Title PBO, Public Officers

§ 35-a. Removal for treasonable or seditious acts or utterances. A\nperson holding any public office shall be removable therefrom, in the\nmanner provided by law, for the utterance of any treasonable or\nseditious word or words or the doing of any treasonable or seditious act\no…

§ 36. Removal of town, village, improvement district or fire district\nofficer by court. Any town, village, improvement district or fire\ndistrict officer, except a justice of the peace, may be removed from\noffice by the supreme court for any misconduct, maladministration,\nmal…

§ 37. Notice of existence of vacancy. When a judgment shall be\nrendered by any court convicting an officer of a felony, or of a crime\ninvolving a violation of his oath of office, or declaring the election\nor appointment of any officer to be void, or that the office of any\nof…

§ 38. Terms of officers chosen to fill vacancies. If an appointment of\na person to fill a vacancy in an appointive office be made by the\nofficer, or by the officers, body or board of officers, authorized to\nmake appointment to the office for the full term, the person so\nappo…

§ 39. Filling vacancies in office of officer appointed by governor and\nsenate. A vacancy which shall occur during the session of the senate, in\nthe office of an officer appointed by the governor by and with the\nadvice and consent of the senate, shall be filled in the same man…

§ 4. Commencement of term of office. 1. The term of office of an\nelective officer, unless elected to fill a vacancy then existing, shall\ncommence on the first day of January next after his election, if the\ncommencement thereof be not otherwise fixed by law.\n 2. All terms of …

§ 40. Vacancy occurring in office of legislative appointee, during\nlegislative recess. When a vacancy shall occur or exist, otherwise than\nby expiration of term, during the recess of the legislature, in the\noffice of any officer appointed by the legislature, the governor shal…

§ 41. Vacancies filled by legislature. When a vacancy occurs or\nexists, other than by removal, in the office of comptroller or\nattorney-general, or a resignation of either such officer to take effect\nat any future day shall have been made while the legislature is in\nsession,…

§ 42. Filling vacancies in elective offices. 1. A vacancy occurring\nthree months before the general election in any year in any office\nauthorized to be filled at a general election, except in the offices of\ngovernor or lieutenant-governor, shall be filled at the general elect…

§ 43. Filling other vacancies. If a vacancy shall occur, otherwise\nthan by expiration of term, with no provision of law for filling the\nsame, if the office be elective, the governor shall appoint a person to\nexecute the duties thereof until the vacancy shall be filled by an\n…

§ 5. Holding over after expiration of term. Every officer except a\njudicial officer, a notary public, a commissioner of deeds and an\nofficer whose term is fixed by the constitution, having duly entered on\nthe duties of his office, shall, unless the office shall terminate or b…

§ 6. Mode of choosing state officers if not otherwise provided. If\nthe law shall not otherwise provide the mode of choosing a state\nofficer, he shall be appointed by the governor by and with the advice\nand consent of the senate.\n

§ 60. Official seals of court of appeals, governor and state\ndepartments, divisions and bureaus. 1. Each of the civil departments in\nthe state government shall have an official seal. In addition to the\ndivisions or bureaus required by law to have an official seal, any\ndivisi…

§ 61. Investigations by state officers. Every state officer, in any\nproceeding held before him, or in any investigation held by him for the\npurpose of making inquiry as to the official conduct of any subordinate\nofficer or employee, shall have the power to issue subpoenas for…

§ 62. Business in public offices on public holidays. 1. Holidays and\nhalf holidays shall be considered as Sunday for all purposes relating to\nthe transaction of business in the public offices of each county. On all\nother days and half days, excepting Sundays, such offices sha…

§ 62-a. Leave of absence for certain appointive state officers;\ntemporary vacancy. A person holding a state office by appointment of the\ngovernor, or of the governor by and with the consent of the senate, may\nbe granted by the governor, on the application of such person, a le…

