The Recorder - New York State Town Clerks Association

Town Recorder
the official publication of the
New York State Town Clerks Association
Volume 25, Issue 1
Spring 2012
President’s Message
chairs are working to make this a
special anniversary celebration.
As we plan to celebrate “30 Years
Strong” I want to let you know what
goes on behind the scenes of this
great association. It takes many,
many hands and countless hours to
bring this annual event to fruition.
By Cindy Goliber, RMC
NYSTCA President
Potsdam Town Clerk
By now you have received
your conference packets and extra
forms are available on our website
at www.nystca.com. Registration
Chair Georgette Davis is already
processing registrations and if you
have not sent it in, remember the
early registration deadline is March
21st.
Our new and expanded
website is proving to be a great
way to disburse information to
our members. You should have
received your log-in information
for the “Members Only Section.”
Visit the website often, as Webmistress Annette McNinch and
Secretary Susan Haag will post
updated information regarding our
conference. Of course important
messages will be sent out via
E-BLASTS.
I just heard the meteorologist call this
year’s winter, “the winter without a
winter.” We do not have much snow
in the North Country, nor around the
state and temperatures have been
unseasonably milder than normal.
As I have traveled around the state,
I am grateful that the roads have
been snow-free! Actually there is a
dusting of snow on the ground this
morning, but it is mid February and
before I know, it will be April 22nd
which is the first day of our annual
conference celebrating the 30th
Clerk of the Year Chair Sharon
Anniversary of the New York State
Knight and her committee are
Town Clerks Association.
currently working with the District
Directors to name the District
Behind the scenes your officers,
Clerks of the Year that were chosen
district directors and committee
from your nominations. From those
winners a Clerk of the Year will be
chosen, with the prestigious award
being given at the banquet on
Tuesday.
The Registered Municipal
Clerk’s forms are on the website.
Chair Bambi Avery and committee
members Debbie Payne, and
Susan Miller carefully review each
application to make sure that all of
the RMC requirements are met. All
first-time applicants and renewals
should send their applications to
Bambi soon to assure they will
have time to process them prior to
conference.
On Sunday afternoon you will
be greeted by Time and Place Chair
Kim Pinkowski and Welcome New
Clerk Chair Carol Brandon. Pick
up your registration packets and
a surprise or two in the Pavilion,
continued on page 6
Inside this issue...
Bob Freeman . . . . . . . . . . . . . . 2
Kerry’s Korner . . . . . . . . . . . . . 4
America. . . . . . . . . . . . . . . . . . 13
District News . . . . . . . . . . . . . 15
Tips For Preparing
For Conference . . . . . . . . . . . 17
CMCI. . . . . . . . . . . . . . . . . . . . 20
Disclosure Of Records Scheduled To Be Discussed
During Open Meetings Section 103(E) Of The
Open Meetings Law
By: Robert Freeman
Exec. Director for Committee
on Open Government
NYS Department of State
Newly enacted section 103(e) of
the Open Meetings Law is the most
significant change in that law in the
past 30 years.
The amendment addresses
situations brought to the attention of
the Committee on Open Government
on many occasions that led to
the Committee’s submission of
To Contact Bob:
recommendations to the Governor Committee on Open Government
Department of State
and the Legislature. Often a public
One Commerce Plaza
body may discuss an issue and refer,
Suite 650
for example, to “page 3, second
99 Washington Avenue
paragraph” of a record that the
Albany, NY 12231
public has never seen. Even though
Phone: (518)474-2518
Fax: (518)474-1927
the meeting is open to the public,
www.dos.state.ny.us/
coog
those in attendance may have little
understanding of the discussion.
be made available in paper form in
response to a request.
The provision approved by
Governor Cuomo earlier this year Two categories of records
is the result of negotiations led by fall within the coverage of the
local government associations that legislation: first, those that are
are designed to reflect reality and to accessible under the Freedom of
ensure that government agencies are Information Law (referenced as
not required to do the impossible. Article Six of the Public Officers
Great care was taken to ensure that Law in the legislation and known
the legislation would not involve an by many as “FOIL”); and second,
unfunded mandate.
“any proposed resolution, law, rule,
When a record “is scheduled
to be the subject of discussion
by a public body during an open
meeting”, the legislation requires
the public body, with reasonable
limitations, to make the record
available to the public prior to the
meeting. Optimally, the record
will be made available online; if
that cannot be done, the record can
Town Recorder
based on the recognition that some
units of government may not now
have the resources, the technology
or the expertise to post records on
a website. The pace of change,
however, is dramatic, and within a
very few years, there will likely be
few agencies that will be unable to
meet the goals of the amendment,
and posting records online will
become the norm.
It is likely, too, that the
legislation will, in the long run, save
the government and the taxpayers’
time, effort and money. The great
majority of records are produced
and stored electronically, and when
they are posted on a website, most
potential users of the records will
have the ability and, in fact, prefer
to review and obtain them online.
When they do, there will be no need
to attempt to gain access following
the submission of a FOIL request.
From the government’s point of
view, disclosure online will reduce
or even eliminate the need to retrieve
records,
prepare
photocopies,
complete and maintain materials
associated with charging fees for
copies, or respond to requests. The
records will simply be there for the
taking.
regulation, policy or any amendment
thereto…”
The following questions are
among those that have arisen so far.
The
amendment
clearly Q. Where can an agency find
does not create an “unfunded assistance in developing and
mandate”, for its last sentence maintaining a website?
states that an agency “may, but A. The Committee on Open
shall not be required to, expend Government website (found by
additional moneys to implement googling “coog”) includes a report
the provisions of this subdivision.”
continued on page 7
That aspect of the legislation is
2
Spring 2012
2011 Clerk and Registrar FAQs
bulletins.
seen. Whatever policies you follow
we suggest that you be consistent
with all applicants.
3. Forms – is there a central
location listing all birth, death, and
marriage forms and the instances 2. For marriages, can we see
when they are to be used, such as a “notarized” birth certificate from
corrections/amendments?
another state?
By: James O’Connor
Field Representative
NYS Dept. of Health
All forms are listed on the DOH 2230
form provided to local registrars for
ordering forms. If you are unsure
or have any question about when to
use a specific form please contact
Vital Records Registration Unit by
email.
General Questions-
This answer is the same as answer
#1.
3. Is there an amount of time
after a marriage where a woman
is required to change her name
if it is indicated on her marriage
certificate?
4.Is there an updated list
1.
Can
we
mail
death of contact people for the DOH Not that we are aware of or anywhere
certificates & marriage certificates including phone numbers, email, in Domestic Relations Law. DMV
fax, and postal address?
or Social Security may have a clock
in the same envelope?
that is ticking after the marriage
Clerks
and
Registrars
should
e-mail
date. These are the agencies where
Yes. Births and death are to be
mailed weekly if you are filing an the Registration Unit at (clerks@ the name is usually changed.
or registrar@
appreciable number. Marriages are health.state.ny.us
mailed twice monthly. Please keep health.state.ny.us) or for urgent 4. How does someone other
than the bride or groom obtain a
all certificates separate if using matters call us at 518-474-8187 .
copy of a marriage license. (Ex. the same envelope to mail all the
5. How do we go about getting husband needs copy of his ex-wife’s
certificates.
our fees increased since they are set new marriage license to stop paying
alimony.)
2.When will the registrar’s by the State?
manual be updated?
Can the
Manual be put online at the State’s The fees are legislated and individual If the court requires it, the court
web site in a manner that only increases can be legislated (ex. – can request it. In 1995 DOH has
instructed local municipal clerks
Registrars would have access? That City of Oswego).
to keep a list including applicant
way we could have quicker access
Marriage
Questionsnames, municipal residence, and
to UPDATED material. There are
date the license was issued. This
instances where the book says one
1.
