2006 New York Code - Marshals To Continue In Office; Appointment Of Marshals; Vacancies.



 
    §  1601.  Marshals  to  continue  in  office; appointment of marshals;
  vacancies. 1. No more than eighty-three city marshals shall be appointed
  by the mayor.  Upon the expiration of the terms of office  of  the  duly
  appointed  incumbents the mayor shall appoint their successors for terms
  of five years. Every marshal shall  be,  at  the  time  of  his  or  her
  appointment  and  during his or her term of office, a domiciliary of the
  city of New York, and his or her removal from the city shall vacate  his
  or  her office, provided that no marshal holding office on the effective
  date of this section as hereby amended shall be required to establish  a
  domicile  in  the city of New York as a condition to remaining in office
  for the remainder of the term for which he or she was  appointed.  If  a
  vacancy  in  the  office  of a marshal shall occur otherwise than by the
  expiration of a term the person appointed by  the  mayor  to  fill  such
  vacancy  shall hold office for the unexpired term of the marshal whom he
  or she succeeds.
    2. An independent committee on city marshals is  hereby  created.  The
  committee  shall  consist  of  fifteen  members,  of  whom  six shall be
  selected by the mayor, three each shall be  selected  by  the  presiding
  justices of the first and second judicial departments and three shall be
  selected  by  the  deans  of  law schools located within the city of New
  York. Performance of this function shall be rotated annually among  such
  eligible  deans.  The  members  chosen  by  the  mayor and the presiding
  justices shall serve for a term concurrent  with  the  mayor's  term  of
  office. The members chosen by the law school deans shall serve one year.
  Vacancies in the committee shall be filled in the same manner as initial
  appointments.
    3.  The  committee  shall  establish  and  publish  criteria  for  the
  appointment of marshals  and  shall  recommend  up  to  three  qualified
  persons meeting such criteria for each appointment to the office of city
  marshal to be made by the mayor. In addition to any criteria established
  by  the  committee,  all persons to be recommended to the mayor shall be
  required to provide to the department of investigation of  the  city  of
  New  York or any successor agency thereto, information relating to their
  background  and  financial  resources  in  a  form  prescribed  by  such
  department. All communications to the committee, and its proceedings and
  all  applications,  correspondence, interviews, transcripts, reports and
  all  other  papers,  files  and  records  of  the  committee  shall   be
  confidential and shall be exempt from public disclosure.
    4.  No  person shall be appointed to the office of city marshal except
  upon the recommendation of the committee on city marshals.    No  person
  shall  be recommended to the mayor for appointment or reappointment as a
  marshal unless (i)  a  report  on  such  person's  background  has  been
  received by the committee from the department of investigation, and (ii)
  in  the  case  of a reappointment, the committee has reviewed his or her
  record  of  performance  in  office  and  has  determined   it   to   be
  satisfactory.
    5.  The  mayor  shall,  by executive order, establish or authorize the
  committee to establish such procedures to be followed by  the  committee
  in  its  review  and recommendation of candidates for the office of city
  marshal as are consistent with the provisions of this article and as may
  be necessary to effectuate its purposes.

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