§ 63. Leave of absence for veterans on Memorial day and Veterans' day.\nIt shall be the duty of the head of every public department and of every\ncourt of the state of New York, of every superintendent or foreperson on\nthe public works of said state, of the county officers of t…

§ 64. Payment of expenses of public officers. Every public officer who\nis not allowed any compensation for his services shall be paid his\nactual expenses necessarily incurred in the discharge of his official\nduties.\n

§ 64-a. Patent policy. 1. Notwithstanding the provisions of section\none hundred thirty-five of the civil service law, the participation in\nroyalty or other arrangements may be extended or the payment of\nadditional compensation may be made to an employee of a state department\…

§ 66. Interchangeable use of gender neutral and gender specific titles\nof public offices. Notwithstanding any other provision of law, local\nlaw, charter, code or ordinance, a public officer may, in official\ndocuments or otherwise, refer to the name of her or his public office…

§ 66-a. Accident reports kept by police authorities to be open to the\ninspection of persons interested. 1. Notwithstanding any inconsistent\nprovisions of law, general, special or local, or any limitation\ncontained in the provision of any city charter, all reports and records\…

§ 67. Fees of public officers. 1. Each public officer upon whom a duty\nis expressly imposed by law, must execute the same without fee or\nreward, except where a fee or other compensation therefor is expressly\nallowed by law.\n 2. An officer or other person, to whom a fee or ot…

§ 67-a. Fees for certification or exemplification. Whenever there\nshall be presented to any public officer for certification or\nexemplification, a previously prepared legibly typewritten or printed\ncopy of any document, paper, book or record in such officer's custody,\nthe fe…

§ 68. Allowance of additional fees and expenses. Where an officer or\nother person is required, in the course of a duty imposed upon him by\nlaw, to take an oath, to acknowledge an instrument, to cause an\ninstrument to be filed or recorded, or to transmit a paper to another\nof…

§ 68-a. Fees for oath or acknowledgment. Any officer, authorized to\nperform the services specified in this section, and to receive fees\ntherefor, is entitled to the following fees:\n 1. For administering an oath or affirmation, and certifying the same\nwhen required, except wh…

§ 69. Fee for administering certain official oaths prohibited. An\nofficer is not entitled to a fee, for administering the oath of office\nto a member of the legislature, to any military officer, to an inspector\nof election, clerk of the poll, or to any other public officer or …

§ 69-a. Interest to be paid and collected on all deposits of public\nmoneys amounting to one thousand dollars or more. Within twenty days of\nthe taking effect of this section, interest shall be required to be\npaid, if not already so provided by law, on all deposits of public\n…

§ 7. Appointment by the governor and senate. An appointment to an\noffice by the governor by and with the advice and consent of the senate,\nshall be made by communicating to the senate, while in session, a\nwritten nomination of a person for the office, designating the residenc…

§ 70. Accounting for fees. Where a public officer is required, by\nlaw, to keep an account of, or to pay over, the fees or other moneys,\nreceived by him for official services, he must include therein all sums,\nreceived by him, to which he was entitled, by reason of any act,\np…

§ 70-a. Fees to be paid by public officers for public advertisements.\nThe charge for the publication of concurrent resolutions, proposed\nconstitutional amendments, propositions or questions to be submitted to\nthe voters of the state, tax sales and official notices required to…

§ 70-b. Certificate on printed copies of laws. 1. A published or\nprinted copy of a law shall be entitled to be read into evidence if it\nis: (a) Contained in a book or pamphlet published under the direction\nof the temporary president of the senate and speaker of the assembly\n…

§ 71. Vacations for employees of the state. The executive officers of\nevery public department, bureau, commission, or board of the state are\nauthorized and empowered to grant to every employee under their\nsupervision, who shall have been in such employ for at least one year, …

§ 72. Notices and reports of claims, suits or causes of action to be\ngiven to the attorney-general. 1. Every officer, clerk, agent or\nemployee of any department of the state government, who shall have\nknowledge of any accident or injury to the person or property of any\nperso…

