State Codes and Statutes

Statutes > New-york > Vil > Article-5 > 5-524

§  5-524  Audit and payment of claims. l. The term "claim", as used in  this section, shall include all bills,  accounts  and  demands  for  the  payment of money, of whatever nature, asserted against the village.    2.  In  a village which has not established the office of auditor, the  board of trustees shall audit all claims  against  the  village,  except  that  it  may,  by resolution, authorize and empower a separate board of  commissioners, a board possessing the powers of two or more such  boards  or  another  board  possessing  like  powers to audit and order paid all  claims incurred by such board and payable out of the  funds  within  its  jurisdiction.    3.  In  a  village  which  has  established the office of auditor, the  auditor shall audit and order paid all claims against the village.  Such  order shall be in the form prescribed in this chapter for similar orders  of  the village clerk. The auditor shall transmit such order directly to  the village treasurer and  shall  retain  a  duplicate  thereof  in  his  office.    4.  Except  as  hereinafter  provided,  no claim shall be ordered paid  unless such claim is in writing and itemized and approved by the officer  or employee whose action gave rise or origin to the claim. The board  of  trustees may determine, by resolution, that claims shall be certified or  verified by oath of the claimant or his duly authorized agent.    5.  Fixed  salaries,  debt  service,  amounts becoming due upon lawful  contracts for periods  exceeding  one  year  and  the  compensation  for  services  of  employees  or officers regularly engaged by the village at  agreed wages by the hour, day, week, month or year may be  paid  without  prior  audit.  All  payrolls,  or  other  claims  for  compensation, for  personal services rendered to the village by any person  other  than  an  elective  village  officer  shall be certified by the village officer or  employee having direct supervision of the claimant to  the  effect  that  such services indicated on such payroll or claim were actually performed  by  the  person  or persons mentioned therein. If the rules of the state  civil service commission, the county civil  service  commission  or  the  county  personnel  officer,  as  the  case may be, have been extended to  apply to any such employees or officers, no claim for compensation shall  be paid unless the payroll or claim shall have been  certified  by  such  commission  or  personnel  officer to the effect that the appointment or  employment of such officers and employees has been  made  in  accordance  with the civil service law and rules.    6.  The  board  of  trustees  may  by  resolution authorize payment in  advance of audit of claims for public utility services, postage, freight  and express charges. All such claims shall  be  presented  at  the  next  regular meeting for audit, and the claimant and the officer incurring or  approving  the same shall be jointly and severally liable for any amount  disallowed by the board of trustees.    As used in this subdivision, the term public  utility  services  shall  mean electric, gas, water, sewer and telephone services.    7.  The actual and necessary expenses of all officers, employees, and,  when authorized by the board  of  trustees,  the  actual  and  necessary  expenses  of  the  volunteer chief and assistant volunteer chiefs of the  village fire department incurred in the performance  of  their  official  duties  shall  be a village charge. For the purposes of this subdivision  "actual and necessary expenses", as it applies to a volunteer  chief  or  assistant  volunteer  chief  of  the village fire department, means only  such expenses incurred in the performance of their extra official duties  as volunteer chief or assistant volunteer chief. The board  of  trustees  of  any village, in lieu of auditing and allowing the claim of a village  officer, employee, or volunteer chief and assistant volunteer chiefs  of  the  village  fire  department  for  actual  and  necessary expenses fortravel, may determine by resolution  to  allow  and  pay  such  officer,  employee,  or  volunteer  chief  and  assistant  volunteer chiefs of the  village fire department a reasonable mileage allowance for  use  of  his  own automobile for each mile actually and necessarily traveled by him in  the performance of the duties of his office or position, or in attending  a  convention,  conference or school pursuant to section seventy-seven-b  of the general municipal law. The actual and necessary expenses incurred  by a police justice who does not also hold the office of town justice in  attending a training school  for  justices  provided  by  the  education  department  or  given  within  his  county  by  the  county magistrate's  association shall be a charge against the village of which he is  police  justice.  No  such  person,  however, shall be allowed such expenses for  attending a regional school unless his village shall be included  within  the area of such region as established by the education department.    8.  