The positions of village clerk/treasurer and village court clerk when filled by the same individual are incompatible
Informal Opinions of the Attorney General 2014-1
This opinion indicates that typically a village court clerk transmits certain funds to the village treasurer, and the a village treasurer maintains the funds and transfers some portion of them to the county and State.
Accordingly, the two officials serve as a fiscal check on each other and a safeguard for these funds.
In this instance, said the Attorney General, one person serves as both village treasurer and village court clerk. In the opinion of the Attorney General performing such a dual role would compromise this neccessary fiscal check. He advised that in his view the duties of the positions therefore conflict and the positions are incompatible.
The opinion's conclusion: One person may not perform the duties of both positions simultaneously, whether they are combined into one or the same person is appointed to both.
The opinion is posted on the Internet at:
http://www.ag.ny.gov/sites/default/files/opinion/2014-1_pw.pdf
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
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