N.Y. Town Law § 30: Powers and duties of town clerk

§ 30. Powers and duties of town clerk. 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

commissioner of taxation and finance 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 commissioner of taxation and finance, 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 or she shall procure and affix on or

near the main entrance to his or her 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 and, in any town

that maintains a regularly and routinely updated website and utilizes a

high speed internet connection, an electronic version of such sign-board

shall be one of the public places upon which any legal notice may be

posted. Towns which maintain a regularly and routinely updated website

and utilizes a high speed internet connection shall, to the extent

practicable, maintain an electronic version of such sign-board and shall

post a link to the electronic version of the sign-board on its homepage.

An electronic version of such sign-board shall include a town website

page designed or intended to provide electronic access to public

notices. A town shall not be required to maintain an electronic

sign-board pursuant to this subdivision should the town incur additional

costs in order to comply.

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.