Section 29. Powers and duties of supervisor  


Latest version.
  • Except where powers or duties
      specified herein are devolved upon  the  town  comptroller  pursuant  to
      section thirty-four of this chapter, the supervisor of each town.
        1.  Shall  act as treasurer thereof and shall demand, collect, receive
      and have the care and custody of moneys belonging to  or  due  the  town
      from  every  source,  except  as  otherwise  provided  by law. Except as
      otherwise provided in articles eleven and thirteen, he shall also act as
      treasurer and disbursing officer for every special district therein.
        2. Within ten days after their receipt, shall deposit  and  secure  in
      his  name  as  supervisor,  all  such  moneys  in the manner provided by
      section ten of the general municipal law.
        3. Shall disburse such moneys only by checks payable to the person  or
      persons entitled thereto, which checks shall, if the town board requires
      such  countersignature,  be  countersigned  by the town clerk, or by the
      comptroller in towns where the  office  of  town  comptroller  has  been
      established.  When  authorized  by  resolution  of  the town board, such
      checks may be signed with the facsimile signature of the  supervisor  or
      other  town  officer  whose  signature  is  required, as reproduced by a
      machine or device commonly known as a checksigner.  By  resolution  duly
      adopted,  the  town  board  may  determine  to  enter into a contract to
      provide for the deposit of the periodic payroll of the town in a bank or
      trust company for disbursal by  it  in  accordance  with  provisions  of
      section ninety-six-b of the banking law.
        4.  Shall  keep  an  accurate  and complete account of the receipt and
      disbursement of all moneys which shall come into his hands by virtue  of
      his  office,  in  books  of  account in the form prescribed by the state
      department of audit and control for all expenditures under  the  highway
      law  and  in  books  of  account  provided  by  the  town  for all other
      expenditures. Such books of account shall be public  records,  open  and
      available  for  inspection at all reasonable hours of the day, and, upon
      the expiration of his term, shall be filed in the  office  of  the  town
      clerk.
        7.  Shall  pay  fixed  salaries,  the  principal  of  or  interest  on
      indebtedness, amounts becoming due upon  lawful  contracts  for  periods
      exceeding  one  year,  and  compensation  for  services  of  officers or
      employees regularly engaged by the town at agreed  wages  by  the  hour,
      day, week, month or year without prior audit.
        8.  Shall  prosecute, in the name of the town, for all penalties given
      by law to such town for its use and for all moneys or property  due  the
      town.
        9. Shall cause a survey to be made of the bounds of his town, whenever
      required  by  the state department of transportation, and transmit a map
      and description thereof to such department within sixty days thereafter.
      The expense of such survey and map shall  be  defrayed  by  the  several
      towns  whose  bounds  either  wholly,  or  in  part,  shall be described
      thereby; such expense to be apportioned by the board of  supervisors  of
      the county.
        10.  Shall  prepare  and  file  with the town clerk within thirty days
      after the expiration of each fiscal year,  an  annual  financial  report
      accounting  for  all moneys received and disbursed by him, together with
      the certificate, or certificates, of the bank  or  trust  company  where
      town  moneys are deposited, showing the amount of such moneys on deposit
      with said bank or trust company, and cause  a  certified  copy  of  such
      report  to  be  published  in  the official newspaper, and in such other
      newspapers, if any, as the town board may require. In addition  thereto,
      if  and  whenever  required,  such  supervisor shall submit to the other
      members of the town  board  at  the  time  of  filing  such  report  all
      vouchers,  cancelled  checks  or  check  images as authorized by section
    