Notwithstanding the provisions of subdivisions two, three and four  of this section or of any other law, any village by vote of its board of  trustees may enter into a mutual aid agreement with  other  villages  or  political  subdivisions  of the state, pursuant to the provisions of the  New York state defense emergency act, and all  acts  amendatory  thereof  and supplemental thereto, for the purpose of civil defense as defined in  said  act  and  may  raise  money  by  tax  to defray the expense of its  participation in such mutual aid agreement. Such villages may also enter  into a financial agreement or arrangement with such other  participating  villages  or  political  subdivisions  of  the state, provided, however,  that:    a. the treasurer of one such participating village shall be designated  as treasurer of a joint mutual aid or civil defense fund;    b. each of such participating villages may from time to  time  advance  and pay to such mutual aid or civil defense fund its proportionate share  of an amount of money agreed upon by all such participating villages for  the  purpose  of  defraying  the necessary and proper expenses of mutual  civil defense aid;    c. the treasurer of such joint fund  as  herein  provided  shall  make  necessary  and  proper  disbursements  from  said fund and shall account  monthly to each village for such disbursements.    All moneys advanced or otherwise disbursed by  each  such  village  to  carry  out the provisions of this subdivision, shall be only from moneys  appropriated for such purposes and included in the annual budget of said  village.    9. Any officer of the village who shall knowingly audit, order paid or  pay any claim contrary to the provisions of this section shall be guilty  of a misdemeanor.

State Codes and Statutes

Statutes > New-york > Vil > Article-5 > 5-524

§  5-524  Audit and payment of claims. l. The term "claim", as used in  this section, shall include all bills,  accounts  and  demands  for  the  payment of money, of whatever nature, asserted against the village.    2.  In  a village which has not established the office of auditor, the  board of trustees shall audit all claims  against  the  village,  except  that  it  may,  by resolution, authorize and empower a separate board of  commissioners, a board possessing the powers of two or more such  boards  or  another  board  possessing  like  powers to audit and order paid all  claims incurred by such board and payable out of the  funds  within  its  jurisdiction.    3.  In  a  village  which  has  established the office of auditor, the  auditor shall audit and order paid all claims against the village.  Such  order shall be in the form prescribed in this chapter for similar orders  of  the village clerk. The auditor shall transmit such order directly to  the village treasurer and  shall  retain  a  duplicate  thereof  in  his  office.    4.  Except  as  hereinafter  provided,  no claim shall be ordered paid  unless such claim is in writing and itemized and approved by the officer  or employee whose action gave rise or origin to the claim. The board  of  trustees may determine, by resolution, that claims shall be certified or  verified by oath of the claimant or his duly authorized agent.    5.  Fixed  salaries,  debt  service,  amounts becoming due upon lawful  contracts for periods  exceeding  one  year  and  the  compensation  for  services  of  employees  or officers regularly engaged by the village at  agreed wages by the hour, day, week, month or year may be  paid  without  prior  audit.  All  payrolls,  or  other  claims  for  compensation, for  personal services rendered to the village by any person  other  than  an  elective  village  officer  shall be certified by the village officer or  employee having direct supervision of the claimant to  the  effect  that  such services indicated on such payroll or claim were actually performed  by  the  person  or persons mentioned therein. If the rules of the state  civil service commission, the county civil  service  commission  or  the  county  personnel  officer,  as  the  case may be, have been extended to  apply to any such employees or officers, no claim for compensation shall  be paid unless the payroll or claim shall have been  certified  by  such  commission  or  personnel  officer to the effect that the appointment or  employment of such officers and employees has been  made  in  accordance  with the civil service law and rules.    6.  The  board  of  trustees  may  by  resolution authorize payment in  advance of audit of claims for public utility services, postage, freight  and express charges. All such claims shall  be  presented  at  the  next  regular meeting for audit, and the claimant and the officer incurring or  approving  the same shall be jointly and severally liable for any amount  disallowed by the board of trustees.    As used in this subdivision, the term public  utility  services  shall  mean electric, gas, water, sewer and telephone services.    7.  