Is
a
long
form
birth
list can and should be available to
thing, training says another and we
are told something else when we certificate required for obtaining a anyone upon request.
marriage license?
call.
5.If the computer program we
Domestic
Relations
Law
states
use for marriage licenses was able
The local registrar manual is
the
Clerk
has
the
right
to
query
to print all information, including
not currently available on-line.
However, the manual can be information regarding the couple, the boxes from the form, could we
requested to be sent electronically therefore the clerk may ask for eliminate the license application
via email to registars upon request. whatever documentation the clerk form and use blank paper to print
Changes in procedures are generally requires to satisfy his/her query and them?
communicated via supplemental issue the license. NYS recommends
continued on page 13
that a birth related document be
Spring 2012
3
Town Recorder
Dog Licenses and a Town Clerk’s Duties
about and asks: “which of you dogs
is vacationing for the month in my
town and which of you are planning
to plotz here permanently? BTW,
you “purse dogs” don’t have to
answer - it’s obvious”.) But, back
to the basics.
By: Kerry Marsh, Esq.
Dogs are everywhere, and dog
owners abound. Dog owners owe
a visit to their town clerks to license
their canines in accordance with
the “new” law found in Article 7 of
the Agriculture and Markets Law.
As some of you know, many years
ago I wrote concerning your duties
in relation to dog licensing. Since
then, in a cost cutting move by the
Paterson administration to save an
estimated $750,000 annually, major
changes have been enacted as part
of the 2010-11 Budget (Chapter 59,
Laws of 2010). Interestingly, when
researching the law for this article,
I found that licensing of dogs in
New York City goes back at least
to 1894. But of course, the law
then and the current law usually
do not apply to cities of over two
million- meaning New York City.
There is an exception to this worth
mentioning: when a dog, owned by
a resident of the “City “ or a nonresident of the state outside of NYC,
is “harbored”-meaning to provide
food and shelter- within an outside
municipality, that municipality may
exempt the dog from the licensing
and identification laws for a period
of thirty days provided that the dog
is finally licensed by law of the
area of residence. (Okay, so I guess
your Animal Control Officer travels
Town Recorder
The Governor’s Budget Bill
of 2010, in sum, said that the
Department of Agriculture and
Markets is now out of the dog
licensing business, and that you as
town clerks (and other municipal
clerks) are taking over in full. The
Department of Agriculture and
Markets would no longer maintain
the statewide data base of dog
licensing information or mail
renewal forms to your constituents
owning dogs, or provide tags.
As your lobbyists and with your
Association leaders, we naturally
protested this change for a number
of reasons, including probable
increases in costs, administrative
implementation issues and the like,
even though the new plan offered
a “sweetener”, whereby the towns
and other municipalities could pass
their own local laws (subject to
certain restrictions later mentioned)
setting their own municipal fees
and programs for dog licensing and
control.
bill would add another “unfunded
mandate”
and
administrative
entanglement to your already busy
schedules.
The
bill,
introduced
at
the behest of the Coalition to
Protect and Rescue Pets, (and, as
explained to Donna Conlin by its
spokesperson intended to “raise
public awareness”), would limit
the devocalization of dogs and cats
to instances of medical necessity.
Veterinarians would have to keep
stringent records and then transmit
them to the municipal clerk where
the devocalization took place. You
must then retain these records for
four years. We have spoken to the
sponsors and in swift response to
our concerns they have advised the
bill will be amended to eliminate
this bureaucratic burden on town
and other clerks.
Editors Note: Check pending
legislation for updates
LICENSING
As of January 1, 2011, the
Department of Agriculture and
Markets ceased altogether to
administer dog licenses; rather,
these duties were pushed to the
municipalities. As a town clerk,
So off we go to outline the latest you must be diligent in licensing: if
law regarding your dog licensing you fail to follow the rules precisely,
duties, and then we will review your town could be held liable.
several bills before the Legislature
that could, if passed, affect your As fully implemented, dog
duties as a town clerk. But first, licensing is almost fully the purview
there is one bill in particular, as of the local municipalities and their
proposed in S6167 (Zeldin [ms])/ clerks.
But, the municipalities
A3431 (Zebrowski [ms]) that would in return can now determine and
require new record keeping by town retain all the licensing fees, except
clerks, which also led me to write
continued on page 9
this update. As now written, this
4
Spring 2012
Notary News
office supply chain store. When I
placed the order in-person, the sales
clerk utilized a computerized order
system to conduct the intake of all the
pertinent data for the new embossing
seal and inked stamp. The order
processing went fairly smoothly
up until the sales clerk asked me
for the commission registration
number. Without actually going into
my qualifications, I very kindly and
politely explained to the person that
By: Alfred “Al” E. Piombino
the number wasn’t actually required
Q: Must a New York Notary Public by law. (I also prefer to omit it
include a registration number within because it helps make the stamp less
the “statement of authority” marked costly and easier to read with four
beneath his or her official signature? lines instead of five.) Reluctantly,
the sales clerk totaled the order,
A: No.
Recently, I replaced my official collected my money and my order
Notarial instruments – the official arrived in a couple of weeks.
seal and inked marking stamp. I
purchased the items at a national, In my work with Town Clerk/
Notaries all over New York State,
I observe that some incorporate the
use of the state commission number
in their marking stamps and some
do not. Moreover, I have recently
seen published information that
incorrectly asserts that inclusion of
the number isn’t required outside
of New York City, but mandatory
within New York City. Town Clerks
have also contacted me and asked if
it is necessary. The answer is no.
Though some states do stipulate
that a notary public include state
commission numbers in a marking
stamp, and in some cases, an
embosser seal, most in the Northeast,
including New York, New Jersey
and all six states of New England
do not – and they never have. The
continued on page 11
Vendor Listing
for the 30th
Annual Conference
(This is just a sampling of vendors that will be at the
conference. This list includes vendors who registered
early.)
Facility & collections surveys
Document treatment
• Cleaning
• Mending
• Deacidification
Encapsulation
Rebinding
Restoration
Binder Construction
Digitization
Auctions International - Auctions
BAS (Business Automation Services) - Software
KOFILE Preservation (formerly Brown’s River) Preservation
General Code – Document Management
IMAS – Credit Card/Software
Municipay – Credit Card
NYMIR - Insurance
Software Consulting Associates - Software
Virtual Towns & Schools – Web Design
Williamson Law Book – Software/Minute books, etc.
Spring 2012
ECS – East
6204 Corporate Park Dr.
Browns Summit, NC 27214
800.444.7534
ECS – Midwest
1010 N. Sycamore St.
North Manchester, IN 46962
800.334.3628
ECS – West
121 Avery St.
Walla Walla, WA 99362
800.253.5456
WWW.ETHERINGTONCS.COM
5
Town Recorder
President’s Message
directly off the Hilton parking lot.
Also, Joanne Costley is finding that
special something to commemorate
our 30th Anniversary. Carol is also
hosting an orientation for new clerks
and first time attendees at 4:30 PM
in Broadway. Remember rooms are
available at 4 PM and the hotel will
work to accommodate you earlier if
your room is ready.
Don’t despair if your room isn’t
ready. There is much to do at the
hotel and in Saratoga too. Third
VP Lisa Cooper has arranged a
shopping experience for you with
some special vendors near the lobby.
Lisa and Co-Chair Becky Connolly
have secured many vendors for you
to visit between sessions.
continued from front page
seller.
