NY Town L § 30 (2021)
2021 New York Laws TWN - Town Article 3 - Town Officers, Powers, Duties and Compensation 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 shall procure and affix on or near the main entrance to his 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 shall be one of the public places upon which any legal notice may be posted.    * NB Effective until January 23, 2022   * 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.   * NB Effective January 23, 2022   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.