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Article 21 - Sheriff - Charter


Section 2101. Election.
  2102. Powers and duties.
  2103. Deputies and employees.
  2104. Erie county holding center.
  2105. Appointment of superintendent.

Section 2101. Election. There shall be a sheriff who shall be elected from the county at large. His or her term of office shall begin with the first day of January next following his or her election and shall be for four years except as otherwise provided in this charter. 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. He or she shall devote his or her whole time to the duties of his or her office and shall hold no other public office.

Section 2102. Powers and duties. The sheriff shall have and exercise all powers and duties now or hereafter conferred or imposed upon him by any applicable law. He or she shall perform such additional and related duties as may be prescribed by local law.

Section 2103. Deputies and employees.

  1. The deputies and employees of the Erie county sheriff's department shall be in the classified service under the provisions of the civil service law of the state of New York, and shall be subject to and governed and controlled by the rules and regulations of the New York state department of civil service as follows:
    1. All personnel employed by the sheriff of Erie county in the following titles, shall be within the competitive class of the classified service: assistant chief deputy, criminal; deputy sheriff, criminal; senior communications officer; communications officer, chief identification officer; identification officer; principal guard; jail guard; hospital guard; matron; steward.
    2. Personnel holding the following titles shall be within the non competitive class of the classified service: chief criminal deputy; superintendent of jails; assistant superintendent of jails; cook; assistant cook; registered nurse; medical aide; extern; hospital guard (PT); special deputy (PT).
    3. Personnel holding the following titles shall be within the labor class of the classified service: laborer; cleaner; kitchen helper.
    4. Personnel holding the following titles shall be within the exempt class of the classified service: protestant chaplain; catholic chaplain.
    5. Detective deputies and special deputies shall be temporary assignments, to be made by the sheriff from the ranks of the criminal deputies, and to serve at his or her pleasure, within the limitations set forth in any bargaining agreement pursuant to the provisions of the public employees' fair employment act.
  2. Personnel holding the following titles shall be continued within the classification known as "Flaherty": undersheriff; inspector; deputy sheriff, civil (including court deputies); deputy sheriff, female; secretary to the sheriff; principal deputy, courts; assistant chief deputy sheriff, civil; assistant to bookkeeper; chief account clerk; senior account clerk; cashier; senior clerk stenographer; clerk stenographer; clerk typist; telephone operator. Appointments to these positions shall be made by the sheriff, to serve at his or her pleasure within the limitations set forth in any bargaining agreement pursuant to the provisions of the public employees' fair employment act.
  3. All titles other than those listed in subdivisions A and B above shall be classified in accordance with the rules and regulations of the civil service law of the state of New York.
  4. All personnel employed by the Erie county sheriff's department who hold positions which are within the classified service under the New York state civil service law and who have served for one year in their respective positions prior to the effective date of this local law shall be covered in in the respective positions without further examination.

Subsection D. Added by Local Law No. 5 1973.
NEW section 2103 (formerly 2203, formerly 1503) Added by Local Law No. 4 1973.
Former section 1503 REPEALED by Local Law No. 4 1973.
Former section 1503 Added by Local Law No. 2 1969
1969 Local Laws of Cities, Counties, Towns and Villages.

Section 2104. Erie county holding center. The Erie county jail shall be known hence forth as the Erie county holding center. Whenever the terms "Erie county jail", "county jail", or "correctional facility" when used in reference to the Erie county jail, or any variations of these terms appear in this charter, the Erie county administrative code, or in any other statute, local law or ordinance, they shall be deemed as applying to the Erie county holding center.
Added by Local Law No. 12 1973.

Section 2105. The sheriff shall appoint the superintendent of the Erie county correctional facility to serve at his or her pleasure. At the discretion of the Sheriff, the superintendent may hold another position within the Erie county sheriff's department. In such a case, the superintendent shall only be paid the salary of one position as designated by the sheriff.
Added by Local Law No. 5-2000.
Article 21 was formlerly numbered Article 22, which was formerly numbered Article XV.