Donna Arquiett, Flo Santini
and Jane Ike want to remind you to
bring your baskets or items for the
Fun-Time Auction.
The money
raised helps to fund our many
scholarships.
The Scholarship
Committee chaired by Deb Allen,
Carol Brandon and Pam Kula are
currently reviewing the scholarship
applications to award at conference.
We are also pleased to once again
offer a Notary Class on Sunday
afternoon. The Honorable Alfred
Piombino will teach a class for all
clerks aspiring to be a notary. The
Department of State will give the
on-site test on Tuesday afternoon.
All of this information is in your
packet.
been traveling around the state to
visit with Oz experts. This event is
always lots of fun and I can’t wait to
see all of the costumes and skits.
Bright and early Monday
morning we will hold our opening
ceremony and Annual Business
Meeting. Anna Halkowich, County
Liaison and Banner Chair invite all
County Associations to participate
in the procession, so bring your
banners.
Our Business Meeting is the one
time each year, that the membership
hears reports and votes on important
matters. Treasurer Bambi Avery
is busy working on the 2012-13
Budget, which will be presented
for approval at our meeting. The
Souvenir Chair Kathi Rickman
legislation committee members,
will have some 30th Anniversary
Donna Conlin, Betty Neville, and
logo items for sale. Kim Pinkowski Sunday night means mixer and Susan Haag are working with
has been a busy gal this year, chairing the emerald is the gem of the 30th Counsel Kerry Marsh to present
the Clerk’s second cookbook Anniversary, so we will kick off information on pending legislation
fundraiser. The cookbook will be our conference with a visit to the that affects our offices and towns.
available for sale and distribution, Emerald City. I don’t know what You will also hear reports from IIMC
so clerks can take some back to Sharon Knight, Annette McNinch Chair Leslie Gross and Membership
their communities to sell. Our new and Judy Gravino have up their Chair Marie Little.
cookbook promises to be a best sleeves, but I do know they have
continued on page 12
800.639.3027
Perm anent Records Conservation
High-Density Mobile Shelving
Map & Plat Restoration/Storage System s
Im aging
www.brmco.us
info@brmco.us
join us on FACEBOOK!
Town Recorder
6
Spring 2012
Robert Freeman
that offers guidance and inexpensive
solutions to agencies that may not
have the expertise or technology at
present to fully realize the goals of the
legislation. The report, “Evaluating
the Importance of Technology and
the Role of Information Providers
within Local Governments in New
York”, is available under “News”
on the Committee’s homepage.
Q. The amendment states that
agencies should make records
scheduled to be discussed during
open meetings “to the extent
practicable as determined by the
agency.” What does that mean?
A. According to an ordinary
dictionary definition, “practicable”
means “feasible.” “To the extent
practicable” pertains to the ability
to take reasonable steps through
reasonable efforts to achieve the
goals of the legislation. If a record
scheduled to be discussed during an
open meeting is not delivered to the
clerk or other employee until a half
hour prior to the meeting, it would
not likely be “practicable” to post
the record on a website in advance
of the meeting. Similarly, it may
not be practicable to honor a FOIL
request for copies of the record in
such a short period of time.
Q. In a similar vein, is there a
specific time before a meeting that
records must be posted or otherwise
disclosed?
A. No. The legislation involves
doing so based on what is reasonable
and “practicable” in consideration of
attendant facts and circumstances.
Q. What if the record or records
scheduled to be discussed during
an open meeting are voluminous,
involving hundreds of pages that
are submitted to an agency on paper
- - must the agency scan the records
and post them online?
Spring 2012
continued from page 2
A. Again, due to the volume of
the materials and the effort needed
to scan, it may not be practicable
to do so, particularly if the records
come into the possession of the
agency a short time prior to the
meeting. On the other hand, if the
records are prepared and submitted
electronically, i.e., on an agency
computer, via email or on a cd,
posting them online may involve
little effort and could eliminate
time and effort associated with the
preparation of paper copies.
Q. What if there are records
scheduled to be discussed during an
open meeting that include portions
that may be deleted or redacted?
A. This goes to the heart of what
may be “practicable”. In some cases,
it may be easy to redact portions of
records while making the remainder
available. For instance, if a database
includes fields consisting of both
accessible and deniable data that can
be readily segregated electronically,
those portions that are public might
be posted without unreasonable
effort. In others, those in which
portions of records can only be
redacted manually, and only then
with substantial expenditure of time
and effort, it may not be practicable
to do so prior to a meeting.
Q. What if a record is posted
online, but a member of the public
wants a paper copy of the same
record at the meeting?
A. In that situation, as in others
in which records are requested, the
agency is required to accommodate
the applicant when it has the ability
to do so. In this instance, the
agency would be required to accept
a FOIL request, but it could charge
the appropriate fee for copies. If it
is practicable to do so, the agency
should provide copies at the
7
meeting.
Q. Must agencies post records
online, even though no request has
been made to do so?
A. To accomplish the goals of
the legislation, yes, an agency must
do so when practicable. As indicated
earlier, the report, “Evaluating the
Importance of Technology”, offers
sources of inexpensive technical
guidance.
Q. Does a request need to be
made in writing prior to the meeting?
A. An agency can require that
a request be made in writing, and
it may accept verbal requests.
Whether records are provided prior
to or at the meeting depends on what
is practicable.
Q. What if a person asks to
inspect a record during an open
meeting?
A. The agency may, but is not
required to, provide access free of
charge at the meeting.
Q. Must agencies make copies
of records prior to meetings if there
has been no request to do so?
A. While an agency may choose
to prepare copies for distribution at
a meeting, there is no obligation
to do so unless a request has been
made.
Q. If redactions have been
made prior to posting online or the
preparation of copies, but the agency
has done so without having received
a FOIL request, must the reason for
the redactions be explained?
A. The reason for a denial
of access must be given only in
response to a FOIL request. While
an agency may choose to offer the
reason for a redaction that it posts
or distributes absent a FOIL request,
there is no obligation to do so.
Q. Items referenced on an
continued on page 10
Town Recorder
Fun Time Auction
Oz – Emerald City” to coincide with NYSTCA 30th
Anniversary. Emerald is the stone of choice for the thirty
year anniversary. It’s always fun to see the variations,
imagination and thought put into the baskets.
By: Donna Arquiett
Colton Town Clerk
District 9 Director
Fun Time Auction Chair
The Fun Time Auction is a collection of “baskets”
which contain items from each County on display
throughout the NYSTCA Conference, to be bid upon by
silent auction. The baskets will be numbered and a bid
sheet will be placed next to each basket. You can check
your bid in between classes and re-bid if someone has
outbid you. You will be notified if you are the winning
recipient of a basket by conference end.
We ask that the baskets put together aren’t too large,
simply because of the display area and transportation
issues for the winner of a large basket. It’s not mandatory
to apply the theme to your basket. We appreciate all the
effort put into whatever you may include in the basket.
Please try and have the basket in the display area as
soon as you arrive. There will be signage.
The theme of the Conference is usually what dictates
the basket contents. This years’ theme is “Wizard of Thank you in advance for your cooperation.
Monday Night Dinner and a Show
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8
Spring 2012
Kerry’s Corner
specified mandated surcharges.
Historically, the fees collected
from licensing were divided
approximately fifty-fifty with the
state. The “new” law allows the
town (or any municipality) to
set the fees and actually “make”
money, which hopefully will cover
the mailing costs for renewals,
tags, administrative costs, but
according to statute, can be used
only for controlling dogs, enforcing
the dog licensing law, subsidizing
the spaying or neutering of a dog,
including providing and maintaining
facilities thereof (Agriculture &
Markets Law, §116) (all references
hereafter are sections of this law).
