Section 1-1:Section 1: THE MARSHAL'S OFFICE
Section 1-1: Office Hours
The position of city marshal is full time and, thus, each marshal must maintain regular office hours of at least eight (8) hours every business day. These hours must be posted in a prominent location at the entrance to the marshal's office.
Each marshal is required to inform the Department of his or her business address, regular office hours, and business telephone number(s). Marshals are also required to notify the Department of any changes in this information.
When a marshal closes his or her office to the public before 5:00 p.m. on any day, Monday through Friday, which day is not a legal public holiday as defined by the General Construction Law, the marshal may not enforce any warrants of eviction on the next succeeding business day. Additionally, absent an unavoidable emergency, marshals are required to notify the Department, in writing, at least twenty‑four (24) hours in advance of their intention to close their office to the public for any period of time during business hours. When an unavoidable emergency requires the marshal to close his or her office, the marshal must notify the Department of Investigation by telephone or facsimile transmission as soon as practicable.
Return to top
Section 1-2: Lawful Occupancy Only
A marshal's office must be located only in a premises where such occupancy is lawful pursuant to the Administrative Code of the City of New York, the building code, and the Rules and Regulations of the City of New York. A marshal must maintain in his records a true and accurate copy of the certificate of occupancy, permit, or other document that establishes the lawful occupancy, and must produce such documentation for inspection when requested by the Department of Investigation.
Return to top
Section 1-3: Marshal's Office Public
A marshal's office must be accessible to all persons who have or may conduct business with the marshal and must be clearly identified by a sign visible to the public. Persons who appear at the office during regular office hours to conduct business must be admitted, and the marshal must provide a suitable area within his or her office for such persons to conduct their business. The public area must be maintained in a clean and orderly condition befitting the marshal's position as a public officer.
Return to top
Section 1-4: Sign; Complaints
Marshals are required to place, in a conspicuous and public area of their offices, a cardboard sign, provided by the Department of Investigation, which states that marshals are supervised by the Department of Investigation and which also lists a phone number for complaints. Such sign shall be displayed in its original form and shall not be reproduced in a smaller format.
Return to top
Section 1-5: Telephone Listings
A marshal must maintain a published telephone number at his or her office and provide his or her telephone numbers and fax numbers to the Department. When arranging for a listing in any public telephone directory, the marshal shall include “City marshal.” The listing shall not state that the marshal specializes in executing any particular type of court mandate.
The Department of Investigation must be notified in advance when a marshal changes telephone or fax numbers.
Return to Top
Section 1-6: Advertising for Business
Marshals are not prohibited from advertising their services, but may not have signs or use words that indicate that specialty work is done. For example, a marshal may not state that he or she specializes in “landlord and tenant” or “dispossess” matters.
Section 1-7: Stationery and Office Forms
All letterhead and other papers used by marshals in furtherance of official business must have the name, address, telephone number, and badge number of the marshal printed on it. Additionally, all mailing envelopes, except where the service requirements of the Civil Practice Law and Rules require plain envelopes, should bear a return address, to ensure that undelivered mail will be returned directly to the marshal's office.
A city marshal shall not use the seal of the City of New York on any correspondence, form, record, business card, or other document while carrying out his or her official duties except under the following circumstances:
- when imprinted on such documents as an integral part of a representation of the marshal's official badge; or
- when imprinted on such documents and the marshal's name, address, and badge number appear next to or below the seal; and
- the words “City of New York” are not imprinted above, next to, or below the seal except when immediately preceded, in the same size and style, by the word “Marshal;” and
- nothing in the layout or design of the document suggests that it is prepared or issued by an agency of the City of New York.
The official design of the City seal is attached as an appendix to this Handbook.
A city marshal may not use a signature stamp in place of the marshal’s original signature on any form or document that the marshal is required to submit to the Department of Investigation.
Return to Top
Section 1-8: Badge and Identification
Section 1602 of the New York City Civil Court Act requires each marshal to wear his badge “at all times while engaged in the discharge of his official duties.” This statute also requires every marshal to display his badge upon demand. A violation of the statute is a misdemeanor. Accordingly, to comply with the law, and to ensure the safety of the marshal and the general public, all marshals are required to wear their badges conspicuously during the performance of any official act.
A marshal may not carry out official duties without having first been issued a badge and identification (ID) card. If one or both of these items are lost or stolen, the Department of Investigation and the local police precinct must be notified immediately. The cost of the original and replacement badge shall be borne by the marshal.
As required by the above-cited statute, a marshal shall not perform any official act unless the marshal possesses his or her badge. A marshal who has lost that badge may request in writing from the Department of Investigation authorization to obtain and use a replacement badge temporarily until the marshal obtains a permanent replacement. Before authorizing the marshal's use of a temporary badge, the Department of Investigation will ordinarily require an explanation of the circumstances under which the marshal's badge was lost and whether the loss was reported promptly. When the marshal obtains his or her permanent replacement badge the marshal must notify the Department of Investigation in writing and surrender the temporary badge to the Department.
