New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 635 - Joint Administrative Orders › Section 635.9 - Joint Administrative Order No. 453: Control and supervision of city marshals

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The Appellate Division of the Supreme Court, First
							 Judicial Department, and the Appellate Division of the Supreme Court, Second
							 Judicial Department, pursuant to the authority vested in each of them, and for
							 the purpose of providing controls and close supervision of city marshals, do
							 hereby jointly order as follows:
(1)
						  The Commissioner of Investigation of the City of New York, or his designee, is
						  empowered to supervise and monitor the official acts of New York City marshals
						  and to take complaints, make inquiries and conduct investigations into all
						  aspects of marshals' activities.
(2) The Commissioner of Investigation or his
						  designee, in order to investigate and monitor the activities of city marshals,
						  may hold hearings, compel the attendance of and examine under oath a marshal
						  and his employees regarding the official acts of any marshal.
(3)
(a)
						  Each marshal shall keep detailed books and records and maintain bank accounts
						  as prescribed by the Appellate Divisions or the Department of
						  Investigation.
(b) A city marshal's
						  official books, records and bank accounts are public records and as such are
						  subject to unannounced inspections by the Department of Investigation or anyone
						  designated for that purpose by the Commissioner of Investigation or the
						  Appellate Divisions.
(c) Should the
						  Commissioner of Investigation deem it proper, the Department of Investigation
						  may take into its custody any or all of the official records of a city marshal
						  for the purpose of inspecting them.
(d) Each city marshal shall surrender all
						  official books and records, including but not limited to cash books, docket
						  books, checkbooks, bank statements and cancelled checks, to the Department of
						  Investigation upon termination of office. Should it become necessary, access to
						  such official books and records for the purpose of examination shall be
						  accorded to the city marshal surrendering the same. Upon termination of office,
						  each city marshal shall further prepare a final report of his official acts, as
						  prescribed by the Department of Investigation, which shall include a final
						  statement of monies held in trust, expenses incurred, and fees
						  earned.
(e) A city marshal is
						  entitled to only those fees for those services which are prescribed by law and
						  set forth in an official schedule of fees issued by the Commissioner of
						  Investigation. A city marshal shall perform all other services required of him
						  by law without any other fees or charges, except as otherwise expressly
						  prescribed by law. No fee to which a city marshal is entitled may be waived
						  without specific written authorization of the Commissioner of
						  Investigation.
(f) Each city
						  marshal shall henceforth, in accordance with the procedures prescribed by the
						  Department of Investigation, provide for a fiduciary who shall, upon the death
						  or incapacity of said marshal, assume complete responsibility for the marshal's
						  bank accounts and official records, and shall distribute any monies held in
						  trust or otherwise collected by the marshal to the proper judgment creditors or
						  to any other individual(s) to whom such monies are due and owing. Such a
						  fiduciary shall be compensated at the marshal's own expense.