For example, pursuant to its local
law, one town charges $15.00 total
for an unspayed or unneutered
dog, forwards the mandated $3.00
surcharge to the State and retains
$12.00. For a spayed or neutered
dog, it charges $8.00 with $1.00
surcharge going to the state. Please
remember that the law requires that
there be at least a $5.00 difference
between the “total” fee for a fixed
dog and the “total” fee for an unfixed
dog (§110(i)). Also your town
might consider passing a local law
setting new fees earlier than later
because under the law a county can
administer a dog licensing program
for all municipalities within its
boundaries (§ 107 (6)). While the
setting of a new town dog licensing
fee or program will not prevent
this, it does at least set a stake in
the ground hopefully keeping local
control.
With some exceptions for
particular counties outlined in
the statute, application for a dog
license for dogs aged four months
or older are made to the clerk of the
Spring 2012
continued from page 4
town, village, city, or county where
the dog is harbored (§ 109 (b)).
Applications must state: Sex; Actual
or Approximate Age; Breed; Color;
Municipal Identification Number;
Other
Identification
Marks;
Owner’s Contact information; and
Other information as a municipality
may so require.
Applications shall also include: the
License fee; Certificate of rabies
vaccination,
or
Veterinarian’s
statement in lieu of a rabies
certificate; a Spay/neuter certificate,
or Affidavit of spay/neuter signed
by owner; a Surcharge for altered
and unaltered animals. (Note, that
the town may exempt licensing fees
for guide, hearing, service, war,
working search, detection, police
or therapy dog, provided that the
license issued must categorize this
conspicuously.)
As listed above, applicants must
present a statement certified by a
licensed veterinarian that the dog has
been vaccinated to prevent rabies,
or in lieu, a statement certified by a
licensed veterinarian that, due to old
age or another compelling reason,
the dog’s life would be endangered
by administration of the vaccine.
The clerk must make a record of
the statement and file it with a copy
of the license. Owners of spayed
and neutered dogs must present
a certificate signed by a licensed
veterinarian or an affidavit signed
by the owner showing that the
dog has been spayed or neutered,
provided the certificate is not on file
with the dog control officer. In lieu
of the spay or neuter certificate, an
owner may present a statement by a
licensed veterinarian that the life of
the animal would be endangered by
the procedure. Such a dog’s license
9
would be the same as an altered
animal (§ 109).
All municipalities are required
to provide for the assessment of
a surcharge of at least $1.00 for
spayed/neutered dogs and at least
$3.00 for unspayed/unneutered
dogs (§ 110), which surcharges
are sent to the state for purposes
of carrying out animal population
control efforts by the Department
of Agriculture and Markets (§117a). Furthermore, your town may
levy a surcharge for the cost of
“enumeration” - counting of all dogs
within a town’s border. A number
of town clerks have mentioned to
me that they would like to keep the
above surcharges for animal control
uses in their towns, which are listed
under §116.
When
you
validate
the
application (§109(c)), it becomes a
license. Once validated, you must,
• Provide a copy of the license to
the owner,
• Retain a record of the license,
which shall be made available to the
commissioner of Agriculture and
Markets upon request for “rabies
and other animal disease efforts.”
• Issue a municipal identification
number (a “tag” paid for by the town
for rabies and other animal disease
control efforts). That identification
number must be worn on the dog’s
collar at all times, unless the dog
has been issued a “dog show”
exemption from wearing the tag,
but only during show participation.
You can offer a “purebred” license
with any number of tags imprinted
with the purebred license number at
the expense of an owner. This tag
much be affixed to the collar of such
continued on page 14
Town Recorder
Robert Freeman
agenda that are administrative in
nature and often approved or adopted
as part of a single, all-inclusive
motion with one vote during an
open meeting, such as vouchers,
abstracts involving expenditures,
or other administrative matters that
are routinely considered and acted
upon without deliberation by a
public body. Do they fall within the
coverage of the amendment?
A. Maybe. The amendment
focuses on records that “are
scheduled to be subject of
discussion.” If there is little or no
likelihood that a discussion will
be substantive or that it will not
be the subject of discussion, the
amendment would not apply. If
a record is of a substantive nature
that may warrant substantive
consideration, it should be available
prior to the meeting to honor the
intent of section 103(e).
Q. Perhaps the most frequently
asked question relates to the
memoranda, research materials and
similar documentation that might
have been prepared in support of or
opposition to a proposed resolution,
law, rule, or policy, for example.
Are records of that nature covered
by the amendment?
A. No. Memorandum and other
background materials are not the
records that “are scheduled to be the
subject of discussion”; the text, if it
exists, of the proposed resolution,
law, rule or policy would be the
record scheduled to be discussed and
made available when practicable to
do so. Moreover, often memoranda
and other background materials
fall within the provision in FOIL
continued from page 7
concerning “inter-agency or intraagency materials” [section 87(2)(g)].
Insofar as those materials consist of
advice, opinion, recommendation
and the like they may (but need not)
be withheld. Unless those portions
of the materials are effectively
disclosed prior to or during open
meetings, i.e. by reading them aloud
or publicly explaining their content,
an agency may continue to withhold
them. It is emphasized, however,
that portions of those materials
consisting of statistical or factual
information or that reflect existing
policy are accessible to the public
that must be disclosed on request,
but not necessarily pursuant to the
amendment.
Q. What about drafts?
A. A draft maintained by or for
an agency is an agency record that
falls within the coverage of FOIL
and would constitute “intra-agency
material.” Again, the content of
that material would ordinarily
determine the extent to which it
must be disclosed, or conversely,
may be withheld. If the draft is a
proposed resolution, law, rule or
policy, and if it is scheduled to be
the subject of discussion during an
open meeting, it would fall within
the coverage of the amendment and
must be posted online or otherwise
made available on request to the
extent practicable. To the extent
that it is not one of those items, but
is scheduled to be discussed during
an open meeting and consists of
statistical or factual information or
is reflective of existing policy and,
therefore, would be available under
FOIL, it, too, would be subject to
disclosure under the amendment.
Q. Does the amendment include
records such as those relating to
persons who may be hired or firms
that might be retained or hired
by an agency to provide goods or
services?
A. No. If a discussion may
be conducted during an executive
session, it can be assumed, unless
a decision to the contrary is
specified, that such records will
not be scheduled to be the subject
of open discussion. Consider the
grounds for entry into executive
session appearing in section
105(1) of the Open Meetings Law,
particularly paragraph (f). The
provision permits a public body
to enter into executive session to
discuss “the medical, financial,
credit or employment history of a
particular person or corporation, or
matters leading to the appointment,
employment, promotion, demotion,
discipline, dismissal or removal of a
particular person or corporation…”
With time, there will likely be more
questions that are raised regarding
the scope and obligations imposed
by the new section 103(e). We
will do our best to answer them
quickly, reasonably, and in a
manner consistent with the direction
provided by the law. Compliance
will increase confidence in
government, encourage the public
to participate more fully, precipitate
constructive
comments
and
recommendations, and generally
enable the public to know more
about what the government plans to
do and is doing.
