The Sheriff shall be the chief peace officer of the County and
the keeper of the County Jail and shall perform all acts required
by law or regulations of a competent authority. The Sheriff shall
keep, or cause to be kept, such books and records for his/her office
and for the County Jail and shall make such reports and returns as
are or may be hereafter required by law or by direction of a competent
authority.
(a)Â
During the absence or inability of the Sheriff to act, or when a
vacancy shall occur in the office of the Sheriff, the Acting Sheriff
shall, in all things, execute the duties of the Office of Sheriff
until a new Sheriff is elected or appointed, under the provisions
of the Charter, and has qualified.
(b)Â
Within the limits of the appropriations therefor, the Sheriff may
appoint as many regular Deputy Sheriffs as he/she may deem proper.
The Sheriff may also appoint keepers, guards and employees as may
be authorized by the County Legislature. Such appointments shall be
made, and such appointees shall serve, in accordance with such provisions,
conditions, and requirements as may lawfully be prescribed by the
County Legislature by local law. Any person may also be deputized
by the Sheriff by written instrument to do particular acts.
[Amended 4-12-1976 by L.L. No. 6-1976]
(c)Â
Each appointment by the Sheriff of persons to his/her staff shall
be in a writing filed and recorded in the office of the County Clerk
and reported to the Commissioner of Human Resources. Before the appointment
by the Sheriff of any person, however, other than a person deputized
to do particular acts, the Sheriff shall require such person to, and
such person shall, submit to the Sheriff fingerprints of the two hands
of such person, and it shall thereupon be the duty of the Sheriff
to compare, or cause to be compared, such fingerprints with fingerprints
filed with the Division of Criminal Justice Services, or other appropriate
state agency.[1]
(d)Â
Within the limits of the appropriation, the Sheriff may employ such
number of part-time Deputies as he/she may deem necessary, who shall
be paid a salary or on a per-diem basis as the County Legislature
may determine. Such appointments shall be made and such appointees
shall serve in accordance with such provisions, conditions, and requirements
as may lawfully be prescribed by the County Legislature by local law.
Each appointment by the Sheriff of a part-time Deputy shall be in
a writing filed and recorded in the office of the County Clerk and
reported to the Commissioner of Human Resources. A duly appointed
part-time Deputy Sheriff shall perform only those duties and powers
authorized by the Sheriff. Whenever deemed necessary, the Sheriff
may deputize persons to serve civil process and execute civil mandates.
[Amended 4-12-1976 by L.L. No. 6-1976[2]]
(e)Â
The Sheriff shall also appoint and employ, in a manner consistent
with such provisions, conditions, and requirements as the County Legislature
may lawfully prescribe, by local law, a matron of the jail, who shall
have sole charge of the female prisoners of that portion of the jail
in which female prisoners are detained, subject to the direction of
the Sheriff or the keeper of the jail. Such matron shall have the
custody of the keys of the section, department or room of the jail
in which any female is detained. The keeper or other male employee
or employees shall not have access to this section, department, or
room in which any female is detained, except in the company of such
matron. A matron shall at all times be in attendance when females
are confined in the jail.
[Amended 4-12-1976 by L.L. No. 6-1976]
(f)Â
The Sheriff may in his/her discretion deputize the peace officers
of the cities, the towns, villages and special districts, for the
purpose of authorizing an arrest without a warrant outside the territorial
limits of such city, town, village or special district, when such
crime or infraction was committed within such territorial limits in
the presence of such peace officer. Such peace officer shall not,
however, be deemed an officer, agent, servant or employee of the County.
(g)Â
For the protection of human life and property during an emergency,
the Sheriff may deputize, orally or in writing, such number of additional
special deputies as he/she deems necessary. If he/she is unable to
continue the services of such special deputies without compensation,
he/she may pay the compensation of any such special deputies in such
amount as the County Legislature may determine for each day any such
special deputy is actually engaged in assisting him/her in the performance
of his/her duties, or in assisting any other Sheriff in New York State
who deputized him/her. If the County Legislature shall fail to fix
the compensation of such special deputies, the Sheriff may, subject
to the approval of the County Executive, fix such compensation. The
compensation of any special deputy so appointed shall be a County
charge.
The County Legislature shall have power to provide a fund for
the payment in advance of audit of properly itemized and verified
bills for the expenses of the Sheriff lawfully and necessarily incurred
in the transportation of prisoners, and the County Executive may authorize
the Commissioner of Finance to apply said fund in payment of such
bills on the approval of the Sheriff and endorsed thereon. The Sheriff
and any claimant receiving payment as aforesaid shall be jointly and
severally liable for any item or items contained in a bill so paid
in advance of audit which shall be disallowed upon final audit, to
be recovered in an action brought by the County Attorney in the name
of the County.
The salary of the Sheriff shall be fixed by the County Legislature
and shall be in lieu of all fees or other compensation. All fees which
he/she shall charge and collect by virtue of law from any person in
civil matters or otherwise shall belong to the County and such Sheriff
shall keep an exact account of the same in such form as the Comptroller
shall prescribe, and shall pay over to the Commissioner of Finance,
without deduction or delay at such times and under such conditions
as he/she may prescribe, all fees collected, the same to be accompanied
by a verified statement to the effect that such fees are all the fees
collected by him/her or his/her subordinates within five days after
the expiration of said month, in such form as he/she may prescribe.
Whenever it shall be necessary to keep together the members
of a jury during their deliberations, the court may direct the Sheriff
to furnish specified meals and/or lodging to such jury. The claim
for the expenses thereof shall be presented to the Commissioner of
Finance, which claim must bear the approval of the Sheriff and of
the judge, court or clerk of the court for which the jury was chosen
and shall be paid as other court expenses are paid.
