NY Town L § 25 (2021)
2021 New York Laws TWN - Town Article 3 - Town Officers, Powers, Duties and Compensation 25 - Oaths of Office and Undertaking.

§  25. Oaths of office and undertaking. Before he or she enters on the   duties of the office, and within thirty days after the  commencement  of   the  term  of  office  for which he or she is chosen, every town officer   shall take  and  subscribe  before  an  officer  authorized  by  law  to   administer oaths in his or her county, the constitutional oath of office   and  such  other  oath  as  may  be  required  by  law,  which  shall be   administered and certified  by  the  officer  taking  the  same  without   compensation,  and  such  oath  shall be filed in the office of the town   clerk. Each town justice shall also file such oath of office as provided   pursuant to section one hundred four of the uniform  justice  court  act   with the county clerk and the office of court administration.Each   supervisor,  town  clerk,  collector,  receiver  of  taxes  and   assessments, town justice, constable, town superintendent  of  highways,   and  such  other  officers  and employees as the town board may require,   before entering upon the duties of his or her office, and within  thirty   days after commencement of the term for which he or she is chosen, shall   execute  and  file  in  the office of the clerk of the town, an official   undertaking, conditioned for the faithful  performance  of  his  or  her   duties,  in  such  form,  in such sum and with such sureties as the town   board shall direct and approve and such approval shall be indicated upon   such undertaking. Unless the town board of his or her town has  procured   a  blanket  undertaking pursuant to subdivision two of section eleven of   the public officers law that covers him or her, each town justice  shall   also  file  such  undertaking as provided by section one hundred four of   the uniform justice court act with the county  clerk.  Such  undertaking   shall  not  be  recorded unless the town board of the town shall adopt a   resolution so requiring and shall indicate such  requirement  upon  such   undertaking.   The  undertaking  of  the  supervisor  shall  be  further   conditioned that he or she will  well  and  truly  keep,  pay  over  and   account  for  all  moneys  and  property, including any special district   funds and the local school fund, if  any,  belonging  to  his  town  and   coming  into his or her hands as such supervisor. The undertaking of the   receiver of taxes and assessments shall be further conditioned  that  he   or she will well and truly keep, pay over and account for all moneys and   property  coming  into  his  or  her hands as such receiver of taxes and   assessments, including all school district taxes, and  such  undertaking   shall  be in lieu of any other bond or undertaking otherwise required by   law in the collection of such  school  district  taxes  and  the  proper   accounting   therefor,  except  the  undertaking  required  by  sections   twenty-five hundred six and  twenty-five  hundred  twenty-seven  of  the   education  law, and the trustees of every school district for which such   receiver of taxes and assessments shall act as collector shall have  and   may  exercise  the  same  powers  and  remedies  with  respect  to  such   undertakings as is given them with respect to the official bond  of  the   collector  by the provisions of article forty-three of the education law   or by the provisions of any other general or special law. The town board   at any time may require any such officer  or  employee  to  file  a  new   official  undertaking  for  such sum and with such sureties as the board   shall approve. In addition, the town board may require any town  officer   depositing  funds  or  moneys  of  the  town  to  file a depository bond   indemnifying the town against any loss thereof. The town  board  may  by   resolution determine that any such undertaking or bond shall be executed   by  a surety company authorized to transact business in the state of New   York and the expense thereof shall be a charge  against  the  town.  The   filing  of  such oath and undertaking, when required, shall be deemed an   acceptance of the office. The town clerk shall notify the town board  in   writing of the expiration of any undertaking or bond filed in his or her    office pursuant to this section, at least thirty and not more than sixty   days prior to the date of expiration thereof.A neglect or an omission to take and file such oath, or to execute and   file  such  undertaking within the time prescribed herein, except in the   case of town justices, shall be deemed a refusal to serve and the office   may be filled as in case of vacancy. The undertaking of a  town  officer   provided  by  this  section  shall  be  in  addition  to any undertaking   otherwise required by law.