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New York Consolidated Laws

N.Y. County Law § 201 (2026)

Compensation of officers

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 201. Compensation of officers. Notwithstanding the provisions of any
general law other than this chapter or of any special law to the
contrary, each board of supervisors shall fix the salary of all officers
paid from county funds, except the members of the judiciary. Such salary
shall be in lieu of all fees, percentages, emoluments or other forms of
compensation payable for services rendered in the performance of the
powers and duties of the office; provided however, that any such officer
(1) required by law to reside at a county institution or (2) authorized
by resolution of the board of supervisors, may be furnished maintenance
or any part thereof at a county institution. Such maintenance furnished
on or after the first day of January, nineteen hundred fifty-five shall
be defined and the fair value thereof determined by resolution of the
board and the amount so determined shall constitute part of the salary
fixed for any such officer.
  All fees, percentages, emoluments or other compensation received by
any such officer by virtue of his office from whatever source shall
belong to the county and be paid into the county treasury monthly on or
before the tenth day of the month. Each such deposit shall be
accompanied by a statement in summary form of the sums so paid. The
salary of any such officer elected or appointed for a fixed term shall
not be increased or diminished during the term of his office, except as
the same may be increased as provided in paragraph h of subdivision two
of section twenty-four of the municipal home rule law, and except as the
same may be increased in accordance with a schedule providing higher
rates of compensation through additional increments of salary based on
time service. No new or amended schedule applicable to any such officer
shall be enacted during the term of his office, except as provided in
paragraph h of subdivision two of section twenty-four of the municipal
home rule law. This chapter shall not authorize any increase or decrease
in compensation prohibited by section twelve of article thirteen of the
state constitution. The compensation of a county officer appointed for
an indefinite term may be increased or diminished at any time. The
compensation of a coroner, coroner's physician or medical examiner may
be fixed at an annual salary or upon a per diem basis. Where coroners
are compensated upon an annual salary basis, the salary of each shall be
in the same amount except that the board of supervisors may determine by
majority vote to pay annual salaries in different amounts and in such
cases the salaries may be fixed accordingly.
  This section shall not apply to the compensation of the members or of
the chairman of the board of supervisors.
Notes of Decisions
Cited in 6 cases, 1987–1998 · leading case: Nichols v. Cnty. of Rensselaer, 129 A.D.2d 167 (N.Y. App. Div. 3d Dep't 1987).
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Nichols v. Cnty. of Rensselaer, 129 A.D.2d 167 (N.Y. App. Div. 3d Dep't 1987). “This contention must be rejected as the county’s participation as a coemployer and provider of funds for the Sheriff’s Department is a responsibility imposed by statute (see, County Law §§ 201, 205, 652) and not an indication of the county’s willingness to waive its immunity for…”
Blass v. Cuomo, 145 Misc. 2d 670 (N.Y. Sup. Ct. 1989). “…clerk which, of course, is in lieu of all fees, percentages, emoluments, or other compensation for services rendered (County Law § 201). County Law §§ 525-533 specify in detail the various powers and duties of the County Clerk. For instance, the County Clerk is the Clerk of…”
Smith v. Buono, 149 Misc. 2d 979 (N.Y. Sup. Ct. 1991). · cites it 4× “This same limitation is carried over in section 2.07 (8) of the Rensselaer County Charter.”
Smith v. Buono, 185 A.D.2d 559 (N.Y. App. Div. 3d Dep't 1992). · cites it 2× “Clearly, the salary of a county executive may be increased during his or her term of office only by a local law subject to referendum on petition (see, County Law § 201; Municipal Home Rule Law § 24 [2] [h]).”
Scriber v. Cnty. of Oswego, 251 A.D.2d 969 (N.Y. App. Div. 4th Dep't 1998). “Consequently, petitioner’s term had commenced when the Legislature attempted to fix petitioner’s salary at an amount lower than that appropriated for the position in the 1997 budget, in contravention of County Law § 201. We therefore grant the petition in part and direct…”
Mallery v. Bd. of Supervisors, 147 Misc. 2d 521 (N.Y. Sup. Ct. 1990). “Here, Public Officers Law § 4 (1) and County Law § 201 shall be construed as meaning that the term of a District Attorney commences on January 1 of the year following his or her election for purposes of determining what the salary for the position is.”
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