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New York Consolidated Laws, Town Law - TWN § 29. Powers and duties of supervisor

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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.

5, 6. Repealed.

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.

Cite this article: - New York Consolidated Laws, Town Law - TWN § 29. Powers and duties of supervisor - last updated January 01, 2021 |

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