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Erie County Administrative Code

ARTICLE 6
DEPARTMENT OF LAW

Table of Contents
Section6.01Department of law; county attorney.
 6.02Powers and duties.
 6.03Assistant county attorneys.
 6.04Bond of county attorney.

Section 6.01 Department of law; county attorney. The department of law shall be headed by the county attorney who shall be a member in good standing of the bar of the state of New York.

Section 6.02 Powers and duties.

  1. The county attorney shall have all the powers and duties, and shall be subject to all the obligations and liabilities heretofore or hereafter lawfully granted or imposed by the county charter or acts amendatory thereto, by this code, by the county executive, by local law, by resolution of the county legislature or by any applicable provisions of any act of the legislature.
  2. The county attorney shall make an annual report at the close of each fiscal year, to the county executive and the county legislature, covering generally the work of his office.
  3. The county attorney may, within the limits of the appropriations provided therefor, employ special counsel, professional, technical or other consultant services and incur such expenses in connection therewith as he may deem necessary for the performances of his duties.
  4. The county attorney shall prepare annually a supplement to the county charter and administrative code which shall indicate all additions to, repeals and amendments of any section of the charter or code.

Section 6.03 Assistant county attorneys. The county attorney shall, within the appropriations provided therefor, have the power to appoint assistant county attorneys who shall perform such duties pertaining to the office as may be directed by the county attorney. Every appointment of an assistant county attorney shall be in writing and filed and recorded in the office of the county clerk. Any such appointment may be revoked by the county attorney at any time by filing a written revocation in the office of the county clerk. If more than one assistant county attorney shall be appointed, the county attorney shall designate in writing and file in the office of the county clerk, the county executive and the clerk of the county legislature the order in which such assistants shall exercise the powers and duties of the office in the event of a vacancy or the absence or inability of such county attorney to perform the duties of his office.

Section 6.04 Bond of county attorney. The county attorney and such of his assistants as the county legislature shall require shall each give a surety bond to the county in a sum fixed by the county legislature conditioned for the faithful performance of his duties, which bond shall be approved as to form by the district attorney and as to sufficiency of surety by the county executive and filed in the office of the county clerk.

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