VISIT US ON THE WEB @ WWW.NYSTCA.COM
Town Recorder
10
Spring 2012
Notary News
continued from page 5
particular state statute causing the
confusion, New York Executive
Law Section 137, is admittedly
difficult to read; however, mentions
of “official number or numbers”
speak to locally-issued numbers
issued by county clerks prior to the
period of time when some New York
State County Clerks actually issued
Vintage Notarial “Statement of Authority”
Courtesy of Onondaga County Clerk’s Office
numbers. (See the accompanying
illustrations depicting specimen
Notarial stamps marked on recorded
New York property deeds circa
1948) Bear in mind that this also
coincided with the period during
which the jurisdiction of a Notary
Public was limited to the county of
his or her residence. However, none
of the County Clerks in New York
State issue numbers today; nor does
the Office of the Register [of Deeds]
in the City of New York (there are
actually five offices – one for each
of the five New York City counties.)
In fact, even though it is mentioned
in state statute, the New York City
Register of Deeds does not record
certificates of official character
from a notary public; accordingly,
the Register does not issue any
number to a notary. The New York
Spring 2012
State Department of State issues
the sole commission number, but
that number is not mentioned in
the aforementioned Executive Law
Section 137 and is not required in a
notarial statement of authority.
Executive Law Section 137
states “In exercising his powers
pursuant to this article, a notary
public, in addition to the venue of
his act and his signature, shall print,
typewrite, or stamp beneath his
signature in black ink, his name, the
words “Notary Public State of New
York,” the name of the county in
which he originally qualified, and
the date upon which his commission
expires and, in addition, wherever
required, a notary public shall also
include the name of any county
in which his certificate of official
character is filed, using the words
‘Certificate
filed
...................
County.’”
Early in his notarial experience,
to better understand this somewhat
arcane and labyrinth process, the
author conducted research and
actually obtained a certificate of
official character from the county
clerk’s office in which he qualified.
Then, I took the certificate of official
character and filed it in another
county clerk’s office. I chose the
New York County Clerk’s office
located in the Borough of Manhattan
in New York City. Upon filing and
paying the required fee, the county
clerk’s employee told me personally
that the County Clerk’s Office “does
not issue a number”.
In conclusion, whether or not a
Notary Public decides to incorporate
or omit the state commission
number, it in no way compromises
the integrity of the notarial act. To
prevent an unsuspecting person
from suffering any unintended
consequences of misunderstanding
“A notary public who has the law, Executive Law Section
qualified or who has filed a certificate 137 states “No official act of such
of official character in the office of notary public shall be held invalid
the clerk in a county or counties on account of the failure to comply
within the City of New York must with these provisions.”
also affix to each instrument his
official number or numbers in black Alfred E. Piombino is the leading New
and national notary law and
ink, as given to him by the clerk or York
practice expert. As a professional speaker,
clerks of such county or counties Piombino's expertise, dynamic style and
at the time such notary qualified in rare humor help participants navigate
such county or counties and, if the through confusing state laws, procedures
and concepts. Over the past 25 years, he
instrument is to be recorded in an has personally prepared tens of thousands
office of the register of the City of of people from across New York to pass
New York in any county within such the official examination. Piombino is the
of nine books, including Notary
city and the notary has been given a author
Public Handbook: A Guide for New York,
number or numbers by such register Fourth Edition, a litigation expert witness
or his predecessors in any county and is listed in Who's Who in American Law.
or counties, when his autographed He has held both elective and appointive
offices, including Register of
signature and certificate are filed public
Probate, Fair Hearing Officer and Civil
in such office or offices pursuant to Service Commissioner. He may be reached
this chapter, he shall also affix such by email at piombino@alfredpiombino.
com or www.NotaryPublicLaw.us.
number or numbers.”
11
Town Recorder
30th Anniversary Cookbook Debut!!!!
By: Kim Pinkowski, RMC
Town of Kinderhook, Town Clerk
District 3 Director
The NYSTCA presents “Cooking with Friends” a Cookbook created by you our
Town Clerks and Deputies and Friends throughout our state in celebration of its 30th
Anniversary. The cookbooks will be delivered in Saratoga at our Annual Conference.
The books will be available for sale at our Souvenir Booth for $15.00.
We would also like to sign cases of the books out to each of the County Association
Presidents that are in attendance at the conference to take back to sell at their
hometowns. This is a good fundraiser for the Association to help fund scholarships
and other related expenses. So please be sure to purchase at least one or two or three.
We received 650 of the most delicious recipes and I want to thank all of you that took
the time to send the recipes to create this unique cookbook for all to enjoy.
The cookbook will be available after the conference by mail for $20.00. Look for
order forms on the website after conference.
President’s Message
Each year we are looking for
new district directors to step up
and become actively involved in
our association. It is an honor
to be selected to be a district
director, but with that honor comes
responsibility and commitment to
work for and promote the New York
State Town Clerk’s Association.
The
Nominating
Committee
chaired by Tina Ward Shuart, Betty
Neville, and Anna Halkowich are
filling upcoming district director
vacancies. Please get in touch
with Tina or one of the committee
members if you are interested in
becoming involved.
continued from page 7
up with SkillPath’s Margaret
McMullen. She was a hit at last
year’s conference and she has
enthusiastically agreed to present
our ending session titled, “The Town
Time and Place Chair Kim Clerk - the Essential Leader: You’re
Pinkowski has planned a trip on a leader whether you acknowledge
Monday night to the Historic it or not.” After the session, we will
Georgian Lakeside Resort for convene, one more time, for our
an enjoyable evening of dinner Awards Luncheon.
and theater. In keeping with the
anniversary theme, we will enjoy As I finish this column I am filled
the very funny comedy “Westside with anticipation and excitement for
Reunion.”
April 22nd to arrive. As you can see
many people have been working to
On Tuesday night, our 30th bring this conference to fruition,
Anniversary
Committee
Boo many more than I have mentioned.
Fumagali, Donna Combs and Susan Please join us April 22nd – 25th
Education is the key reason that Haag have been planning an elegant at the Saratoga Hilton to help
we hold an annual conference and event since last summer. The Clerk celebrate the New York State Town
Vice President’s Chris Sampson of the Year will be honored and we Clerk’s Association 30th Annual
and Linda Gilbert have put together have invited many special guests. Conference. We’re 30 Years Strong!
a superb educational program The only thing I will divulge is I look forward to seeing you there.
for you. We are pleased to have that it will be a wonderful tribute
our own Becky Connolly present to every clerk who has ever been a
two sessions this year as well as member of this great association.
the DEC, DOH, State Archives,
and Comptroller’s Office. Bob
Freeman and AOT’s Lori Mithen On Wednesday, we will wrap
Town Recorder
and company will hold General
Sessions on Monday and Tuesday
and Nancie Segal will present her
popular health and wellness sessions
12
Spring 2012
AMERICA
By: Becky Connolly, MMC
Editor and President
of Association of Towns
Last Fall I had the opportunity to attend the National
Association of Towns and Townships (NaTAT)
meeting in Washington, DC, representing New
York State as President of the Association of Towns.
While there, I met Loren Ingebretsen, President of
the Minnesota Association of Townships who read
this poem he wrote. It speaks volumes and I wanted
to share it with you.
Department of Health News
Currently the license is printed by a
printing company and vendors are
not yet approved to make a shell
available to clerks.
continued from page 3
licenses are bringing short forms
of birth certificates with no parents
listed. They are primarily outof state people from New Jersey
and Pennsylvania, because of our
6. When looking at a foreign proximity to the state borders. The
birth certificate for a marriage same applies to clergy performing
license, do we need a certified ceremony, can we ask for affiliation
translation if an interpreter comes letter?
in with the couple?
Same answer as #1, a birth related
You are the issuing clerk and if this document. If you are okay with
situation satisfies your queries and the short forms for issuance of the
you feel comfortable with issuing license, issue the license. Do not,
the license, then you can issue the however, list the parents as unknown
license (See #1). The translator if not listed. Put the parents* names
should be an uninterested 3rd party. on the license as given to you by the
applicant (*we will not correct this
7.Applicants for marriage info at a later date).
