Legislation
SECTION 13
Law enforcement and other officers
Constitution (CNS) CHAPTER , ARTICLE XIII
§ 13. (a) Except in counties in the city of New York and except as
authorized in section one of article nine of this constitution,
registers in counties having registers shall be chosen by the electors
of the respective counties once in every three years and whenever the
occurring of vacancies shall require; the sheriff and the clerk of each
county shall be chosen by the electors once in every three or four years
as the legislature shall direct. Sheriffs shall hold no other office.
They may be required by law to renew their security, from time to time;
and in default of giving such new security, their offices shall be
deemed vacant. The governor may remove any elective sheriff, county
clerk, district attorney or register within the term for which he or she
shall have been elected; but before so doing the governor shall give to
such officer a copy of the charges against him or her and an opportunity
of being heard in his or her defense. In each county a district attorney
shall be chosen by the electors once in every three or four years as the
legislature shall direct. The clerk of each county in the city of New
York shall be appointed, and be subject to removal, by the appellate
division of the supreme court in the judicial department in which the
county is located. In addition to his or her powers and duties as clerk
of the supreme court, he or she shall have power to select, draw, summon
and empanel grand and petit jurors in the manner and under the
conditions now or hereafter prescribed by law, and shall have such other
powers and duties as shall be prescribed by the city from time to time
by local law.
(b) Any district attorney who shall fail faithfully to prosecute a
person charged with the violation in his or her county of any provision
of this article which may come to his or her knowledge, shall be removed
from office by the governor, after due notice and an opportunity of
being heard in his or her defense. The expenses which shall be incurred
by any county, in investigating and prosecuting any charge of bribery or
attempting to bribe any person holding office under the laws of this
state, within such county, or of receiving bribes by any such person in
said county, shall be a charge against the state, and their payment by
the state shall be provided for by law.
(c) The city of New York is hereby vested with power from time to time
to abolish by local law, as defined by the legislature, the office of
any county officer within the city other than judges, clerks of counties
and district attorneys, and to assign any or all functions of such
officers to city officers, courts or clerks of counties, and to
prescribe the powers, duties, qualifications, number, mode of selection
and removal, terms of office and compensation of the persons holding
such offices and the employees therein, and to assign to city officers
any powers or duties of clerks of counties not assigned by this
constitution. The legislature shall not pass any law affecting any such
matters in relation to such offices within the city of New York except
on message from the governor declaring that an emergency exists and the
concurrent action of two-thirds of the members of each house, except
that existing laws regarding each such office shall continue in force,
and may be amended or repealed by the legislature as heretofore, until
the power herein granted to the city has been exercised with respect to
that office. The provisions of article nine shall not prevent the
legislature from passing general or special laws prescribing or
affecting powers and duties of such city officers or such courts or
clerks to whom or which functions of such county officers shall have
been so assigned, in so far as such powers or duties embrace subjects
not relating to property, affairs or government of such city.
authorized in section one of article nine of this constitution,
registers in counties having registers shall be chosen by the electors
of the respective counties once in every three years and whenever the
occurring of vacancies shall require; the sheriff and the clerk of each
county shall be chosen by the electors once in every three or four years
as the legislature shall direct. Sheriffs shall hold no other office.
They may be required by law to renew their security, from time to time;
and in default of giving such new security, their offices shall be
deemed vacant. The governor may remove any elective sheriff, county
clerk, district attorney or register within the term for which he or she
shall have been elected; but before so doing the governor shall give to
such officer a copy of the charges against him or her and an opportunity
of being heard in his or her defense. In each county a district attorney
shall be chosen by the electors once in every three or four years as the
legislature shall direct. The clerk of each county in the city of New
York shall be appointed, and be subject to removal, by the appellate
division of the supreme court in the judicial department in which the
county is located. In addition to his or her powers and duties as clerk
of the supreme court, he or she shall have power to select, draw, summon
and empanel grand and petit jurors in the manner and under the
conditions now or hereafter prescribed by law, and shall have such other
powers and duties as shall be prescribed by the city from time to time
by local law.
(b) Any district attorney who shall fail faithfully to prosecute a
person charged with the violation in his or her county of any provision
of this article which may come to his or her knowledge, shall be removed
from office by the governor, after due notice and an opportunity of
being heard in his or her defense. The expenses which shall be incurred
by any county, in investigating and prosecuting any charge of bribery or
attempting to bribe any person holding office under the laws of this
state, within such county, or of receiving bribes by any such person in
said county, shall be a charge against the state, and their payment by
the state shall be provided for by law.
(c) The city of New York is hereby vested with power from time to time
to abolish by local law, as defined by the legislature, the office of
any county officer within the city other than judges, clerks of counties
and district attorneys, and to assign any or all functions of such
officers to city officers, courts or clerks of counties, and to
prescribe the powers, duties, qualifications, number, mode of selection
and removal, terms of office and compensation of the persons holding
such offices and the employees therein, and to assign to city officers
any powers or duties of clerks of counties not assigned by this
constitution. The legislature shall not pass any law affecting any such
matters in relation to such offices within the city of New York except
on message from the governor declaring that an emergency exists and the
concurrent action of two-thirds of the members of each house, except
that existing laws regarding each such office shall continue in force,
and may be amended or repealed by the legislature as heretofore, until
the power herein granted to the city has been exercised with respect to
that office. The provisions of article nine shall not prevent the
legislature from passing general or special laws prescribing or
affecting powers and duties of such city officers or such courts or
clerks to whom or which functions of such county officers shall have
been so assigned, in so far as such powers or duties embrace subjects
not relating to property, affairs or government of such city.