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This entry was published on 2014-09-22
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SECTION 187
Clerk
Second Class Cities (SCC) CHAPTER 53, ARTICLE 12
§ 187. Clerk. The police justice shall have a clerk of the court, who
shall be the confidential appointee of said justice, and who shall have
the power to take informations upon which warrants for the arrest of
persons charged with the commission of crimes may be issued by said
justice. The clerk shall also have the power to issue and sign
subpoenas, to administer oaths to witnesses, to make and sign
executions, commitments and certificates of conviction and to certify to
and sign copies thereof for the execution of any judgment rendered in
police court, as police justice or as a court of special sessions. The
clerk of the court shall receive all penalties and other moneys or fees
payable in such court, and shall pay the same into the city treasury
once in each week, and shall file with the comptroller, monthly, an
itemized statement of the same. The said justice shall have such other
clerical assistance as the board of estimate and apportionment may
prescribe; and, if said board creates the office of deputy clerk, then
said deputy clerk shall have the same powers as the clerk of the court.
All clerks appointed by the justice shall serve during his pleasure.
Said appointments shall be in writing and filed with the clerk of the
county in which the city is located and with the city clerk. Said clerk
and deputy, if any, before entering upon the discharge of the duties of
their respective offices shall each execute and file with the city clerk
an official undertaking in such penal sum as may be prescribed by the
common council. The police justice may appoint, and at pleasure remove,
a police court attendant, who shall perform such services as may be
required of him by the police justice and shall be subject to the order
and control of said justice and of no other person. He shall be in the
exempt class of the civil service, and shall receive such salary as
shall be fixed by the board of estimate and apportionment. The police
justice may appoint a member of the police department to said position,
and in such case said appointee shall be paid upon the certificate of
the police justice from the same fund as other police officers, and when
he shall retire from office he shall be reassigned to duty by the chief
of police to the rank from which he came.