Legislation
SECTION 18
Official undertakings
Second Class Cities (SCC) CHAPTER 53, ARTICLE 3
§ 18. Official undertakings. No person elected or appointed to a city
office shall enter upon or continue in the discharge of the duties of
his office until he shall have executed and filed with the city clerk
the official undertaking, if any, required to be given and the same
shall have been approved as to its form and validity by the corporation
counsel and as to the sufficiency of the sureties by the mayor. All such
undertakings shall be recorded in the office of the city clerk. In
addition to the city officers required in this chapter, or otherwise by
law, to give official undertakings, the common council may require any
other city officer to give an official undertaking in such penal sum and
with such conditions and sureties as it shall direct and approve. It may
also, in a proper case, require an undertaking of any officer in
addition to that required by law. The mayor shall examine the
sufficiency of the proposed sureties of any officer or person from whom
an official undertaking is required and may require such sureties to be
examined on oath as to their property qualifications and liabilities.
The deposition of each surety shall be reduced to writing, subscribed by
him, certified by the officer administering the oath and annexed to and
filed with the undertaking. In case any city officer shall fail to file
the required official undertaking, if an elective officer, within thirty
days after receipt of his certificate of election, and if an appointive
officer, within fifteen days after receipt of notice of his appointment,
the office shall be deemed to be vacant and the vacancy shall be filled
in the manner herein provided for the filling of a vacancy therein
happening otherwise than by expiration of term. The official undertaking
of a city officer shall not be a lien upon real estate owned by him or
the sureties on such undertaking.
office shall enter upon or continue in the discharge of the duties of
his office until he shall have executed and filed with the city clerk
the official undertaking, if any, required to be given and the same
shall have been approved as to its form and validity by the corporation
counsel and as to the sufficiency of the sureties by the mayor. All such
undertakings shall be recorded in the office of the city clerk. In
addition to the city officers required in this chapter, or otherwise by
law, to give official undertakings, the common council may require any
other city officer to give an official undertaking in such penal sum and
with such conditions and sureties as it shall direct and approve. It may
also, in a proper case, require an undertaking of any officer in
addition to that required by law. The mayor shall examine the
sufficiency of the proposed sureties of any officer or person from whom
an official undertaking is required and may require such sureties to be
examined on oath as to their property qualifications and liabilities.
The deposition of each surety shall be reduced to writing, subscribed by
him, certified by the officer administering the oath and annexed to and
filed with the undertaking. In case any city officer shall fail to file
the required official undertaking, if an elective officer, within thirty
days after receipt of his certificate of election, and if an appointive
officer, within fifteen days after receipt of notice of his appointment,
the office shall be deemed to be vacant and the vacancy shall be filled
in the manner herein provided for the filling of a vacancy therein
happening otherwise than by expiration of term. The official undertaking
of a city officer shall not be a lien upon real estate owned by him or
the sureties on such undertaking.