There are occasions when it is necessary for checks and other instruments
for the withdrawal or transfer of funds from the Town's general fund account
and neither the Town Supervisor nor Deputy Town Supervisor is available to
sign or otherwise authorize such transactions. Accordingly, this chapter is
intended to permit the appointment of other persons to effect such transactions
in the absence, illness or other inability of the Town Supervisor and Deputy
Town Supervisor to do so.
This chapter is adopted pursuant to the authority contained in § 10
1(i) and, to the extent this chapter supersedes the Town Law, § 10
1(ii) d(3) of the Municipal Home Rule Law.
This chapter, to the extent inconsistent with same, shall supersede
the provisions of §§ 29 and 42 of the Town Law and any other
provisions of the Town Law that are inconsistent with this chapter and which
may be superseded by local laws enacted pursuant to the Municipal Home Rule
Law sections cited above.
The Town Board, by resolution, may authorize any Town Council person
or Council persons specifically named in the resolution, and the Town Budget
Officer if specifically named in the resolution, to execute checks and other
instruments for the withdrawal of Town funds from any banking institution
or other depository of such funds, when the Town Supervisor and Deputy Town
Supervisor are absent or otherwise unable to act.
The Town Board, by resolution, may authorize any employee of the Town
specifically named by name and position in the resolution, to authorize the
transfer (but not the withdrawal) of funds from one Town account to another
Town account in the same or different depository institution.
No resolution permitted by this chapter shall be effective unless adopted
with the consent of the Town Supervisor and, if one is appointed, with the
consent of the Deputy Town Supervisor. The casting of an affirmative vote
on the resolution by the Town Supervisor and/or Deputy Town Supervisor shall
constitute the consent of such individual to its adoption and no further documentation
of the consent of such person shall be required.
The Town Board may impose such conditions upon such authority as it
may deem necessary or desirable to protect the Town and its funds, including
a condition that the person or persons so appointed be bonded under the Town's
general fidelity bond.