Legislation
SECTION 29
Powers and duties of supervisor
Town (TWN) CHAPTER 62, ARTICLE 3
§ 29. Powers and duties of supervisor. 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.
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.
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.
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.