2006 New York Code - Powers And Duties Of Town Clerk.



 
    §  30.  Powers  and duties of town clerk. The town clerk of each town:
  1. Shall have the custody of all the records, books and  papers  of  the
  town.  He  shall  attend  all  meetings  of the town board, act as clerk
  thereof, and keep a complete and accurate record of the  proceedings  of
  each  meeting, and of all propositions adopted pursuant to this chapter.
  Immediately after adoption he shall enter into a book to be known as the
  "ordinance book" a copy of every ordinance adopted by  the  town  board,
  specifying  the  date  of adoption thereof. In addition, he shall act as
  secretary of the board of commissioners of any improvement district when
  so designated by such board of commissioners. He shall keep  a  complete
  and  accurate  record  in his office as town clerk of all proceedings of
  every board of commissioners of improvement districts in said town.  The
  town  clerk  shall  record all deeds of conveyances in the office of the
  clerk of the county in which the property is located and thereafter file
  the same in the town clerk's office. The  cost  and  necessary  expenses
  incurred  in  the  recording  of such deeds in the county clerk's office
  shall be a town charge.
    1-a. Shall enter daily in a suitable book or books  a  record  of  all
  moneys received by him, and shall deposit all such moneys not later than
  the  third  business  day after the total thereof exceeds the sum of two
  hundred fifty dollars.
    2. He shall file all certificates or oaths and other  papers  required
  by law to be filed in his office.
    3.  He  or  she  shall  certify to the county clerk within twenty days
  after their appointment, the names  of  all  appointive  town  officers,
  except   inspectors  of  election,  with  their  respective  post-office
  addresses, the date of their  appointment  and  expiration  of  term  of
  office.  He  or  she shall also on or before the tenth day of January in
  each year, file a certificate with the department of audit  and  control
  specifying the names of all town officers, whether elected or appointed,
  excepting  inspectors of election, and file a certificate with the state
  board of real  property  services  specifying  the  names  of  all  town
  assessors,  with  their  respective  post-office  addresses, the date of
  their appointment or election and the expiration of term of office.
    4. Whenever a vacancy shall occur or exist in  any  town  office,  the
  town  clerk  shall  immediately notify the county clerk of such vacancy,
  specifying the name of the officer, the  office  in  which  the  vacancy
  occurred  and  the  date  when  the same became vacant. Within five days
  after such vacancy is filled, the town clerk shall file with the  county
  clerk and the department of audit and control and, if the vacancy was in
  the  office of assessor, with the state board of real property services,
  a certificate specifying the name and address of the person filling  the
  vacancy,  together  with the term for which elected or appointed. In the
  case of a person appointed to fill a  vacancy  in  the  office  of  town
  justice,  the  town  clerk  shall  file a duplicate certificate with the
  chief administrator of the courts. If a vacancy shall occur or exist  in
  the  office  of town clerk, the supervisor shall notify the county clerk
  of such vacancy and the date when such office became vacant.
    5. He shall deliver to the supervisor, before the  annual  meeting  of
  the board of supervisors of the county in each year, certified copies of
  all  propositions  adopted  by the town since the last annual meeting of
  the board of supervisors.
    6. At the expense of the town he shall procure and affix  on  or  near
  the  main  entrance to his office a sign-board with the name of the town
  followed by the words "town clerk's office" in plain characters  thereon
  with  sufficient  space  immediately below for posting thereon the legal
  notices of the town. Such sign-board shall be one of the  public  places
  upon which any legal notice may be posted.
    7.  He shall issue all licenses or permits, whenever and in the manner
  required by this chapter or by  any  other  law  and  collect  all  fees
  therefor, except as provided in section one hundred thirty-seven of this
  chapter.
    8-a.  Any town in the county of Ontario may, by resolution of the town
  board and upon agreement with the board of supervisors of  such  county,
  authorize  the  town  clerk  of  such  town  to provide for the care and
  protection of any road dedication books in  his  possession  by  placing
  them in the custody of the county clerk for filing and storage in a safe
  place and for such purpose the board of supervisors of Ontario county is
  hereby  authorized  to  make  such provision as may be necessary for the
  care and preservation of such road dedication books  in  the  office  of
  such county clerk.
    9.  Except  in  towns  where  the  office of town comptroller has been
  created the town clerk, when required by resolution of its  town  board,
  shall countersign all checks required to be signed by the supervisor.
    10.  The  town  clerk  of  each  town  may appoint not more than three
  deputies. Any such deputy shall  serve  without  compensation  from  the
  town, unless otherwise provided by the town board. Any such deputy shall
  have  such  powers  and  shall perform such duties as the town board may
  determine, not inconsistent with law. In the event that the  town  clerk
  is  absent or unable to act and there is no duly appointed and qualified
  deputy town clerk present and able to act, the town board may appoint as
  deputy town clerk any person other than a  member  of  the  town  board,
  provided,  however, that such person be qualified as provided in section
  three of the public  officers  law  and  section  twenty-three  of  this
  chapter.  If  the  town board shall provide compensation for such deputy
  town  clerk,  such  compensation  may  be  in  addition  to  any   other
  compensation  he  may  receive  as a town officer, town official or town
  employee. Such deputy town clerk shall hold office at  the  pleasure  of
  the  town  board  and  in  no event for longer than the duration of such
  absence or incapacity of the town clerk.
    10-a. Where a town has not established the office of receiver of taxes
  and assessments, the town clerk shall  collect  water  rates  and  sewer
  rents  unless  the town board has designated another officer or employee
  to make such collections.
    11. The town clerk shall have such additional powers and perform  such
  additional  duties  as are or hereafter may be conferred or imposed upon
  him by law, and such further duties as the town board may determine, not
  inconsistent with law.

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