Spring 2012
13
8. Can we ask for an affirmation
letter from the clergy performing
ceremony?
Clergy performing marriages in
New York City must register with
the City of New York. There is no
similar requirement for New York
State. If the officiant checks the
box stating religious ceremony and
uses a religious title (i.e. – minister,
priest, rabbi), then we will file the
marriage license. The officiant
cannot, however, check the boxes
stating civil or other. Their power
to perform a marriage comes from
their religion.
Town Recorder
Kerry’s Corner
continued from page 9
dog.
and these licenses expire no later
than the common renewal date prior
Pound and shelter managers must to the expiration date of the rabies
submit to you copies of the licenses certificate.
of dogs in their care. If your
town has a population less than Municipalities may establish and
one hundred thousand, they are issue purebred licenses and tags as
required, within five business days noted above with a surcharge of
of validation, to send a copy of the at least three dollars. Your town
license to the licensing municipality may exempt guide dogs, hearing
in which the dog is harbored. This dogs, service dogs, war dogs,
applies only to towns that have working search dogs, detection
authorized shelters to license dogs dogs, police dogs, or therapy dogs
by Local Law.
from the licensing fee. Moreover,
towns may issue special tags to
Licenses are not transferable. If identify such dogs (which must be
the owner transfers ownership on the dog’s collar in addition to the
of the dog, the new owner shall standard tag). Note, that according
immediately apply to the clerk for a to §111(4), the municipality offering
new license.
licenses for such “working” dogs
can prescribe the shape, size, color
In the event of a dog’s death, the and form of imprint of such special
owner shall alert the municipality. tag. Also, upon application, the
If the owner of a dog or the address Commissioner of Agriculture and
of the owner changes, the owner of Markets must furnish the special tag
record must file a report within ten without payment of a fee.
days with the municipality (Agri &
Mkts. § 112).
A town clerk performs his or her
licensing duties in conjunction with
Licenses are usually issued for one animal control officers who enforce
year and renewed annually (one the law. Dog control officers are
year is the minimum).
A town authorized to issue appearance
can elect, by local law, to have tickets and serve a summons. Most
multi-years licenses not to exceed transgressions of the licensing law
three years. It the town has this are violations. According to §117
option, the license cannot exceed of the Agriculture and Markets Law,
the rabies expiration date. Licenses it shall be a violation for,
cannot expire after the last day of
the eleventh month following the • Any owner to fail to license any
expiration date of the current rabies dog,
certificate. If a certified statement • Any owner to fail to have any
of rabies inoculation accompanies dog identified,
an application in lieu of a rabies • Any person to knowingly
certificate, the license will expire one affix to any dog any false or
year from the date of the statement. improper identification tag, special
Towns and other municipalities also identification tag for identifying
may set common renewal dates, guide, service, or hearing dogs or
Town Recorder
14
purebred license tag,
• Any owner or custodian of
any dog to fail to confine, restrain
or present such dog for any lawful
purpose,
• Any person to furnish any false
or misleading information on any
form required to be filed with any
municipality,
• Any owner or custodian of any
dog to fail to exercise due diligence
in handling his or her dog if the
handling results in harm to another
dog that is a guide, hearing, or
service dog,
• Any owner to fail to notify the
municipality in which his or her
dog is licensed of any change of
ownership or address.
It is the duty of the dog control
officer to bring an action against
anyone who has committed a
violation.
I hope this review serves as a guide
and reference for town clerks in
their dog licensing duties. Now
let’s review some of the other bills
before the legislature that could
affect your duties as a town clerk.
**********
PENDING LEGISLATION:
S. 5842 ESPAILLAT/ A 7140
MAGEE (Third Reading Assembly)
Subdivision 3 of section 109 of
the agriculture and markets law
allows for the establishment and
issuance of purebred licenses,
and this bill clarifies that the
assessment of a surcharge of three
dollars shall be charged per year
per dog. Municipalities that issue
purebred licenses and collect such
continued on page 19
Spring 2012
DISTRICT NEWS
Oswego Town Historical Society District 5 News
Submitted by: Theresa Cooper, RMC/CMC
By: Debra Allen, RMC/CMC
Oswego Town Clerk
New Haven Town Clerk
District Director, and
Ruth Ann Hammond, RMC
Croghan Town Clerk
Jefferson County Clerks and Collectors, along with
Ruth Ann Hammond, Town of Croghan, Lewis County
and Jefferson County Treasurer Karen Kristie and
Deputy County Treasurer Linda Cappone held their
County/Christmas meeting on November 30th at Pete’s
Restaurant in Watertown.
District 5 hosted a training class for new clerks on
November 29th at the New Haven Town Hall. Twelve
new clerks, deputy clerks and clerks who have been in
office for only a couple years attended as well as one
newly retired clerk. The session was taught by Becky
Connolly.
The Dr. Mary Walker statue became a project of mine
for the Oswego Town Historical Society many years
ago kicking into high gear in 2008. It was a labor of
love because this woman was so ahead of her time on
so many levels. She is the only woman to receive the
Congressional Medal of Honor. She was awarded this
medal for her heroic acts as a doctor during the Civil
War. She lectured, wrote books, was a teacher and
advocate for woman’s suffrage and dress reform. She
wore men’s attire which was more comfortable and was
ridiculed for doing so during her lifetime.
A contest was held in District 5 to encourage
submissions to the cookbook. Prizes were awarded to
Barb McEwen of Volney and Ruth Ann Hammond of
Croghan who tied for the most recipes submitted.
Most of the money raised was from the citizens in
our community and a handful of local businesses. A
formal dedication will be held on May 12, 2012 in front
of town hall where the statue now stands. If anyone is
in the area please join us for a wonderful celebration of
this great woman.
Spring 2012
15
District 4 News
By: Donna A. Combs, RMC/CMC
Warrensburg Town Clerk
District Director
We have been getting settled into routines, getting
conference stuff together for our Districts (Mixer skits,
anyone?) and working on helping the new Clerks get
acclimated. As we remember our first year in office
continued on page 16
Town Recorder
DISTRICT NEWS
continued from page 15
when we were new Town Clerks, we welcome phone
calls with open hearts. A special welcome to Julie
Millet, Town of Whitehall, Shelly McKernon, Town
of Argyle, Patricia Smith, Town of Chester, and Carol
Shemo from the Town of Ballston.
Columbia County:
Copake-Lawrence Proper
Ghent-Michele Radley
Hillsdale-Ruth Dodds
Greene County:
Reminder, the Banquet Committee is still accepting Jewett-Maya Carl
donations for our many surprises for all of you for the Greenville-Jackie Park
Anniversary Conference in Saratoga this year.
Schoharie County:
We hope to visit some of the District Four Town Blenheim-Robin Alley
Clerk County Association meetings in 2012.
Broome-Megan Wood
Summit-Christy Dahms
Wright-Lynn Herzog
DISTRICT 3 News
By: Lisa French
Sidney Town Clerk
District Director and
Kim Pinkowski, RMC
Albany County:
Westerlo-Kathleen
Spinnato
Kinderhook Town Clerk
District Director
Otsego County:
Butternuts-Jacqueline
Foster
Edmeston-Linda Eriksen
Hartwick-Sarah McGuire
Roseboom-Jeremy Seeley
Delaware County:
Andes-Kimberly Tosi
Davenport-Linda Adams
Middletown-Patricia
Kelly
Tompkins-Michelle
Phoenix
Rensselaer County:
Nassau-Sandra Rings
Stephentown-Stephanie
Wagar
Schenectady County:
Niskayuna-Michelle
It’s the start of a brand new year, and for all of those Martinelli
clerks who were affected by Hurricane Irene and Rotterdam-Diane Marco
Tropical Storm Lee, we hope it is a much better year
for you!
