§ 30 — Powers and duties of town clerk

New York § 30

• Jurisdiction: New York
• Law TWN: Town
• Art. 3: Town Officers, Powers, Duties and Compensation

Text

§ 30. Powers and duties of town clerk. The town clerk of each town: 1.\nShall have the custody of all the records, books and papers of the town.\nHe shall attend all meetings of the town board, act as clerk thereof,\nand keep a complete and accurate record of the proceedings of each\nmeeting, and of all propositions adopted pursuant to this chapter.\nImmediately after adoption he shall enter into a book to be known as the\n"ordinance book" a copy of every ordinance adopted by the town board,\nspecifying the date of adoption thereof. In addition, he shall act as\nsecretary of the board of commissioners of any improvement district when\nso designated by such board of commissioners. He shall keep a complete\nand accurate record in his office as town clerk of all proceedings of\nevery board of commissioners of improvement districts in said town. The\ntown clerk shall record all deeds of conveyances in the office of the\nclerk of the county in which the property is located and thereafter file\nthe same in the town clerk's office. The cost and necessary expenses\nincurred in the recording of such deeds in the county clerk's office\nshall be a town charge.\n 1-a. Shall enter daily in a suitable book or books a record of all\nmoneys received by him, and shall deposit all such moneys not later than\nthe third business day after the total thereof exceeds the sum of two\nhundred fifty dollars.\n 2. He shall file all certificates or oaths and other papers required\nby law to be filed in his office.\n 3. He or she shall certify to the county clerk within twenty days\nafter their appointment, the names of all appointive town officers,\nexcept inspectors of election, with their respective post-office\naddresses, the date of their appointment and expiration of term of\noffice. He or she shall also on or before the tenth day of January in\neach year, file a certificate with the department of audit and control\nspecifying the names of all town officers, whether elected or appointed,\nexcepting inspectors of election, and file a certificate with the\ncommissioner of taxation and finance specifying the names of all town\nassessors, with their respective post-office addresses, the date of\ntheir appointment or election and the expiration of term of office.\n 4. Whenever a vacancy shall occur or exist in any town office, the\ntown clerk shall immediately notify the county clerk of such vacancy,\nspecifying the name of the officer, the office in which the vacancy\noccurred and the date when the same became vacant. Within five days\nafter such vacancy is filled, the town clerk shall file with the county\nclerk and the department of audit and control and, if the vacancy was in\nthe office of assessor, with the commissioner of taxation and finance, a\ncertificate specifying the name and address of the person filling the\nvacancy, together with the term for which elected or appointed. In the\ncase of a person appointed to fill a vacancy in the office of town\njustice, the town clerk shall file a duplicate certificate with the\nchief administrator of the courts. If a vacancy shall occur or exist in\nthe office of town clerk, the supervisor shall notify the county clerk\nof such vacancy and the date when such office became vacant.\n 5. He shall deliver to the supervisor, before the annual meeting of\nthe board of supervisors of the county in each year, certified copies of\nall propositions adopted by the town since the last annual meeting of\nthe board of supervisors.\n 6. At the expense of the town he or she shall procure and affix on or\nnear the main entrance to his or her office a sign-board with the name\nof the town followed by the words "town clerk's office" in plain\ncharacters thereon with sufficient space immediately below for posting\nthereon the legal notices of the town. Such sign-board and, in any town\nthat maintains a regularly and routinely updated website and utilizes a\nhigh speed internet connection, an electronic version of such sign-board\nshall be one of the public places upon which any legal notice may be\nposted. Towns which maintain a regularly and routinely updated website\nand utilizes a high speed internet connection shall, to the extent\npracticable, maintain an electronic version of such sign-board and shall\npost a link to the electronic version of the sign-board on its homepage.\nAn electronic version of such sign-board shall include a town website\npage designed or intended to provide electronic access to public\nnotices. A town shall not be required to maintain an electronic\nsign-board pursuant to this subdivision should the town incur additional\ncosts in order to comply.\n 7. He shall issue all licenses or permits, whenever and in the manner\nrequired by this chapter or by any other law and collect all fees\ntherefor, except as provided in section one hundred thirty-seven of this\nchapter.\n 8-a. Any town in the county of Ontario may, by resolution of the town\nboard and upon agreement with the board of supervisors of such county,\nauthorize the town clerk of such town to provide for the care and\nprotection of any road dedication books in his possession by placing\nthem in the custody of the county clerk for filing and storage in a safe\nplace and for such purpose the board of supervisors of Ontario county is\nhereby authorized to make such provision as may be necessary for the\ncare and preservation of such road dedication books in the office of\nsuch county clerk.\n 9. Except in towns where the office of town comptroller has been\ncreated the town clerk, when required by resolution of its town board,\nshall countersign all checks required to be signed by the supervisor.\n 10. (a) The town clerk may appoint, and at his or her pleasure remove,\na first deputy town clerk, who shall serve without compensation from the\ntown unless otherwise provided by the town board. Such compensation may\nbe in addition to any other compensation he or she may receive as a town\nofficer, town official or town employee. The town clerk shall establish\nthe duties and responsibilities of the first deputy town clerk and such\nfirst deputy town clerk shall possess the powers and perform the duties\nof the town clerk during the absence or inability to act of the town\nclerk, or during a vacancy in the office of town clerk. Before he or she\nshall perform any function as such, the first deputy town clerk shall\ntake and file the constitutional oath of office and execute and file an\nofficial undertaking in the manner prescribed in section twenty-five of\nthis article.\n In addition, the town clerk may appoint, and at his or her pleasure\nremove, up to two additional deputy town clerks whose duties and\nresponsibilities shall be established by the town board. The town board,\nin its discretion, may delegate to the town clerk the authority to\nestablish the duties of the additional deputy town clerks. Any such\nadditional deputy town clerks shall serve without compensation from the\ntown, unless otherwise provided by the town board. Such compensation may\nbe in addition to any other compensation he or she may receive as a town\nofficer, town official or town employee. Before he or she shall perform\nany function as such, the additional deputy town clerk shall take and\nfile the constitutional oath of office and if required by the town\nboard, execute and file an official undertaking in the manner prescribed\nin section twenty-five of this article.\n (b) In the event that the town clerk is absent or unable to act and\nthere is no duly appointed and qualified first deputy town clerk present\nand able to act, the town board may appoint as deputy town clerk any\nperson other than a member of the town board; provided, however, that\nsuch person be qualified as provided in section three of the public\nofficers law and section twenty-three of this article. If the town board\nshall provide compensation for such deputy town clerk, such compensation\nmay be in addition to any other compensation he or she may receive as a\ntown officer, town official or town employee. Such deputy town clerk\nshall hold office at the pleasure of the town board and in no event for\nlonger than the duration of such absence or incapacity of the town\nclerk.\n 10-a. Where a town has not established the office of receiver of taxes\nand assessments, the town clerk shall collect water rates and sewer\nrents unless the town board has designated another officer or employee\nto make such collections.\n 11. The town clerk shall have such additional powers and perform such\nadditional duties as are or hereafter may be conferred or imposed upon\nhim by law, and such further duties as the town board may determine, not\ninconsistent with law.\n