Within 30 days after any person shall have received from the
City Clerk written notice of his election or appointment to any office
provided for in this Charter, he shall take the constitutional oath
of office, and shall file same with the Clerk, together with the bond,
if any, required of him by the provision of this Charter. In case
of his failure to take and file such oath and make and file such bond,
if any required, within the time prescribed, the office to which he
was elected or appointed shall be vacant.
A.
All City employees shall be covered with a minimum bond of $25,000,
except the City Treasurer and his employees, who shall have a minimum
bond of $100,000.
[Amended 4-21-1981 by L.L. No. 4-1981; 4-20-2004 by L.L. No. 3-2004]
B.
Each bond required by this section shall be conditioned for the faithful
performance of the duties of his office by the officer filing such
bond.
C.
Each of the bonds required by this section shall be approved, as
to form and the sufficiency of sureties, by a Justice of the Supreme
Court, the County Judge of Columbia County, the City Judge and/or
the Legal Advisor, and when so approved shall be filed in the office
of the City Clerk.
All bonds heretofore given by any officer of the City of Hudson
pursuant to law shall continue valid hereunder, and shall be a compliance,
pro tanto, with the provisions of this article. Within 20 days after
this Charter takes effect, the City Clerk shall take from each surety
on each bond of an officer of the City his or its consent in writing,
duly acknowledged or proved as a deed to be recorded in the office
of the Clerk of Columbia County, to the effect that such bond shall
continue an obligation binding on the surety thereof with the same
force and effect under this Charter as if such bond were given pursuant
to the provisions hereof. Upon the failure of any surety to execute
and deliver to the Clerk such a consent, within the time prescribed,
the Common Council shall require a new bond in place of the one whose
surety shall fail to give said consent.
The Common Council may, by resolution, for cause shown, require
any officer who shall file a bond under the provisions of this article
to file a new bond at any time, and in case he shall fail to comply
with the resolution within 10 days after written notice thereof and
a certified copy of the resolution have been served upon him personally
or by leaving such notice at his residence with a person of suitable
age and discretion, the Common Council may declare vacant the office
to which he was elected or appointed, whereupon such office shall
be vacant.
In addition to the officers who are specifically required by
this Charter to furnish bonds, the Common Council may require any
appointive officer, or any person who is or may be employed by it,
or by the Mayor, to furnish a bond in such an amount as the Common
Council may require, and with such sureties as it may approve, conditioned
for the faithful discharge of his duties. The Common Council may,
whenever it may deem proper, require additional or further security
of any such officer or person after the giving of the bond first mentioned.
Whenever by any provision of this Charter an officer or a member
of a board or commission of the City is required to furnish a bond,
no other officer nor member of any board or commission of the City
shall be a surety upon such bond.
A cause of action shall arise in favor of the City, and the
City may sue and recover, upon any breach of any bond required or
authorized by the provisions of this Charter.
