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Article 13 - County Clerk - Code


Section 13.01 Election.
  13.02 Powers and duties.
  13.03 Deputy county clerks.
  13.04 Accounting for fees.
  13.05 Bond of county clerk.
  13.06 Seal.

Section 13.01 Election.

Section 13.02 Powers and duties. The county clerk shall have and exercise all the powers and duties now or hereafter conferred or imposed upon him by any applicable law. He shall perform such additional and related duties as may be prescribed by law not inconsistent with the county charter or this code, and directed by the county executive.

Section 13.03 Deputy county clerks. The county clerk may, within the appropriations provided therefore, appoint to serve at his pleasure such deputy county clerks as he deems necessary for the conduct of his office. All such appointments or revocations thereof shall be in writing and filed and recorded in his office. The county clerk shall designate in writing filed and recorded in his office the order in which such deputy county clerks shall have and exercise the powers and duties of the county clerk during the temporary absence or inability of the county clerk to act. The deputy first named on such writing shall in case of a vacancy in the office of the county clerk perform the duties of the county clerk until a successor is elected or appointed and has qualified.

Section 13.04 Accounting for fees. 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 all and any official services by him, or by any of his assistants, clerks, employees or subordinates, shall apply to and be for the benefit of the county and shall be collected by such clerk, accounted for and paid over within five days after the first day of each and every month to the commissioner of finance. Said county clerk shall make a full and true statement for each calendar month of all moneys received each day by him, his deputies, officers or employees in his or their official capacity and shall transmit and deliver such statements to the commissioner of finance and the comptroller within five days after the expiration of such month. Each statement shall have attached thereto a certification by said county clerk to the effect that the same is in all respects a full and true statement of all moneys received by him as herein required. At the time of rendering any such statement, such clerk shall pay to the commissioner of finance for the benefit of said county the whole amount or the balance of the moneys received by him since making the last preceding monthly report. Other funds or fees collected, by the county clerk shall be collected, paid over, deposited and reported in accordance with the law applicable thereto.

Section 13.05 Bond of county clerk. The county clerk and such of his deputies, officers and employees as the county legislature shall require shall give a surety bond to the county in a sum to be fixed by the county legislature conditioned for the faithful performance of his duties, which bond shall be approved as to form by the county attorney and as to sufficiency of surety by the county executive and filed in the office of the county clerk.

Section 13.06 Seal.

  1. The seal of the county of Erie shall be the seal of the county clerk and register.
  2. The county clerk shall affix or imprint such seal upon any and all instruments requiring the same.