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 state  board of real  property  services  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 state board of real property services,  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.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.