We hope everyone’s making plans to come to the
Congratulations to all of our re-elected town clerks and Conference. It’s sure to be a wonderful time and we
a warm welcome to our newly elected town clerks in look forward to seeing you there
District Three. You are in good hands and we are all
here to help you.
The New York State
Town Clerks Association
requests the pleasure of your company at a reception and banquet to celebrate
a thirty year anniversary party
Tuesday, the 24th of April, 2012
at six o’clock
The Saratoga Hilton
534 Broadway
Saratoga Springs, New York
Town Recorder
16
Spring 2012
Tips For Preparing For Conference
• Mail the forms with money (if applicable) to
address on forms
• Any special dietary needs, i.e.: gluten free,
food allergies-list
By: Georgette “Jette” Davis, RMC
Massena Town Clerk
Registration Chair
I am looking forward to following the yellow brick
road to “Emerald City” for our 30th Anniversary.
What better place than Saratoga to meet up with you
"At Hotel"
monkeys, munchkins, soldiers, and of course Dorothy,
• Anyone getting the hotel w/meals packet will
the Tin Man, the Lion, the Scare crow and the person
receive meal tickets when you check in at front
behind the curtain, the wonderful, Wizard of Oz.
desk.
• Any meal buy-ins for commuters, guests will
You should have received your conference packets
get your meal tickets from registration.
in the mail. If you haven’t processed them, you still have
• "Pick up your Conference Packet" includes
time! They are on our website too! Call me, Georgette
name tag, conference info, map-layout of hotel,
Davis at 315-769-5228 for any registration questions.
look over your course choices
Here are some “Notes to guide you thru conference”.
• Look for signs for Registration, Welcoming
These notes are mainly to help our new and first time
Table- new clerks
clerks who may not know what to expect. Some notes
will serve as a reminder to our veteran clerks on what
"Sign ups"
to look for. Have fun learning.
• Seating for the Banquet on Tuesday night
• Souvenir Silent Auction - Each county is
"Before conference"
asked to bring a basket to donate towards
• Fill out
both Conference and Hotel
auction.
registration forms completely
"Suggested dress for …."
• Mixer-Sunday (dress for the theme "Emerald
City" Wizard of Oz)
• Banquet-Tuesday (Business - Casual) *note
pictures will be taken of each County with all
clerks in attendance.
• Classes - Business - Professional
• Reception-Tuesday
with
vendors
professional – casual
• Wednesday- traveling day- casual attire
Agendas
Video Streaming
Minutes
E-Voting
Letters
Minutes/Transcription
Web Portal
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Learn more about how we can help you automate
your public meeting processes. Please contact us at
(631) 563-5033 or at www.IQM2.com
Spring 2012
Want to advertise?
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17
Contact: Rebecca Connolly, Editor
Town Recorder
Somerset Town Clerk
P.O. Box 368
Barker, NY 14012
(716) 795-3575
Town Recorder
Attention All County Associations!
Just a reminder to bring your County Association
banners to the New York State Town Clerk's Association
Conference in Saratoga April 22 – 25th. The Opening
Ceremony is at 8:30 a.m. on Monday, April 23rd, 2012.
Banners will be lined up at 8:15 a.m.
to attend with your banner. The banners will be on
display during the conference for all to enjoy.
If you have any questions please contact Anna
Halkowich, County Association Liaison, District 4
Director, Town of Warren, Phone # (315) 858-1207 or
The "Parade of Banners" gives the County email: akh3138@yahoo.com
Associations the recognition they deserve. Please plan
WELCOME TO “EMERALD CITY”
Our mixer will be held on Sunday, April 22, 2012 and
the theme is
Emerald City
in celebration of the
New York State’s Town Clerk’s Association’s
30th Anniversary
Emerald City provides many types of celebrations
including the trip to arrive, the actual arrival, being
there, or leaving by balloon or simply wishing “There
is no place like home”.
We will have judges available to crown the best
county/group act "EMERALD" FOR THE YEAR
We invite each county/group to put together and perform 2012. Please email Co-Chairpersons, Annette McNinch
their 1-2 minute performance of emerald city musical at twnclrk@rochester.rr.com, Judy Gravino, RMC
karaoke delight, skit or other created performance.
at townclerk@macedontown.net or Sharon Knight,
CMC/RMC at toaclerk@frontiernet.net the following
information.
Becky Connolly, President of the Association of
Towns and Somerset Town Clerk, met recently at the
Association of Towns headquarters with fellow clerks,
Susan Haag, Austerlitz, Donna Conlin, Schodack,
Patricia Favreau, Berne and Rebecca Haines, Ellery
to continue review of the “Blue Book” (Office of
the Town Clerk). They worked with Association
Attorney, Lori Mithen-DeMasi. The last edition of
the book was published in 1996. Numerous laws have
changed since then. It is the goal to have this book
updated and published for our Clerks this Spring.
L-R: Donna Conlin, Sue Haag, Becky Connolly, Lori MithenDeMasi, Becca Haines and Pat Favreau
Town Recorder
18
Spring 2012
Sign Up For County Association Breakfast
Officers of your County Association are invited to to share. Please sign up by Monday NOON at the
attend a breakfast meeting of the County Association Registration area. This is always a great round table
Officers and officers of NYSTCA on Tuesday morning discussion sharing ideas to stimulate your association.
at 8AM. Bring your questions, concerns, or ideas
Condolences Go To:
• Jill Campbell, Ira Town Clerk, on the passing of her Mother. May your fond memories live forever.
Get Well Wishes Go To:
• Jo-ann Raia, Huntington Town Clerk, as she recovers from surgery
Kerry’s Corner
continued from page 14
a surcharge must remit them to the In the case of a seized dog being
commissioner monthly.
redeemed or a dog being adopted
from a county dog animal shelter or
S 62 DIAZ/ A 2882 Millman pound, application for a license can
(Agriculture)
be made to the dog control officer in
S 62 relates to mandatory micro- charge of the facility or to the clerk
chipping of dogs by the age of four of the county in which the shelter is
months. Clerks should be aware situated.
that the bill creates a state registry
and requires certain information A 5762 THIELE/ NO SAME AS
about micro-chipped animals be This bill allows municipalities to
transmitted to that registry.
control the monies of dog licensing
fees. The law is amended to
S 61 DIAZ/ NO SAME AS
provide that any municipality with a
S. 61 requires all dog owners and population greater than 30,000 that
their dogs to complete a basic course operates its own approved animal
in obedience.
Upon successful population control program shall be
completion of such a course, the allowed to reinvest monies collected
dog obedience school shall issue from dog licensing fees into its own
a certificate to the owner. Upon existing animal control program.
presentation to a licensing clerk,
the clerk shall issue, free of charge, A 1327 RABBIT/NO SAME AS
a yellow metal tag for affixation on This bill allows municipalities to set
the collar at all times.
the licensing fees for unspayed or
unneutered animals. Municipalities
(Editor’s Note: Our Association has shall collect and keep all fees, which
filed memorandums on your behalf will be used only for controlling
opposing the previous two bills.)
dogs and enforcing all rules and
regulations and local laws and
A.6586 BLANKENBUSH/ NO ordinances.
