Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1601
Marshals to continue in office; appointment of marshals; vacancies
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 16
§ 1601. Marshals to continue in office; appointment of marshals;
vacancies. 1. No more than eighty-three city marshals shall be appointed
by the mayor. Upon the expiration of the terms of office of the duly
appointed incumbents the mayor shall appoint their successors for terms
of five years. Every marshal shall be, at the time of his or her
appointment and during his or her term of office, a domiciliary of the
city of New York or of the county of Nassau, Westchester, Suffolk,
Orange, Rockland or Putnam, and his or her removal from the city or one
of such counties shall vacate his or her office. If a vacancy in the
office of a marshal shall occur otherwise than by the expiration of a
term the person appointed by the mayor to fill such vacancy shall hold
office for the unexpired term of the marshal whom he or she succeeds.

2. An independent committee on city marshals is hereby created. The
committee shall consist of fifteen members, of whom six shall be
selected by the mayor, three each shall be selected by the presiding
justices of the first and second judicial departments and three shall be
selected by the deans of law schools located within the city of New
York. Performance of this function shall be rotated annually among such
eligible deans. The members chosen by the mayor and the presiding
justices shall serve for a term concurrent with the mayor's term of
office. The members chosen by the law school deans shall serve one year.
Vacancies in the committee shall be filled in the same manner as initial
appointments.

3. The committee shall establish and publish criteria for the
appointment of marshals and shall recommend up to three qualified
persons meeting such criteria for each appointment to the office of city
marshal to be made by the mayor. In addition to any criteria established
by the committee, all persons to be recommended to the mayor shall be
required to provide to the department of investigation of the city of
New York or any successor agency thereto, information relating to their
background and financial resources in a form prescribed by such
department. All communications to the committee, and its proceedings and
all applications, correspondence, interviews, transcripts, reports and
all other papers, files and records of the committee shall be
confidential and shall be exempt from public disclosure.

4. No person shall be appointed to the office of city marshal except
upon the recommendation of the committee on city marshals. No person
shall be recommended to the mayor for appointment or reappointment as a
marshal unless (i) a report on such person's background has been
received by the committee from the department of investigation, and (ii)
in the case of a reappointment, the committee has reviewed his or her
record of performance in office and has determined it to be
satisfactory.

5. The mayor shall, by executive order, establish or authorize the
committee to establish such procedures to be followed by the committee
in its review and recommendation of candidates for the office of city
marshal as are consistent with the provisions of this article and as may
be necessary to effectuate its purposes.