Legislation
SECTION 4-402
Clerk
Village (VIL) CHAPTER 64, ARTICLE 4
§ 4-402 Clerk. The clerk of each village shall, subject to the
direction and control of the mayor:
a. have custody of the corporate seal, books, records, and papers of
the village and all the official reports and communications of the board
of trustees;
b. act as clerk of the board of trustees and of each board of village
officers and shall keep a record of their proceedings;
c. keep a record of all village resolutions and local laws;
d. prepare, sign and transmit to the village treasurer an order
directing the village treasurer to pay the claims therein specified,
which order shall contain an abstract of all claims audited and ordered
paid by the board of trustees or other board having power to audit,
showing the names of the claimants, the amounts approved for payment and
the appropriations chargeable therewith. In any village in which the
same individual serves as both clerk and treasurer or as deputy clerk
and deputy treasurer, such order shall be signed by the mayor. A
duplicate of such order shall be filed in the office of the village
clerk. Except as otherwise provided in section fourteen hundred
thirty-eight of the real property tax law, all monies belonging to the
village received by such clerk in any month shall be paid to the village
treasurer on or before the tenth day of the next succeeding month;
e. shall, during office hours as prescribed by the board of trustees,
on demand of any person, produce for inspection the books, records and
papers of his office, and shall furnish a copy of any portion thereof,
certified in the proper form to be read in evidence, upon payment of his
fees therefor, at the rate of twenty cents per folio;
f. shall collect taxes and assessments of the village as provided in
this act if the board of trustees shall, by resolution, determine that
the taxes and assessments of the village be collected by the clerk;
g. shall keep an indexed record of all written notices which he shall
receive of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon, or of an accumulation of ice or snow upon, any
village street, highway, bridge, culvert, sidewalk or crosswalk, which
record shall state the date of receipt of the notice, the nature and
location of the condition stated to exist, and the name and address of
the person from whom the notice is received. All such written notices
shall be indexed according to the location of the alleged defective,
unsafe, dangerous or obstructed condition, or the location of
accumulated snow or ice. He shall at the board meeting next following
receipt of such written notice by him, or within ten days, whichever is
sooner, cause said written notice to be brought to the attention of the
board of trustees. The record of each notice shall be preserved for a
period of five years after the date it is received;
h. may administer the oath of office to all village officers;
i. shall also perform such other duties not inconsistent with his
office as shall be determined by resolution of the board of trustees.
direction and control of the mayor:
a. have custody of the corporate seal, books, records, and papers of
the village and all the official reports and communications of the board
of trustees;
b. act as clerk of the board of trustees and of each board of village
officers and shall keep a record of their proceedings;
c. keep a record of all village resolutions and local laws;
d. prepare, sign and transmit to the village treasurer an order
directing the village treasurer to pay the claims therein specified,
which order shall contain an abstract of all claims audited and ordered
paid by the board of trustees or other board having power to audit,
showing the names of the claimants, the amounts approved for payment and
the appropriations chargeable therewith. In any village in which the
same individual serves as both clerk and treasurer or as deputy clerk
and deputy treasurer, such order shall be signed by the mayor. A
duplicate of such order shall be filed in the office of the village
clerk. Except as otherwise provided in section fourteen hundred
thirty-eight of the real property tax law, all monies belonging to the
village received by such clerk in any month shall be paid to the village
treasurer on or before the tenth day of the next succeeding month;
e. shall, during office hours as prescribed by the board of trustees,
on demand of any person, produce for inspection the books, records and
papers of his office, and shall furnish a copy of any portion thereof,
certified in the proper form to be read in evidence, upon payment of his
fees therefor, at the rate of twenty cents per folio;
f. shall collect taxes and assessments of the village as provided in
this act if the board of trustees shall, by resolution, determine that
the taxes and assessments of the village be collected by the clerk;
g. shall keep an indexed record of all written notices which he shall
receive of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon, or of an accumulation of ice or snow upon, any
village street, highway, bridge, culvert, sidewalk or crosswalk, which
record shall state the date of receipt of the notice, the nature and
location of the condition stated to exist, and the name and address of
the person from whom the notice is received. All such written notices
shall be indexed according to the location of the alleged defective,
unsafe, dangerous or obstructed condition, or the location of
accumulated snow or ice. He shall at the board meeting next following
receipt of such written notice by him, or within ten days, whichever is
sooner, cause said written notice to be brought to the attention of the
board of trustees. The record of each notice shall be preserved for a
period of five years after the date it is received;
h. may administer the oath of office to all village officers;
i. shall also perform such other duties not inconsistent with his
office as shall be determined by resolution of the board of trustees.