Section 30. Powers and duties of town clerk  


Latest version.
  • 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. (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.
        (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.