Section 5-524. Audit and payment of claims  


Latest version.
  • l. The term "claim", as used in
      this section, shall include all bills,  accounts  and  demands  for  the
      payment of money, of whatever nature, asserted against the village.
        2.  In  a village which has not established the office of auditor, the
      board of trustees shall audit all claims  against  the  village,  except
      that  it  may,  by resolution, authorize and empower a separate board of
      commissioners, a board possessing the powers of two or more such  boards
      or  another  board  possessing  like  powers to audit and order paid all
      claims incurred by such board and payable out of the  funds  within  its
      jurisdiction.
        3.  In  a  village  which  has  established the office of auditor, the
      auditor shall audit and order paid all claims against the village.  Such
      order shall be in the form prescribed in this chapter for similar orders
      of  the village clerk. The auditor shall transmit such order directly to
      the village treasurer and  shall  retain  a  duplicate  thereof  in  his
      office.
        4.  Except  as  hereinafter  provided,  no claim shall be ordered paid
      unless such claim is in writing and itemized and approved by the officer
      or employee whose action gave rise or origin to the claim. The board  of
      trustees may determine, by resolution, that claims shall be certified or
      verified by oath of the claimant or his duly authorized agent.
        5.  Fixed  salaries,  debt  service,  amounts becoming due upon lawful
      contracts for periods  exceeding  one  year  and  the  compensation  for
      services  of  employees  or officers regularly engaged by the village at
      agreed wages by the hour, day, week, month or year may be  paid  without
      prior  audit.  All  payrolls,  or  other  claims  for  compensation, for
      personal services rendered to the village by any person  other  than  an
      elective  village  officer  shall be certified by the village officer or
      employee having direct supervision of the claimant to  the  effect  that
      such services indicated on such payroll or claim were actually performed
      by  the  person  or persons mentioned therein. If the rules of the state
      civil service commission, the county civil  service  commission  or  the
      county  personnel  officer,  as  the  case may be, have been extended to
      apply to any such employees or officers, no claim for compensation shall
      be paid unless the payroll or claim shall have been  certified  by  such
      commission  or  personnel  officer to the effect that the appointment or
      employment of such officers and employees has been  made  in  accordance
      with the civil service law and rules.
        6.  The  board  of  trustees  may  by  resolution authorize payment in
      advance of audit of claims for public utility services, postage, freight
      and express charges. All such claims shall  be  presented  at  the  next
      regular meeting for audit, and the claimant and the officer incurring or
      approving  the same shall be jointly and severally liable for any amount
      disallowed by the board of trustees.
        As used in this subdivision, the term public  utility  services  shall
      mean electric, gas, water, sewer and telephone services.
        7.  The actual and necessary expenses of all officers, employees, and,
      when authorized by the board  of  trustees,  the  actual  and  necessary
      expenses  of  the  volunteer chief and assistant volunteer chiefs of the
      village fire department incurred in the performance  of  their  official
      duties  shall  be a village charge. For the purposes of this subdivision
      "actual and necessary expenses", as it applies to a volunteer  chief  or
      assistant  volunteer  chief  of  the village fire department, means only
      such expenses incurred in the performance of their extra official duties
      as volunteer chief or assistant volunteer chief. The board  of  trustees
      of  any village, in lieu of auditing and allowing the claim of a village
      officer, employee, or volunteer chief and assistant volunteer chiefs  of
      the  village  fire  department  for  actual  and  necessary expenses for
    
      travel, may determine by resolution  to  allow  and  pay  such  officer,
      employee,  or  volunteer  chief  and  assistant  volunteer chiefs of the
      village fire department a reasonable mileage allowance for  use  of  his
      own automobile for each mile actually and necessarily traveled by him in
      the performance of the duties of his office or position, or in attending
      a  convention,  conference or school pursuant to section seventy-seven-b
      of the general municipal law. The actual and necessary expenses incurred
      by a police justice who does not also hold the office of town justice in
      attending a training school  for  justices  provided  by  the  education
      department  or  given  within  his  county  by  the  county magistrate's
      association shall be a charge against the village of which he is  police
      justice.  No  such  person,  however, shall be allowed such expenses for
      attending a regional school unless his village shall be included  within
      the area of such region as established by the education department.
        8.  Notwithstanding the provisions of subdivisions two, three and four
      of this section or of any other law, any village by vote of its board of
      trustees may enter into a mutual aid agreement with  other  villages  or
      political  subdivisions  of the state, pursuant to the provisions of the
      New York state defense emergency act, and all  acts  amendatory  thereof
      and supplemental thereto, for the purpose of civil defense as defined in
      said  act  and  may  raise  money  by  tax  to defray the expense of its
      participation in such mutual aid agreement. Such villages may also enter
      into a financial agreement or arrangement with such other  participating
      villages  or  political  subdivisions  of  the state, provided, however,
      that:
        a. the treasurer of one such participating village shall be designated
      as treasurer of a joint mutual aid or civil defense fund;
        b. each of such participating villages may from time to  time  advance
      and pay to such mutual aid or civil defense fund its proportionate share
      of an amount of money agreed upon by all such participating villages for
      the  purpose  of  defraying  the necessary and proper expenses of mutual
      civil defense aid;
        c. the treasurer of such joint fund  as  herein  provided  shall  make
      necessary  and  proper  disbursements  from  said fund and shall account
      monthly to each village for such disbursements.
        All moneys advanced or otherwise disbursed by  each  such  village  to
      carry  out the provisions of this subdivision, shall be only from moneys
      appropriated for such purposes and included in the annual budget of said
      village.
        9. Any officer of the village who shall knowingly audit, order paid or
      pay any claim contrary to the provisions of this section shall be guilty
      of a misdemeanor.