§ 72-a. Penalty of officer for failure to execute mandate and make\nreturn. An officer who fails to execute a mandate according to its\ncommand and make a return thereon of his proceedings is liable to the\nparty aggrieved for the damages sustained by him, in addition to any\not…

§ 73. Business or professional activities by state officers and\nemployees and party officers. 1. As used in this section:\n (a) The term "compensation" shall mean any money, thing of value or\nfinancial benefit conferred in return for services rendered or to be\nrendered. With …

§ 73-a. Financial disclosure. 1. As used in this section:\n (a) The term "statewide elected official" shall mean the governor,\nlieutenant governor, comptroller, or attorney general.\n (b) The term "state agency" shall mean any state department, or\ndivision, board, commission, …

§ 73-b. Advertisements by elected government officials and candidates\nmade with public funds; prohibited. 1. As used in this section:\n (a) "Political subdivision" shall mean a county, city, town, village\nor district within the state.\n (b) "Public authority" shall mean a publ…

§ 74. Code of ethics. 1. Definition. As used in this section: The term\n"state agency" shall mean any state department, or division, board,\ncommission, or bureau of any state department or any public benefit\ncorporation or public authority at least one of whose members is\napp…

§ 74-a. Duty of public officers regarding the physically handicapped.\nIt shall be the duty of each public officer responsible for the\nscheduling or siting of any public hearing to make reasonable efforts to\nensure that such hearings are held in facilities that permit\nbarrier…

§ 75. Bribery of members of the legislature. A person who gives or\noffers, or causes to be given or offered, a bribe, or any money,\nproperty, or value of any kind, or any promise or agreement therefor, to\na member of the legislature, or to a person who has been elected a\nmem…

§ 75-a. Appearance by a person convicted of a crime of corruption.\nUpon conviction for any of the following crimes: bribery in the first\ndegree, bribery in the second degree, bribery in the third degree,\nrewarding official misconduct in the first degree, rewarding official\nm…

§ 76. Receiving bribes by members of legislature. A member of either\nof the houses composing the legislature of this state, or a person\nelected to become a member thereof, who asks, receives, or agrees to\nreceive any bribe upon any understanding that his official vote,\nopini…

§ 77. Unlawful fees and payments. A member of the legislature or any\nofficer or employee of the legislature who asks or receives or consents\nor agrees to receive any emolument, gratuity or reward or any promise of\nemolument, gratuity or reward or any money, property or thing …

§ 77-a. Members of the legislature liable to forfeiture of office. The\nconviction of a member of the legislature or any officer or employee of\nthe legislature of any of the crimes defined in sections seventy-five,\nseventy-six or seventy-seven of this chapter, shall involve as…

§ 78. Certification of members, officers and employees. On or before\nthe tenth day after any member, officer or employee commences the\nperformance of his duties as such, he shall file, with the secretary of\nthe senate, if a member, officer or employee of that house, or with t…

§ 79. Fine in certain cases. Where an officer or a member of a board\nor other body has without just cause refused or neglected to perform a\npublic duty enjoined upon him by a special provision of law, a court may\nimpose a fine, not exceeding two hundred fifty dollars, upon th…

§ 8. Commissions of officers. The commission of every officer\nappointed by the governor, or by the governor by and with the consent of\nthe senate, shall be signed by the governor and attested under the seal\nof this state, by the secretary of state, who shall make and record i…

§ 80. Delivery of books and papers, money and property. A public\nofficer shall demand from his predecessor in office or any person in\nwhose possession they may be, a delivery to such officer of all books\nand papers, money and property belonging or appertaining to such office.…

§ 84. Legislative declaration. The legislature hereby finds that a\nfree society is maintained when government is responsive and responsible\nto the public, and when the public is aware of governmental actions. The\nmore open a government is with its citizenry, the greater the\n…

§ 85. Short title. This article shall be known and may be cited as the\n"Freedom of Information Law."\n