The actual and necessary expenses of all officers, employees, and,  when authorized by the board  of  trustees,  the  actual  and  necessary  expenses  of  the  volunteer chief and assistant volunteer chiefs of the  village fire department incurred in the performance  of  their  official  duties  shall  be a village charge. For the purposes of this subdivision  "actual and necessary expenses", as it applies to a volunteer  chief  or  assistant  volunteer  chief  of  the village fire department, means only  such expenses incurred in the performance of their extra official duties  as volunteer chief or assistant volunteer chief. The board  of  trustees  of  any village, in lieu of auditing and allowing the claim of a village  officer, employee, or volunteer chief and assistant volunteer chiefs  of  the  village  fire  department  for  actual  and  necessary expenses fortravel, may determine by resolution  to  allow  and  pay  such  officer,  employee,  or  volunteer  chief  and  assistant  volunteer chiefs of the  village fire department a reasonable mileage allowance for  use  of  his  own automobile for each mile actually and necessarily traveled by him in  the performance of the duties of his office or position, or in attending  a  convention,  conference or school pursuant to section seventy-seven-b  of the general municipal law. The actual and necessary expenses incurred  by a police justice who does not also hold the office of town justice in  attending a training school  for  justices  provided  by  the  education  department  or  given  within  his  county  by  the  county magistrate's  association shall be a charge against the village of which he is  police  justice.  No  such  person,  however, shall be allowed such expenses for  attending a regional school unless his village shall be included  within  the area of such region as established by the education department.    8.  Notwithstanding the provisions of subdivisions two, three and four  of this section or of any other law, any village by vote of its board of  trustees may enter into a mutual aid agreement with  other  villages  or  political  subdivisions  of the state, pursuant to the provisions of the  New York state defense emergency act, and all  acts  amendatory  thereof  and supplemental thereto, for the purpose of civil defense as defined in  said  act  and  may  raise  money  by  tax  to defray the expense of its  participation in such mutual aid agreement. Such villages may also enter  into a financial agreement or arrangement with such other  participating  villages  or  political  subdivisions  of  the state, provided, however,  that:    a. the treasurer of one such participating village shall be designated  as treasurer of a joint mutual aid or civil defense fund;    b. each of such participating villages may from time to  time  advance  and pay to such mutual aid or civil defense fund its proportionate share  of an amount of money agreed upon by all such participating villages for  the  purpose  of  defraying  the necessary and proper expenses of mutual  civil defense aid;    c. the treasurer of such joint fund  as  herein  provided  shall  make  necessary  and  proper  disbursements  from  said fund and shall account  monthly to each village for such disbursements.    All moneys advanced or otherwise disbursed by  each  such  village  to  carry  out the provisions of this subdivision, shall be only from moneys  appropriated for such purposes and included in the annual budget of said  village.    9. Any officer of the village who shall knowingly audit, order paid or  pay any claim contrary to the provisions of this section shall be guilty  of a misdemeanor.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vil > Article-5 > 5-524

§  5-524  Audit and payment of claims. l. The term "claim", as used in  this section, shall include all bills,  accounts  and  demands  for  the  payment of money, of whatever nature, asserted against the village.    2.  In  a village which has not established the office of auditor, the  board of trustees shall audit all claims  against  the  village,  except  that  it  may,  by resolution, authorize and empower a separate board of  commissioners, a board possessing the powers of two or more such  boards  or  another  board  possessing  like  powers to audit and order paid all  claims incurred by such board and payable out of the  funds  within  its  jurisdiction.    3.  In  a  village  which  has  established the office of auditor, the  auditor shall audit and order paid all claims against the village.  Such  order shall be in the form prescribed in this chapter for similar orders  of  the village clerk. The auditor shall transmit such order directly to  the village treasurer and  shall  retain  a  duplicate  thereof  in  his  office.    4.  Except  as  hereinafter  provided,  no claim shall be ordered paid  unless such claim is in writing and itemized and approved by the officer  or employee whose action gave rise or origin to the claim. The board  of  trustees may determine, by resolution, that claims shall be certified or  verified by oath of the claimant or his duly authorized agent.    5.  Fixed  salaries,  debt  service,  amounts becoming due upon lawful  contracts for periods  exceeding  one  year  and  the  compensation  for  services  of  employees  or officers regularly engaged by the village at  agreed wages by the hour, day, week, month or year may be  paid  without  prior  audit.  