NY Cty L § 400 (2021)
2021 New York Laws CNT - County Article 8 - Officers; General Provisions 400 - Officers; Manner of Selection; Term; Vacancies.

§  400.  Officers;  manner of selection; term; vacancies. 1. Elective. There shall be elected a sheriff, county clerk,  district  attorney  and county treasurer. Except in the county of Lewis, coroners shall continue to  be  elected  as now provided by law until the office is abolished or the number is increased or diminished pursuant to the provisions of this chapter. Unless otherwise provided in this chapter, the term  of  office of  each  such officer shall continue to be three years, except that the terms of office of sheriff, county clerk, county treasurer  and  coroner shall  be  four  years  from and including the first day of January next succeeding  his  election.  There  shall  be  elected  a  county  judge, surrogate, and judge of the family court as now or hereafter provided by law. The term of office of each such judicial officer shall be ten years from  and  including  the  first  day  of  January  next  succeeding his election.   1-a. District attorney in counties outside of New York city. The  term of  office  of  the district attorney of each county outside of New York city shall be for four years commencing on  the  first  day  of  January following  the general election for district attorney in each respective county.   2. Coroners. At least one hundred fifty  days  prior  to  any  general election   and   subject  to  a  permissive  referendum,  the  board  of supervisors shall have power by local  law  to  abolish  the  office  of coroner  and  create the office of medical examiner. The terms of office of all coroners elected or appointed and holding office in the county at the time  such  local  law  becomes  effective  shall  expire  upon  the appointment and qualification of the medical examiner and at the general election  to  be  held  in such year and thereafter no coroners shall be elected in the county.   3. At least one hundred fifty days prior to any general  election  and subject  to a permissive referendum, the board of supervisors shall have power by local law to change the number of coroners to be elected to not less than one nor more than four. The board may divide the  county  into districts  bounded by city or town lines and provide for the election of one coroner in each district.  The  terms  of  office  of  all  coroners elected  or  appointed and holding office in the county at the time such local law becomes effective shall expire on  the  December  thirty-first following. At the general election to be held in the year such local law becomes  effective,  one or more coroners shall be elected in the county as provided by such local law.   3-a. Coroner in Lewis county. All the powers and duties of the  office of  coroner  of the county of Lewis are hereby transferred to the office of district attorney of such county, and the district attorney  of  such county  shall  exercise  and  perform  all  the powers and duties of the office of coroner  of  such  county.  The  district  attorney  shall  be entitled  to  such  additional  fees or compensation from the county for performance of duties as coroner as shall  be  fixed  by  the  board  of supervisors,   and   his   reasonable  and  necessary  expenses  in  the performance of the duties of such office shall be a county  charge.  The provisions  of  this section shall not have the effect under section ten of the municipal home rule law to permit any county,  other  than  Lewis county  as  herein  prescribed,  to change, amend or supersede, by local law, any provisions of this chapter.   3-b. Coroner in Madison  county.  The  office  of  coroner  is  hereby re-established  in  Madison  county.  All  the  powers and duties of the office of coroner of the county of Madison are hereby transferred to the office of district attorney of such county, and the district attorney of such county shall exercise and perform all the powers and duties of  the office  of  coroner  of  such  county.  The  district  attorney shall be  entitled to such additional fees or compensation  from  the  county  for performance  of  duties  as  coroner  as  shall be fixed by the board of supervisors,  and  his  reasonable  and  necessary   expenses   in   the performance  of  the duties of such office shall be a county charge. The provisions of this section shall not have the effect under  section  ten of  the municipal home rule law to permit any county, other than Madison county as herein prescribed, to change, amend  or  supersede,  by  local law, any provisions of this chapter.   4.  (a) Appointive. There shall continue to be appointed in the manner prescribed by law  a  clerk  of  the  board  of  supervisors,  a  county attorney,  county  superintendent  of  highways,  sealer  of weights and measures and county historian. The board of supervisors may by local law provide for the appointment of additional county officers, define  their powers  and  duties not inconsistent with law, and fix the term of their office. No officer appointed for a fixed term shall be  removed  by  the board  during his term without written charges and the opportunity to be heard.  (b) The chief executive officer of a county public welfare department, whether referred  to  as  commissioner  or  by  other  title,  shall  be appointed  in  accordance  with  the  provisions  of section one hundred sixteen of the social welfare law.   4-a. Medical examiner. The board of supervisors in any county in which the office of coroner is abolished shall appoint a medical  examiner.  A certificate  of  such  appointment  shall  be  filed and recorded in the office of the county clerk. The medical examiner, before  entering  upon the  duties  of  his  office, shall take and file the prescribed oath of office and furnish  and  file  the  required  undertaking.  The  medical examiner shall serve at the pleasure of the board of supervisors and his appointment  may  be  revoked  at any time by resolution of the board of supervisors and the filing of a certificate of such  revocation  in  the office  of the county clerk. The medical examiner shall be a resident of the county and a physician duly licensed to practice his  profession  in the  state  of New York and shall be a person determined by the board of supervisors as qualified to perform an autopsy and dissect  dead  bodies of human beings.   4-b.  Coroner's  physician.  Except  in  counties  where the office of coroner has been abolished, the board of supervisors may appoint one  or more   coroner's  physicians  or  may  provide  by  local  law  for  the appointment of one or more coroner's physicians, and may fix  the  terms of  their  office.    In  any  county in which the coroner or any of the coroners is not a physician duly licensed to practice medicine  in  this state, the board shall appoint one or more coroner's physicians.   Each  coroner's physician appointed pursuant to this subdivision shall by virtue of his office be a deputy coroner and shall possess the powers and perform the duties of the coroner, during the absence  or  inability of  the  coroner  to  act, or in the event of a vacancy in the office of coroner.   5. Certificate of election or appointment. Upon filing in  the  office of  the  county  clerk  a  certificate of election or appointment of any officer, together with the  oath  of  office  and  official  undertaking prescribed  by  law,  the county clerk shall execute and deliver to such officer a certificate stating that he or she has duly qualified  and  is entitled  to  assume  the  duties of his or her office. On or before the tenth day of January in each year and thereafter within five days  after any   subsequent  appointment  is  made,  the  clerk  of  the  board  of supervisors shall file in the office of the county clerk  a  certificate showing  the  names of all officers of the county appointed by the board and the amount of the official undertaking, if  any,  required  in  each  case.  On  or  before  the  fifteenth  day  of  January in each year and thereafter within five days after any person is elected or appointed  to any  office within the county, the county clerk shall file in the office of  the executive department of the state a certificate showing the name of each person so elected or  appointed  who  has  duly  qualified  and, within  the  same time periods, file the name of any person appointed to the  office  of  director  of  real  property  tax  services  with   the commissioner of taxation and finance.   6.  Notice  of  vacancy  in  office. Within ten days after any vacancy occurs as prescribed by section thirty of the public officers  law,  the county clerk shall give notice thereof to the governor when the power of appointment  is  vested  in the governor and to the board of supervisors when the power of appointment is vested in said board.   7. Filling of vacancies. Except as hereinafter provided, a vacancy  in an   elective  county  office,  shall  be  filled  by  the  governor  by appointment and for the office of sheriff with the advice and consent of the senate if in session. When a vacancy shall occur, otherwise than  by expiration of term in the office of county judge, surrogate, or judge of the family court, it shall be filled for a full term at the next general election  held not less than three months after such vacancy occurs and, until the vacancy shall be so filled,  the  governor  by  and  with  the advice and consent of the senate, if the senate shall be in session, or, if  the  senate not be in session, the governor may fill such vacancy by an appointment which shall continue until and including the last day  of December next after the election at which the vacancy shall be filled. A vacancy  in  the  office  of  coroner  shall  be  filled by the board of supervisors. Such officer shall hold  office  until  and  including  the thirty-first  day  of  December  succeeding the first annual election at which the vacancy can be filled by election. A person appointed to  fill a  vacancy in an office named in the constitution shall receive the same compensation that was fixed for the office for the most recent  elective term.  The  board of supervisors shall fill any vacancy in an appointive county office for the unexpired term as prescribed by law.