N.Y. Town Law § 29: Powers and duties of supervisor

§ 29. Powers and duties of supervisor. 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.