2023 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.