All  payrolls,  or  other  claims  for  compensation, for  personal services rendered to the village by any person  other  than  an  elective  village  officer  shall be certified by the village officer or  employee having direct supervision of the claimant to  the  effect  that  such services indicated on such payroll or claim were actually performed  by  the  person  or persons mentioned therein. If the rules of the state  civil service commission, the county civil  service  commission  or  the  county  personnel  officer,  as  the  case may be, have been extended to  apply to any such employees or officers, no claim for compensation shall  be paid unless the payroll or claim shall have been  certified  by  such  commission  or  personnel  officer to the effect that the appointment or  employment of such officers and employees has been  made  in  accordance  with the civil service law and rules.    6.  The  board  of  trustees  may  by  resolution authorize payment in  advance of audit of claims for public utility services, postage, freight  and express charges. All such claims shall  be  presented  at  the  next  regular meeting for audit, and the claimant and the officer incurring or  approving  the same shall be jointly and severally liable for any amount  disallowed by the board of trustees.    As used in this subdivision, the term public  utility  services  shall  mean electric, gas, water, sewer and telephone services.    7.  The actual and necessary expenses of all officers, employees, and,  when authorized by the board  of  trustees,  the  actual  and  necessary  expenses  of  the  volunteer chief and assistant volunteer chiefs of the  village fire department incurred in the performance  of  their  official  duties  shall  be a village charge. For the purposes of this subdivision  "actual and necessary expenses", as it applies to a volunteer  chief  or  assistant  volunteer  chief  of  the village fire department, means only  such expenses incurred in the performance of their extra official duties  as volunteer chief or assistant volunteer chief. The board  of  trustees  of  any village, in lieu of auditing and allowing the claim of a village  officer, employee, or volunteer chief and assistant volunteer chiefs  of  the  village  fire  department  for  actual  and  necessary expenses fortravel, may determine by resolution  to  allow  and  pay  such  officer,  employee,  or  volunteer  chief  and  assistant  volunteer chiefs of the  village fire department a reasonable mileage allowance for  use  of  his  own automobile for each mile actually and necessarily traveled by him in  the performance of the duties of his office or position, or in attending  a  convention,  conference or school pursuant to section seventy-seven-b  of the general municipal law. The actual and necessary expenses incurred  by a police justice who does not also hold the office of town justice in  attending a training school  for  justices  provided  by  the  education  department  or  given  within  his  county  by  the  county magistrate's  association shall be a charge against the village of which he is  police  justice.  No  such  person,  however, shall be allowed such expenses for  attending a regional school unless his village shall be included  within  the area of such region as established by the education department.    8.  Notwithstanding the provisions of subdivisions two, three and four  of this section or of any other law, any village by vote of its board of  trustees may enter into a mutual aid agreement with  other  villages  or  political  subdivisions  of the state, pursuant to the provisions of the  New York state defense emergency act, and all  acts  amendatory  thereof  and supplemental thereto, for the purpose of civil defense as defined in  said  act  and  may  raise  money  by  tax  to defray the expense of its  participation in such mutual aid agreement. Such villages may also enter  into a financial agreement or arrangement with such other  participating  villages  or  political  subdivisions  of  the state, provided, however,  that:    a. the treasurer of one such participating village shall be designated  as treasurer of a joint mutual aid or civil defense fund;    b. each of such participating villages may from time to  time  advance  and pay to such mutual aid or civil defense fund its proportionate share  of an amount of money agreed upon by all such participating villages for  the  purpose  of  defraying  the necessary and proper expenses of mutual  civil defense aid;    c. the treasurer of such joint fund  as  herein  provided  shall  make  necessary  and  proper  disbursements  from  said fund and shall account  monthly to each village for such disbursements.    All moneys advanced or otherwise disbursed by  each  such  village  to  carry  out the provisions of this subdivision, shall be only from moneys  appropriated for such purposes and included in the annual budget of said  village.    9. Any officer of the village who shall knowingly audit, order paid or  pay any claim contrary to the provisions of this section shall be guilty  of a misdemeanor.