N.Y. Town Law § 55-c: Deposit and investment of and accounting for moneys in reserve funds

§ 55-c. Deposit and investment of and accounting for moneys in reserve

funds. 1. The money in each reserve fund established pursuant to this

article shall be deposited and secured in the manner provided by section

ten of the general municipal law.

2. The town board or the chief fiscal officer of the town, if the

town board shall delegate such duty to him, may invest the moneys in

each such reserve fund or, in two or more such funds, in the manner

provided in section eleven of the general municipal law. Any interest

earned or capital gains realized on the money so deposited or invested

shall accrue to and become a part of each such fund. Where the money in

two or more such reserve funds are invested together, the interest

earned or capital gains realized shall be apportioned to each separate

fund in the same proportion as the amount of each fund bears to the

aggregate amount of the several funds.

3. The chief fiscal officer shall keep a separate account for each

such fund. Such account shall show:

(a) The date and amount of each sum paid into the fund.

(b) The interest earned by such fund.

(c) The capital gains or losses resulting from the sale of investments

of the fund.

(d) The interest or capital gains which have accrued to the fund.

(e) The amount and date of each expenditure from the fund.

(f) The assets of the fund, indicating the cash balance therein and

the schedule of the amounts invested.

The chief fiscal officer, at the termination of each fiscal year,

shall render a detailed report of the operation and condition of each

such fund to the town board.

4. The members of the town board are hereby declared trustees of each

such fund and shall be subject to all the duties and responsibilities

imposed by law on trustees, and such duties and responsibilities may be

enforced by the town, or by any board, commission, agency, officer or

taxpayer thereof.

5. The members of the town board shall not:

(a) Authorize an expenditure or withdrawal from any such fund for any

purpose other than for the financing of an object or purpose which has

been authorized to be financed in whole or in part from such fund; or

(b) Expend any money withdrawn from any such fund for a purpose other

than that for which it was authorized to be withdrawn.

Any violation of this subdivision shall be an offense punishable by a

civil penalty of not more than one hundred dollars. The provisions of

this subdivision shall be considered to be in addition to any other

penalties provided by law.