NY Town L § 27 (2021)
2021 New York Laws TWN - Town Article 3 - Town Officers, Powers, Duties and Compensation 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.