N.Y. TWN Law § 25 — New York Code / Act TWN / Article 3 / Section 25
Oaths of office and undertaking
Status: in_force

§ 25. Oaths of office and undertaking. Before he or she enters on the\nduties of the office, and within thirty days after the commencement of\nthe term of office for which he or she is chosen, every town officer\nshall take and subscribe before an officer authorized by law to\nadminister oaths in his or her county, the constitutional oath of office\nand such other oath as may be required by law, which shall be\nadministered and certified by the officer taking the same without\ncompensation, and such oath shall be filed in the office of the town\nclerk. Each town justice shall also file such oath of office as provided\npursuant to section one hundred four of the uniform justice court act\nwith the county clerk and the office of court administration.\n  Each supervisor, town clerk, collector, receiver of taxes and\nassessments, town justice, constable, town superintendent of highways,\nand such other officers and employees as the town board may require,\nbefore entering upon the duties of his or her office, and within thirty\ndays after commencement of the term for which he or she is chosen, shall\nexecute and file in the office of the clerk of the town, an official\nundertaking, conditioned for the faithful performance of his or her\nduties, in such form, in such sum and with such sureties as the town\nboard shall direct and approve and such approval shall be indicated upon\nsuch undertaking. Unless the town board of his or her town has procured\na blanket undertaking pursuant to subdivision two of section eleven of\nthe public officers law that covers him or her, each town justice shall\nalso file such undertaking as provided by section one hundred four of\nthe uniform justice court act with the county clerk. Such undertaking\nshall not be recorded unless the town board of the town shall adopt a\nresolution so requiring and shall indicate such requirement upon such\nundertaking. The undertaking of the supervisor shall be further\nconditioned that he or she will well and truly keep, pay over and\naccount for all moneys and property, including any special district\nfunds and the local school fund, if any, belonging to his town and\ncoming into his or her hands as such supervisor. The undertaking of the\nreceiver of taxes and assessments shall be further conditioned that he\nor she will well and truly keep, pay over and account for all moneys and\nproperty coming into his or her hands as such receiver of taxes and\nassessments, including all school district taxes, and such undertaking\nshall be in lieu of any other bond or undertaking otherwise required by\nlaw in the collection of such school district taxes and the proper\naccounting therefor, except the undertaking required by sections\ntwenty-five hundred six and twenty-five hundred twenty-seven of the\neducation law, and the trustees of every school district for which such\nreceiver of taxes and assessments shall act as collector shall have and\nmay exercise the same powers and remedies with respect to such\nundertakings as is given them with respect to the official bond of the\ncollector by the provisions of article forty-three of the education law\nor by the provisions of any other general or special law. The town board\nat any time may require any such officer or employee to file a new\nofficial undertaking for such sum and with such sureties as the board\nshall approve. In addition, the town board may require any town officer\ndepositing funds or moneys of the town to file a depository bond\nindemnifying the town against any loss thereof. The town board may by\nresolution determine that any such undertaking or bond shall be executed\nby a surety company authorized to transact business in the state of New\nYork and the expense thereof shall be a charge against the town. The\nfiling of such oath and undertaking, when required, shall be deemed an\nacceptance of the office. The town clerk shall notify the town board in\nwriting of the expiration of any undertaking or bond filed in his or her\noffice pursuant to this section, at least thirty and not more than sixty\ndays prior to the date of expiration thereof.\n  A neglect or an omission to take and file such oath, or to execute and\nfile such undertaking within the time prescribed herein, except in the\ncase of town justices, shall be deemed a refusal to serve and the office\nmay be filled as in case of vacancy. The undertaking of a town officer\nprovided by this section shall be in addition to any undertaking\notherwise required by law.\n