Press-Republican

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December 29, 2012

Former Mooers town clerk still simmers

(Continued)

Ross said Friday he didn’t have the paperwork in front of him so he didn’t recall whether that figure is accurate. But the total amount of $50,000 is correct, he said.

As she had about the Open Meetings issue, Gadway consulted the New York State Association of Towns, this time asking whether town residents have a say in how their tax dollars are spent on such a project.

That depends on the source of funding, replied association Counsel Lori Mithen-Demasi in an email dated Oct. 18.

In general, she said, a permissive referendum would be required before use of funds raised by tax levy, from a capital-reserve fund or by a bond that would need more than five years to retire the debt.

Friday, Ross said a committee appointed by the Town Council will report in January on a search for the best location for a new library.

NO DEPUTY CLERK

Gadway also said she was prohibited from appointing a deputy to train to take her place.

Ross said the Town Council didn’t want to pay two people to do the same job and spend money on training the deputy when he or she may not be elected to the post at some point.

That was another question Gadway asked the Association of Towns.

“Our Supervisor says he can appoint my Deputy and I said the book says I appoint my own Deputy ...”

The response from Mithen-Demasi, dated Aug. 7, said, “Town Law ... authorizes the town clerk to appoint up to three deputy town clerks. The first deputy may act on behalf of the town clerk and the second and third deputies have their duties set by the town board. The town board sets the compensation for each deputy.”

Town law, she said, “provides that the first deputy will be responsible for all of the duties of the town clerk in the town clerk’s absence or if there is a vacancy in the office of town clerk. If there is no deputy town clerk ... the town board may fill the vacancy in the office of deputy town clerk.”

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