[HISTORY: Adopted by the Town Board of the Town of Smithtown 3-11-1986 by L.L. No. 3-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 30.
Officers and employees — See Ch. 53.
It is the intent of this chapter to establish a petty cash account in the office of the Town Attorney to fund an escrow account to be used by the Town Attorney to pay legal fees required by the County Clerks of the respective counties of New York State and the clerks of said courts.
As used in this chapter, the following terms shall have the meanings indicated:
COUNTY CLERK
Includes any County Clerk, its office or deputies throughout New York State which require a fee for the filing of official documents.
COURT CLERK
Includes any officer of a New York court who files pleadings, motions, judgments, keeps court records and issues process.
ESCROW ACCOUNT
A non-interest-bearing checking account with an approved New York State banking institution.
It shall be the purpose of this chapter to provide immediate access to funds for the following:
A. 
The filing and/or obtaining of deeds, easements, covenants and restrictions and legal documents on behalf of the Town of Smithtown with the office of the Suffolk County Clerk.
[Amended 12-4-1990 by L.L. No. 8-1990]
B. 
The filing of legal papers with the various court clerks of the state and federal courts.
C. 
Obtaining index numbers, calendar numbers, subpoenaed records and/or individuals, jury fees and other related court costs.
D. 
The filing of notices of appeal.
A. 
This chapter shall authorize the Town Attorney to open a special escrow account for the purposes set forth in § 75-3 above. The account shall bear the title "Office of the Town Attorney, Town of Smithtown, Escrow Account," and shall be funded by a petty cash account in the initial amount of $8,000. Said funds are to be replenished upon submission of receipts to the Comptroller of the Town of Smithtown so that a balance of $8,000 may be maintained at any given time.
[Amended 9-26-1989 by L.L. No. 6-1989; 1-2-1991 by L.L. No. 1-1991; 10-8-2002 by L.L. No. 5-2002; 8-23-2005 by L.L. No. 5-2005]
B. 
The office of the Town Attorney shall maintain a ledger book showing the payee, amount, date and purpose, as well as maintaining appropriate bank statements and canceled checks, which may be reviewed by the Comptroller of the Town of Smithtown at his request.
C. 
Only the Town Attorney shall be authorized to execute said escrow checks.
D. 
An accounting of this account shall be limited to providing receipts acceptable to the Comptroller of the Town of Smithtown.