A.
There shall be a Department of Records, headed by the County Clerk. The election of the County Clerk, together with his or her term of office, shall be as provided in Article XIII of the New York State Constitution.
B.
At the time of his or her election and throughout
his or her term of office, he or she shall be a qualified elector
of the County. Throughout his or her term of office, the County Clerk
shall devote his or her whole time to the duties of his or her office,
shall hold no other elective office and shall hold no other public
office.
The County Clerk shall have and exercise all
the duties and shall be subject to all the obligations and liabilities
heretofore and hereafter lawfully granted or imposed by the Charter,
this code, local law, resolution or ordinance of the County Legislature
not inconsistent with those powers and duties vested in said office
under the New York State Constitution. He or she shall also perform
such other related functions as the County Legislature or the County
Executive may designate in order to implement and accomplish the policies
and responsibilities the County Legislature has prescribed.
On or before March 1 of each year, the County
Clerk shall make an annual report for the immediately preceding calendar
year, covering generally the work of his or her Department. The County
Clerk shall make such other reports at such times as may be required
by the County Legislature, County Executive or any other applicable
law. Copies of all reports shall be filed with the Clerk to the County
Legislature and the County Executive.
A.
The County Clerk, within the appropriations provided
therefor, shall appoint such officers, assistants and/or employees
in his or her Department, including such actual deputy positions as
may be authorized and budgeted, as shall be authorized by the County
Legislature. All Deputy County Clerks shall serve at the pleasure
of the County Clerk, subject to all applicable provisions of New York
State law.
B.
The County Clerk shall designate and deputize a deputy
or deputies to whom shall be delegated all the powers and duties of
the County Clerk and the authority to act generally for and in place
of said County Clerk.
C.
The designation or designations shall be in writing
and shall designate the relative rank of the deputies, including the
order of temporary succession to the duties of the County Clerk during
absence, disability or otherwise and also may delegate among them
such powers and duties as he or she may determine. The designations
and delegations shall be in writing and filed in the Department of
Records, and copies thereof shall be filed with the Clerk to the County
Legislature and with the County Executive.
All moneys to which the County may be entitled
under and by virtue of the laws of the State of New York, or which
the County Clerk may receive for services performed by his or her
Department, shall belong to the County and shall be collected by such
Clerk, accounted for and paid over to the Commissioner of Finance
by a written statement within 10 days after the expiration of each
month. Each monthly statement shall have attached thereto a certification
by said County Clerk to the effect that same is in all respects a
full and true statement of all moneys received by him or her for the
preceding month. At the time of rendering any such statement, the
County Clerk shall pay to the Commissioner of Finance all moneys received
by him or her since the last preceding monthly statement. Other funds
or fees received or collected by the County Clerk shall be paid over
and reported to the Commissioner of Finance as above provided, except
where otherwise specifically prescribed by statute.
The County Clerk and such of his or her deputies,
assistants, officers and employees as the County Legislature shall
require, shall each give a surety bond to the County in a sum fixed
by the County Legislature, conditioned for the faithful performance
of his or her duties. Such bond shall be approved as to form by the
County Attorney and as to the sufficiency of surety by the County
Legislature and filed with the Department of Records.
