Dutchess County, NY Article XXIII Sheriff

Section 23.01 Election; term; qualifications.

There shall be a Sheriff, who shall be elected from the County at large in accordance with applicable state law beginning with the first day of January next following his/her election. At the time of his/her nomination and election, and throughout his/her term of office, the Sheriff shall be and remain a qualified elector of the County.

Section 23.02 Powers and duties.

The Sheriff shall be the chief law enforcement officer for, and have jurisdiction throughout, the County. Except as may otherwise be provided in this Charter, he/she shall have all the powers and perform all the duties, both criminal and civil, conferred or imposed by law upon sheriffs, and perform such other and related duties required by the County Executive or County Legislature.

Section 23.03 Deputy Sheriffs and staff; limitations on liability.

[Amended 4-12-1976 by L.L. No. 6-1976]

The Sheriff shall have the power to appoint such Deputy Sheriffs, assistants and employees as shall be authorized by the County Legislature. The Undersheriff and Deputy Sheriff-Confidential Secretary shall be directly responsible to, and serve at the pleasure of the Sheriff.

Any act or omission of any employee of the County in the Office of the Sheriff, except the Sheriff, done or made in the performance of any official duty or for the performance of which the County is paid or receives compensation or fee, shall be the act or omission of the County and the damages, if any, resulting therefrom shall be deemed the liability of the County.

Nothing contained in the section shall make the County responsible for the acts of the Sheriff thereof, nor relieve said Sheriff from any liability to which he/she is lawfully subject.

Section 23.04 Acting Sheriff.

The Sheriff shall designate in writing, and in order of succession, the Deputy Sheriffs and assistants who shall be Acting Sheriff in the event of his/her absence from the County or inability to perform and exercise the powers and duties of his/her office. Such designation shall be filed with the County Clerk and the Clerk of the County Legislature and may be revoked at any time by the Sheriff filing a new written designation and order of succession. The Acting Sheriff shall have all the powers and perform all the duties of the Sheriff.