The Suffolk County district attorney and his top corruption prosecutor have refused to step down from their posts — despite being indicted on federal corruption charges.

Thomas Spota announced last week that he would resign “at the earliest opportunity” after he was charged with corruption for allegedly helping cover up an assault by the county’s former police chief.

But despite the bombshell charges, Spota and his assistant district attorney Christopher McPartland, who oversees the Government Corruption Bureau, are continuing to run the Suffolk County DA’s office.

“Every day that they remain in that office they are undermining the work that is happening every day in those courtrooms,” said County Executive Steven Bellone.

“Prosecutors step into that courtroom and they are speaking with the authority and power of the elected district attorney and he is now charged with corruption.”

Bellone demanded in a letter sent Thursday that the county legislature terminate McPartland immediately if he does not give up his power. Since Spota is elected, Bellone cannot force him out.

Robert Clifford, spokesman for the district attorney insisted that Chief Assistant Emily Constant “has assumed all responsibilities for prosecutorial decision-making.”

“Mr. Spota is resolving administrative matters relating his retirement and the Governor’s office has been notified of his decision to retire,” he said. “Mr. McPartland was reassigned to administrative duties unrelated to his former supervisory role in the office.”

They have pleaded not guilty, and county Democratic Chief Rich Schaffer is standing behind them.

“It’s an accusation,” he said of Spota. “He’s not pled guilt to anything.”