§ 401. Deputies.
406 words·~2 min read·
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§ 401. Deputies. 1. Except as otherwise provided in this chapter, the
board of supervisors may authorize any officer of the county paid from
county funds or the head of any department to appoint one or more
deputies, who shall perform such duties not inconsistent with law as
shall be assigned to them by the appointing officer. In the event an
authorized officer or department head fails to appoint one or more
deputies and the authorized officer or department head is disabled for a
period greater than thirty days, the board of supervisors may appoint
such a deputy who shall possess the powers and perform the duties of the
principal until the disability is removed or until a successor is
elected or appointed and has qualified.
2. If there be but one deputy, he shall possess the powers and perform
the duties of his principal during the absence or inability of his
principal to act. If there be more than one deputy, the principal shall
designate in writing and file in the office of the county clerk and of
the clerk of the board of supervisors the order in which they are to
serve during his absence or inability to act.
3. In the event of a vacancy in the office of the principal, such
deputy, or the deputy so designated, shall possess the powers and
perform the duties of his principal until the disability is removed, or,
in case of a vacancy, until a successor is elected or appointed and has
qualified. If no designation shall have been made and filed, the senior
deputy shall act.
4. In the event of a vacancy in the office of the principal, the board
of supervisors may require such deputy to furnish an official
undertaking in an amount fixed by such board and approved as provided in
this chapter, and upon default thereof, said board of supervisors shall
have the power to designate another employee in such office or
department as the acting principal officer, who upon executing and
filing such undertaking shall have and exercise the powers and duties of
the office until a successor is elected or appointed and has qualified.
5. The provisions of this section shall not apply to the office of
undersheriff, or to the office of coroner or to the office of coroner's
physician.
6. The provisions of this section shall supersede inconsistent
provisions of section nine of the public officers law.