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
commissioner of taxation and finance 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 commissioner of taxation and finance, 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. Repealed.
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. (a) The town clerk may appoint, and at his or her pleasure
remove, a first deputy town clerk, who shall serve without compensation
from the town unless otherwise provided by the town board. Such
compensation may be in addition to any other compensation he or she may
receive as a town officer, town official or town employee. The town
clerk shall establish the duties and responsibilities of the first
deputy town clerk and such first deputy town clerk shall possess the
powers and perform the duties of the town clerk during the absence or
inability to act of the town clerk, or during a vacancy in the office of
town clerk. Before he or she shall perform any function as such, the
first deputy town clerk shall take and file the constitutional oath of
office and execute and file an official undertaking in the manner
prescribed in section twenty-five of this article.
In addition, the town clerk may appoint, and at his or her pleasure remove, up to two additional deputy town clerks whose duties and responsibilities shall be established by the town board. The town board, in its discretion, may delegate to the town clerk the authority to establish the duties of the additional deputy town clerks. Any such additional deputy town clerks shall serve without compensation from the town, unless otherwise provided by the town board. Such compensation may be in addition to any other compensation he or she may receive as a town officer, town official or town employee. Before he or she shall perform any function as such, the additional deputy town clerk shall take and file the constitutional oath of office and if required by the town board, execute and file an official undertaking in the manner prescribed in section twenty-five of this article.
In addition, the town clerk may appoint, and at his or her pleasure remove, up to two additional deputy town clerks whose duties and responsibilities shall be established by the town board. The town board, in its discretion, may delegate to the town clerk the authority to establish the duties of the additional deputy town clerks. Any such additional deputy town clerks shall serve without compensation from the town, unless otherwise provided by the town board. Such compensation may be in addition to any other compensation he or she may receive as a town officer, town official or town employee. Before he or she shall perform any function as such, the additional deputy town clerk shall take and file the constitutional oath of office and if required by the town board, execute and file an official undertaking in the manner prescribed in section twenty-five of this article.
(b) In the event that the town clerk is absent or unable to act
and there is no duly appointed and qualified first 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 article. If the town board shall provide compensation for such
deputy town clerk, such compensation may be in addition to any other
compensation he or she 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.
No comments:
Post a Comment