About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2006 Ops. St. Comp. 1 (2006)

handle is hein.nyscompop/nyscomo2006 and id is 1 raw text is: Opinion 2006 - 1 Opinion 2006 - 1 This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The opinion may no longer represent those views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues discussed in the opinion. CLAIMS -- Payments (of compensation prior to completion of payroll period) LOCAL LAWS -- Pre-emption (matters contained in article 8 of the Town Law) MUNICIPAL FUNDS -- Payrolls (requirement to certify as prerequisite to payment) PUBLIC OFFICERS AND EMPLOYEES -- Compensation (payment of prior to completion of payroll period) TOWN LAW § 120: Pursuant to Town Law § 120, certification of the payroll or other claim for compensation of town officers and employees is a prerequisite to the payment of compensation and, therefore, payment of salary to employees may not be made until after all work covered by the payroll period has been performed. The certification provisions of section 120 may not be superseded by local law. This is in reply to your letter asking whether a town may pay an employee on the morning of the last day of the payroll period even though such employee has not yet completed the final day of work for that period. You suggest that payment prior to the completion of all work on the last day of the payroll period, at least in the absence of a collective bargaining agreement, could constitute a gift or loan of town monies in contravention of article VIII, § 1 of the State Constitution. Town Law §27(1), which relates to the compensation of town officers and employees, states in part as follows: The town board of each town shall fix, from time to time, the salaries of all officers and employees of said town, whether elected, or appointed, and determine when the same shall be payable ... Salaries shall be in lieu of all fees, charges or compensation for all services rendered to the town or any district or subdivision thereof ... Provisions of this subdivision shall not preclude the town from hiring laborers, clerical assistants and stenographers, and compensating them upon the hourly or daily basis. Section 27 must be read together with article 8 of the Town Law (§ § 100-125), which prescribes procedures for town finances, including budgetary procedures and procedures for the payment of claims against a town. Town Law § 118(1) generally provides that no claim against a town may be paid unless an itemized voucher therefor is presented, audited and approved. Claims for fixed salaries and compensation for services of officers and employees engaged at agreed wages are excepted from the general requirement that all claims against a town be audited and approved prior to payment (see also Town Opinion 2006 - 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most