§ 2-08 Professional Conduct.
RCNY § 2-08
(a)General. A Commissioner of Deeds is a public officer, and is so regarded under the laws of the State of New York. As such, a high standard of professional conduct is required and expected of each individual having an appointment as a Commissioner of Deeds. Moreover, the care with which a Commissioner of Deeds performs her duties can often be the only thing that ensures the integrity of a particular document. In performing the functions of his or her office, a Commissioner of Deeds must: (1) take an acknowledgement or proof, or administer an oath, only when the individual is personally present (taking proofs or acknowledgements, or administering oaths, over the telephone or otherwise is absolutely illegal); (2) always satisfy himself as to the true identity of the individual giving the acknowledgement or taking an oath; and (3) always follow the appropriate forms when administering oaths, issuing certificates, etc. In addition to the prohibition against the careless performance of the duties of the office of Commissioner of Deeds, there are strict legal proscriptions against the deliberate abuse of the office: (b) Official misconduct. A public servant is guilty of official misconduct when, with intent to obtain a benefit or to injure or deprive another person of a benefit: (1) he commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or (2) he knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office. Official misconduct is a Class A misdemeanor. (NYS Penal Law § 195.00.) (c) Issuing a false certificate. (Falsely stating that someone took an oath or gave an acknowledgement of proof.) A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information. Issuing a false certificate is a Class E felony. (NYS Penal Law § 175.40.) (d) Forgery in the second degree. A person is guilty of forgery in the second degree when, with intent to defraud, deceive, or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: (1) a deed, will codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate or otherwise effect a legal right, interest, obligation or status; or (2) a public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or (3) a written instrument officially issued or created by a public office, public servant or governmental instrumentality. Forgery in the second degree is a Class D felony. (NYS Penal Law § 170.10.) (e) Fees. A public officer or other person who charges a fee for his service which is greater than the amount allowed by statute, or which charges a fee for services that were not actually rendered, is liable, in addition to the punishment prescribed by law for the criminal offense, to an action on behalf of the person aggrieved, in which the plaintiff is entitled to treble damages. (Outline of NYS Pub. Off. Law § (f) Fraud in office. A Commissioner of Deeds who, in the exercise of the powers, or in the performance of the duties of such office, shall practice any fraud or deceit, the punishment for which is not otherwise provided for by this act, shall be guilty of a misdemeanor. (NYS Exec. Law § 135-a(2).) (g) Acting without authority. Anyone who holds himself out to the public as being entitled to act as a Commissioner of Deeds or conveys the impression that he is a Commissioner of Deeds, without having been appointed a Commissioner of Deeds, is guilty of a misdemeanor. (NYS Exec. Law § 135-a(1).) (h) Penalties. In addition to the criminal and civil penalties outlined above, any kind of misconduct in office by a Commissioner of Deeds is punishable by removal from office. Section 140 of the New York State Executive Law vests the Office of the Mayor with the power to remove a Commissioner of Deeds from office for cause shown. Commissioners have the right to answer charges brought against them. (NYS Exec. Law § 140(12).) Removal from office as a Commissioner of Deeds of the City of New York disqualifies an individual from ever again being appointed to that office. In addition, that individual is disqualified from becoming a Notary Public. Anyone removed from office as a Commissioner of Deeds who, after learning of such removal, continues to perform the functions of that office, shall be guilty of a misdemeanor.