A marshal is permitted to possess only one badge. No extra badges or miniature badges are permitted. The above-cited statute requires every marshal to surrender his or her badge to the City Clerk forthwith upon vacating office for any reason. City marshals leaving office should surrender their badges immediately to the Department of Investigation, and the Department will turn them over to the City Clerk's office. See Chapter X, § 4, Termination of Office Procedure. A marshal's failure to surrender his or her badge as required by the statute is a misdemeanor.
A marshal is not authorized to place badges, insignia, or other emblems on the marshal’s automobile indicating he or she is a city marshal.
Return to top
Section 1-9: Employee Data
Each city marshal shall provide to the Department of Investigation the following information regarding every employee, within one month of hire:
- full name (last, first, middle initial);
- social security number;
- date of birth;
- home address;
- home telephone number;
- individual's signature, and;
- recent (within six months) passport size photograph.
If directed by the Commissioner or his or her designee, a city marshal shall require any independent contractor or agent to provide the same information described above for any individual employed by that contractor or agent to assist a city marshal in the performance of any official act, or in the completion or maintenance of any record or document, including a computer record, that reflects the marshal's official activities, or any fees and sums received by the marshal therefor, the expenses of the marshal in connection with the performance of the marshal’s official duties or his or her gross and net income as a marshal.
The Department of Investigation may require additional information regarding a marshal's employees, independent contractors or agents, including but not limited to licenses held by such individuals and information concerning their education and experience.
Section 1-10: Unusual Incident Reports
Marshals are required to report to the Department of Investigation all unusual incidents encountered in the course of performing their official duties, including but not limited to incidents requiring significant police intervention. Such incidents may include, but are not limited to, arrests, assaults, physical injuries and/or the discovery of contraband such as drugs or weapons, or individuals who need medical or social service assistance, in the course of towing a vehicle or performing an eviction or meter seizure. Such incidents shall also include errors made by the marshal, such as seizing the wrong vehicle or property or entering premises other than those specified in the warrant or order the marshal was attempting to execute.
Before leaving the scene, the marshal should report the incident to the Department and ensure that an incident report on the form provided by the Department is completed and submitted to the Department by facsimile or electronically within two hours.
Return to top
Section 2: LEGAL PROCEEDINGS
Section 2-1: Department Of Investigation Notification of Service of Legal Process upon a Marshal
In connection with any legal action or proceeding to which a marshal is a party (plaintiff, defendant, joined or impleaded party, etc.) in his or her official capacity, the Department of Investigation must be supplied with the following information within ten (10) days after the marshal becomes aware of the action:title of action;
- title of action;
- index number;
- name of court and county;
- names of all parties to the action; and
- a copy of the complaint.
If the marshal is named as a defendant in a civil action arising out of a Parking Violation Bureau execution or demand, the marshal must supply the Department of Investigation with the information specified above and must forward copies of all papers served upon him or her to the Special Counsel for Parking Violations Operations at the Department of Finance and to the Corporation Counsel of the City of New York. (See Chapter II, § 10-6.)
Return to top
Section 2-2: Department Of Investigation Notification of Service of Subpoena on a Marshal
A city marshal must notify the Department of Investigation within two hours on a business day, or by 11:00 a.m. the next business day if the occurrence is on a weekend or holiday, after the marshal learns of service of a subpoena upon the marshal, or his or her employees, regarding any official duties.
Section 3: NOTARIES
Any person whose signature is notarized must execute such signature in the presence of the notary. Each notary in the marshal's office must comply with this requirement.
Additionally, each notary must keep and maintain, for a period of not less than three (3) years, records of each affidavit of service of process and "non-military" affidavit sworn to before and notarized by him. The records must contain the following information:
- name and address of notary;
- name and address of affiant;
- date of affidavit;
- title of action or proceeding and name of court in which it is brought or pending; and
- name and address of person upon whom process was served, or who was questioned concerning military status, and the date of service or the date of the interview upon which the non-military affidavit was based.
In place of the above, conformed copies of all such affidavits may be retained by the notary.
Return to Top
Section 4: TERMINATION OF OFFICE PROCEDURE
Prior to vacating the office of city marshal for any reason, a marshal is required to prepare a final report of his or her official acts (see Chapter XIII, § 3). A marshal's resignation is governed by the Joint Administrative Orders of the Appellate Divisions for the First and Second Departments and this Handbook. The specific requirements found therein supersede the general requirements contained in § 31 of the Public Officers Law.
A marshal resigning from office must tender a letter of resignation to the Commissioner of Investigation or his or her representative. Furthermore, a marshal who is vacating his or her office for any reason must surrender his marshal's identification card and badge to an authorized member of the Department of Investigation.
Upon vacating office for any reason a city marshal must deliver his or her books and records, including electronic records, to the Department of Investigation. See § 6-5 of Chapter XII for details on the proper procedures to be followed when delivering records to the Department upon termination of office.