N.Y. Town Law § 27: Compensation of town officers and employees

§ 27. Compensation of town officers and employees. 1. The town board

of each town shall fix, from time to time, the salaries of all officers

and employees of said town, whether elected or appointed, and determine

when the same shall be payable. The town board shall not fix the

salaries of the members of the town board, an elected town clerk or an

elected town superintendent of highways at an amount in excess of the

amounts respectively specified in the notice of hearing on the

preliminary budget published pursuant to section one hundred eight of

this chapter. However, the annual salary of any such elected officer

may be increased, for not more than one fiscal year, in excess of the

amount specified in the notice of hearing on the preliminary budget

local law adopted pursuant to the municipal home rule law. Salaries

shall be in lieu of all fees, charges or compensation for all services

rendered to the town or any district or subdivision thereof, pursuant to

law, except that the supervisor shall not be required to account for and

pay over such fees, salary or other compensation that he or she may

receive or be entitled to from the county in which he or she is elected,

for services rendered by him or her as a member of the board of

supervisors. No town officer or employee shall retain any fees or moneys

received by him or her in connection with his or her office but such

fees or money shall be the property of the town and be paid to the

supervisor not later than the fifteenth day of each month following the

receipt thereof, excepting such fees and moneys the application and

payment of which are otherwise provided for by law. Every officer or

employee, except a town justice, is hereby required to submit monthly to

the supervisor a verified statement of all moneys received by him or her

and to pay such moneys to the supervisor who shall deliver his or her

receipt therefor. Unless such verified statement and payment be made,

such officer or employee shall not be paid any further portion of his or

her salary until a report be submitted of any moneys paid as herein

provided. The said provisions shall not affect a receiver of taxes and

assessments who deposits the money collected directly to the credit of

the supervisor and whose monthly report is equivalent to a receipt from

the supervisor. Provisions of this subdivision shall not preclude the

town from hiring laborers, clerical assistants and stenographers, and

compensating them upon the hourly or daily basis. Notwithstanding any

provision of the penal law, the civil practice law and rules, the

criminal procedure law, the uniform justice court act, or any other

general, special or local law, no police officer, special police officer

or constable of any such town shall retain for his or her own use fees,

per diem or other compensation received by him or her from the state,

the county, or any other municipality, or a private corporation or a

person, in or for the performance of the duties of his or her office,

whether such duties be of an administrative, legislative, judicial or

other nature, but all such fees and moneys so received by him or her

shall be the property of the town of which he or she is an officer and

be paid to the supervisor not later than the fifteenth day of each month

following the receipt thereof. No town justice of any town shall retain

for his or her own use fees, per diem or other compensation received by

him or her from the state, the county, or any other municipality or a

private corporation or a person, in or for the performance of the duties

of his or her office, whether such duties be of an administrative,

legislative, judicial, or other nature, but all such fees and moneys so

received shall, unless otherwise provided by law, be the property of the

town of which he or she is an officer and shall be paid by such justice

to the state comptroller within the first ten days of the month

following collection. Each such payment shall be accompanied by a true

and complete report in such form and detail as the comptroller shall

prescribe. In the event that a justice shall not receive any such fees

and moneys during any month he or she shall report this fact to the

state comptroller within the first ten days of the succeeding month.

Upon receipt of notice from the state comptroller that a justice has not

properly reported or properly accounted for any moneys received by such

justice, it shall be unlawful for the town to make any further payment

of compensation to such justice until receipt of a notice from the

comptroller that a proper accounting has been made. In all towns the

salaries of all town justices shall be equal except that the town board

may determine by a majority vote to pay salaries in different amounts.

Fees payable by virtue of the civil practice law and rules and section

sixty-eight-a of the public officers law, for taking oaths and

acknowledgment, shall not be deemed to be fees within the meaning of

this section, but may be retained, or the payment thereof waived, by the

officer taking the same.

2. Inspectors of election, ballot clerks, poll clerks and election

coordinators shall receive such an amount per day for their services on

days of registration, election and primary elections, as the town board

may determine by resolution. Such election officers shall receive

compensation for one day only for all services rendered on the day of

election and in canvassing the votes thereafter, and in completing the

returns, of either an election or of a primary election.

3. Notwithstanding the provisions of subdivision one of this section,

the town board of any town which shall not have established a police

department, may adopt a resolution determining that the police officers

of such town, including special police officers and constables, shall be

compensated by annual salary or by the week, day or hour for services

actually and necessarily performed by them in all matters other than

civil actions and proceedings, and that such police officers shall be

entitled to collect and retain for their own use, the fees, mileage,

poundage and other compensation allowed by law for services in civil

actions and proceedings.

4. Notwithstanding the provisions of subdivision one of this section,

the budget officer may receive, in addition to any other compensation, a

salary as budget officer to be fixed by the town board.