      ninety-nine-b of the general municipal law, check stubs,  ledgers,  cash
      books,  journals,  and  financial  and  accounting records of every sort
      required to substantiate the accuracy and completeness of such report.
        10-a.  In  lieu of preparing the report required by subdivision ten of
      this section, the town board may  determine,  by  resolution,  that  the
      supervisor  shall  submit  to  the  town  clerk,  within the time period
      prescribed in section thirty of the general municipal law, a copy of the
      report to the state  comptroller  required  by  section  thirty  of  the
      general  municipal  law,  providing,  however,  that if the time for the
      filing of the annual report has been extended by the  state  comptroller
      as  provided in the said statute, then the time for submitting a copy of
      the report to the town clerk similarly shall be extended. The town clerk
      shall cause either a summary of such report to be published  within  ten
      days  after  receipt thereof in a form approved by the state comptroller
      or a notice that a copy of such report is on file in  the  town  clerk's
      office  and  is  available  for  public  inspection  and copying, in the
      official newspaper and in such other newspapers as the  town  board  may
      direct.
        11.  Shall  lease,  sell  and convey in the name of the town, property
      owned by it, whenever and in the manner authorized by the provisions  of
      this  chapter  or any other general or special law and shall execute and
      deliver, in the name of the town, grants of easements or other rights in
      lands or other property owned by the town, whenever so directed  by  the
      town board.
        12.  In  towns  other  than  those  mentioned in section 9-1107 of the
      environmental conservation law, and  other  than  those  included  in  a
      forest  fire district as defined in subdivision two of section 9-1109 of
      the environmental conservation law, shall be superintendent of fires  of
      his  town  and  charged  with  the  duty of preventing and extinguishing
      forest fires. In such capacity, he shall also be charged with  the  duty
      of  preventing  and extinguishing muck fires. He shall have the power to
      employ persons to act as forest rangers and fire wardens  in  preventing
      and  fighting  forest  and muck fires and to employ necessary assistants
      therefor, and shall possess, for both such purposes, all the  power  and
      authority  conferred  upon the department of environmental conservation,
      district forest ranger, forest ranger and fire warden under subdivisions
      one, two, three, four, five and twelve of  section  9-1103,  subdivision
      two   of  section  9-1111  and  section  71-0705  of  the  environmental
      conservation  law  with  respect  to  forest  fires  and   forest   fire
      protection.  Any  person  summoned  to fight forest or muck fires who is
      physically able and refuses to assist, shall be liable to a  penalty  of
      twenty  dollars.  The town board of each town shall designate one of its
      members to act as such superintendent of fires for the ensuing  year  in
      case  of  absence  of  the  supervisor.  The  town  board  shall fix the
      compensation  of  all  forest  rangers,  fire  wardens,  and  assistants
      employed under the provisions of this section, and all expenses incurred
      under  the provisions of this section shall be a charge upon and paid by
      the town.
        13. Shall notify the state department of transportation,  in  writing,
      regarding  the  construction,  reconstruction or repair by any person or
      corporation, or political subdivision of the state within his  town,  of
      any  dam  or other structure for impounding water, and of any dock, pier
      or wharf, or other structure used as a landing place. This notice  shall
      be  given  within  ten  days  after  the commencement of such work. This
      subdivision shall not apply to a dam where the area  draining  into  the
      pond  formed  thereby does not exceed one square mile, unless the dam is
      more than ten feet in height above the natural bed of the stream at  any
    
      point or unless the quantity of water which the dam impounds exceeds one
      million gallons.
        14. Shall attend the annual meeting of the board of supervisors of the
      county, and every regular, adjourned or special meeting thereof of which
      he shall receive notice.
        15.  In  towns  of  the  first  class,  may  designate a bookkeeper or
      confidential secretary, or both. In towns of the second class, the  town
      board  may  by  resolution  authorize  the  supervisor  of  the  town to
      designate a bookkeeper or confidential secretary, or both. A  person  so
      designated  by  the  supervisor, shall receive a reasonable compensation
      for his services, to be fixed by the town board  and  such  compensation
      shall be a town charge.
        16.  Shall  have  and  exercise  any  other  power  or  duty expressly
      conferred or imposed upon him by law  and  such  powers  and  duties  of
      administration  and  supervision  of  town  or  special  or  improvement
      district functions as shall be provided by resolution of the town board,
      to be performed on behalf of such board.