2006 New York Code - Compensation Of Town Officers And Employees.

 
    §  27.  Compensation of town officers and employees. 1. The town board
  of each town shall fix, from time to time, the salaries of all  officers
  and  employees of said town, whether elected or appointed, and determine
  when the same shall be  payable.  The  town  board  shall  not  fix  the
  salaries  of  the members of the town board, an elected town clerk or an
  elected town superintendent of highways at an amount in  excess  of  the
  amounts   respectively  specified  in  the  notice  of  hearing  on  the
  preliminary budget published pursuant to section one  hundred  eight  of
  this chapter. However, the annual salary of any such elected officer may
  be increased, for not more than one fiscal year, in excess of the amount
  specified  in  the notice of hearing on the preliminary budget local law
  adopted pursuant to the municipal home rule law. Salaries  shall  be  in
  lieu  of  all fees, charges or compensation for all services rendered to
  the town or any district or subdivision thereof, pursuant to law, except
  that the supervisor shall not be required to account for  and  pay  over
  such  fees,  salary  or  other  compensation  that  he may receive or be
  entitled to from the  county  in  which  he  is  elected,  for  services
  rendered by him as a member of the board of supervisors. No town officer
  or  employee  shall  retain  any  fees  or  moneys  received  by  him in
  connection with his office but such fees or money shall be the  property
  of  the  town and be paid to the supervisor not later than the fifteenth
  day of each month following the receipt thereof, excepting such fees and
  moneys the application and payment of which are otherwise  provided  for
  by  law.    Every  officer or employee, except a town justice, is hereby
  required to submit monthly to the supervisor a verified statement of all
  moneys received by him and to pay such  moneys  to  the  supervisor  who
  shall  deliver  his receipt therefor. Unless such verified statement and
  payment be made, such officer or employee shall not be paid any  further
  portion  of his salary until a report be submitted of any moneys paid as
  herein provided. The said provisions shall  not  affect  a  receiver  of
  taxes  and  assessments who deposits the money collected directly to the
  credit of the supervisor and whose monthly report  is  equivalent  to  a
  receipt  from  the  supervisor. Provisions of this subdivision shall not
  preclude  the  town  from  hiring  laborers,  clerical  assistants   and
  stenographers,  and  compensating  them  upon the hourly or daily basis.
  Notwithstanding any provision of the penal law, the civil  practice  law
  and rules, the criminal procedure law, the uniform justice court act, or
  any   other  general,  special  or  local  law,  no  policeman,  special
  policeman, police officer or constable of any such town shall retain for
  his own use fees, per diem or other compensation received  by  him  from
  the  state,  the  county,  or  any  other  municipality,  or  a  private
  corporation or a person, in or for the performance of the duties of  his
  office,  whether  such  duties  be  of  an  administrative, legislative,
  judicial or other nature, but all such fees and moneys  so  received  by
  him  shall  be the property of the town of which he is an officer and be
  paid to the supervisor not later than the fifteenth day  of  each  month
  following  the receipt thereof. No town justice of any town shall retain
  for his own use fees, per diem or other  compensation  received  by  him
  from  the  state,  the  county,  or  any other municipality or a private
  corporation or a person, in or for the performance of the duties of  his
  office,  whether  such  duties  be  of  an  administrative, legislative,
  judicial, or other nature, but all such  fees  and  moneys  so  received
  shall,  unless otherwise provided by law, be the property of the town of
  which he is an officer and shall be paid by such justice  to  the  state
  comptroller within the first ten days of the month following collection.
  Each  such payment shall be accompanied by a true and complete report in
  such form and detail as the comptroller shall prescribe.  In  the  event
  that  a  justice  shall  not receive any such fees and moneys during any
  month he shall report this fact to  the  state  comptroller  within  the
  first ten days of the succeeding month.  Upon receipt of notice from the
  state  comptroller  that a justice has not properly reported or properly
  accounted  for any moneys received by such justice, it shall be unlawful
  for the town to make any further payment of compensation to such justice
  until receipt of a notice from the comptroller that a proper  accounting
  has  been  made. In all towns the salaries of all town justices shall be
  equal except that the town board may determine by a majority vote to pay
  salaries in different amounts. Fees  payable  by  virtue  of  the  civil
  practice  law and rules and section sixty-eight-a of the public officers
  law, for taking oaths and acknowledgment, shall not be deemed to be fees
  within the meaning of this section, but may be retained, or the  payment
  thereof waived, by the officer taking the same.
    2.  Inspectors  of  election,  ballot clerks, poll clerks and election
  coordinators shall receive such an amount per day for their services  on
  days  of registration, election and primary elections, as the town board
  may determine  by  resolution.  Such  election  officers  shall  receive
  compensation  for  one  day only for all services rendered on the day of
  election and in canvassing the votes thereafter, and in  completing  the
  returns, of either an election or of a primary election.
    3.  Notwithstanding the provisions of subdivision one of this section,
  the town board of any town which shall not  have  established  a  police
  department,  may adopt a resolution determining that the police officers
  of such town, including  special  policemen  and  constables,  shall  be
  compensated  by  annual  salary or by the week, day or hour for services
  actually and necessarily performed by them in  all  matters  other  than
  civil  actions  and  proceedings, and that such police officers shall be
  entitled to collect and retain for their own  use,  the  fees,  mileage,
  poundage  and  other  compensation  allowed by law for services in civil
  actions and proceedings.
    4. Notwithstanding the provisions of subdivision one of this  section,
  the budget officer may receive, in addition to any other compensation, a
  salary as budget officer to be fixed by the town board.