SAME AS
Spring 2012
19
As the new licensing process goes
forward, we are often consulted
by legislators and staff regarding
how the law works in practice.
Therefore, as the state seeks to
consolidate agencies and reduce
costs, both statewide and locally,
it is important that your legislative
committee and officers hear from
you as to how to improve the animal
control and dog licensing program.
As with the “devocalization” bill,
we (and your officers and legislative
committee members) will take these
concerns and ideas to the Legislature
for redress and action. For many
reasons, dog licensing in some way
is here to stay; however, if putting
the laws into practice becomes
burdensome in terms of unnecessary
statutory regulations, mandates or
office procedures, you know firsthand how those can be reshaped to
help all stakeholders. Therefore, I
again urge you to communicate with
us as we go forward with legislative
proposals and initiatives affecting
your duties of office.
Town Recorder
Registered Municipal Clerk Program
conference this year, please get your application to me
by April 9th!
By: Bambi Avery, RMC
Committee Chair
Our Annual Conference and 30 year anniversary
celebration is fast approaching! And at conference
each year we recognize those individuals who have
received or renewed their Registered Municipal Clerk
certifications. What a great year to receive your
recognition!
Minimum requirements for a first time certification
are: member of NYSTCA for 3 years and 50 points
each in the education and experience categories. When
the certification is awarded we will notify your Town
Supervisor and your official newspaper.
If you still haven’t applied, I urge you to do so.
Currently less than one-third of the Town Clerks in
New York State have earned the RMC title. I know that
many of you are eligible and simply haven’t applied.
As Clerks we often focus on helping the public and
others in our organizations and communities, and aren’t
always very good at “tooting our own horns”. Get the
recognition you deserve! To receive your award at
The application is available on our website: www.
nystca.com (you should have received your user ID and
password) or you may obtain one by mail by contacting
me directly at 607-844-8888 ext 210 or townclerk@
dryden.ny.us. Please feel free to call me with any
questions you may have.
The Cornell Municipal
Clerks
Institute
(CMCI) will be held
July 8 – 12, 2012 at
Cornell University in
Ithaca, NY. CMCI is
a premium educational
opportunity provided
by a partnership between the City and Village Clerks
of New York State, the New York State Town Clerks
Association, New York State Association of Clerks of
County Legislative Boards and Cornell University’s
Community and Rural Development Institute.
International Institute of Municipal Clerks (IIMC)*.
City, town, village clerks to the County Legislatures,
and deputy clerks as well as other municipal officials
who seek professional development are invited to attend.
Participants gain new knowledge and skills, enhance
the administration of their office, and contribute to the
professionalism of their municipal governments.
Cornell University faculty, faculty from other
New York universities, as well as professionals within
the Cornell community serve as the instructors of
the Certified Municipal Clerks and Master Clerks
program. A certificate of achievement will be
awarded to participants who complete the Institute.
Completion of the full years at the Institute earns the
Clerks the necessary points towards certification by the
Town Recorder
20
Our association offers five (5) scholarships for
this phenomenal educational experience. Visit www.
nystca.com to get the application. Deadline is May
15th. More information about the Cornell Municipal
Clerks Institute can be found at www.cardi.cornell.edu.
*For more information on IIMC, please visit www.
iimc.com or contact the IIMC headquarters at (800)
251-1639 or hq@iimc.com.
UPDATE YOUR
DIRECTORY
Periodically, we will try to include any
changes that need to be made to your
directory. If your information in the
directory is not correct, kindly contact
the Membership Chairman, Marie Little.
She can be reached at: e-mail trclerk1@
rochester.rr.com or 716-772-2431 Ext. 10.
Spring 2012
MWM
MARSH, WASSERMANN & MCHUGH, LLC
KERRY D. MARSH, Esq. • EDWARD H.. Wassermann, Esq... • PATRICK J. McHugh
Government
Relations
Strategic
Planning
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Development
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phone: (518) 436-6000
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Facsimile: (518) 436-6009
Www.mwmlobby.com
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See why the NYS Municipal Workers’
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Call now and find out why price is only one of the reasons
to join!
Loren Pratt, Marketing Manager
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lpratt@wrightrisk.com
Spring 2012
21
Town Recorder
Clamp Down...
...on
Comp
Costs
In our current economy, every dollar must be squeezed,
twisted, pulled, pushed, wrung out and examined for every cent.
Consequently, the programs funded by public money must be
scrutinized for long-term value – what may seem good in the short
term could be detrimental years down the road.
PERMA understands this. We partner with our members to create workplace safety cultures,
decreasing their long-term workers’ compensation costs. And to help in the short-term, we deliver
outstanding claims and safety services with yearly increases that are LESS than the state average.
Our members know that short-term cost cuts gained by irresponsible pricing only hurts their
employees, their constituents and their bottom line.
Interested in controlling your workers’ comp costs?
Contact Mariella Frush,
Senior Account Manager
Public Employer Risk Management
Association, Inc.
9 Cornell Road, Latham, NY 12110
at mfrush@PERMA.org or
visit www.PERMA.org
Town Recorder
NEW YORK’S PREMIER PROVIDER OF WORKERS’
COMPENSATION FOR PUBLIC ENTITIES
22
Spring 2012
NYSTCA County Association Sponsors
• Albany-Schenectady Town Clerks Association
Collectors Association
• Cattaraugus County Clerks Association
• Nassau-Suffolk County Town Clerks Association
• Cayuga County Town Clerks Association
• Niagara County Municipal Clerks Association
• Chemung County Municipal Clerks Association
• Onondaga County Town Clerks Association
•Columbia-Greene Town Clerks Association
• Orange-Sullivan Town Clerks Association
•Erie County Town Clerks Association
• Oswego County Town Clerks Association
• Fulton County Municipal Clerks Association
• Rockland County Town Clerks Association
• Genesee County Town Clerks Association
• Saratoga County Town Clerks Association
• Herkimer County Town Clerks Association
• Schoharie County Municipal Clerks Association
• Jefferson County Town Clerks Association
• Steuben County Town Clerks Association
• Livingston County Association of
Town Clerks and Tax Collectors
• St. Lawrence County Municipal Clerks Association
• Madison County Town Clerks Association
• Wayne County Town Clerks
& Deputies Association
• Monroe County Association of Town Clerks,
Tax Collectors and Receivers
• Montgomery County Town Clerks/Tax
Spring 2012
• Tri-County Town Clerks Association
• Westchester Association
of Town Clerks
23
Town Recorder
New York State Town
Clerks Association
Rebecca Connolly
Editor, Town Recorder
Somerset Town Clerk
8700 Haight Road
P.O. Box 368
Barker, NY 14012
WELCOME
TO A NEW
LEVEL OF
PRSRT STD
U.S. POSTAGE
PAID
BUFFALO, NY
PERMIT NO. 2
CIVILITYfor
Discover new,
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Code of the
Town of
Washington
The Town Recorder is a publication of the
NYS Town Clerks Association, Inc.
NYSTCA Officers
Cindy Goliber, RMC, President
Christian Sampson, RMC, 1st V.P.
Linda Gilbert, CMC/RMC, 2nd V.P.
Lisa Cooper, MMC/RMC, 3rd V.P.
Bambi Avery, RMC, Treasurer
Susan Haag, MMC/RMC, Secretary
Tina Ward Shuart, MMC/RMC, Ex-Officio
Any and all submissions welcome:
Rebecca Connolly, MMC/RMC
Editor, Town Recorder
Somerset Town Clerk
8700 Haight Road, PO Box 368
Barker, NY 14012
(716) 795-3575 or fax (716) 795-9041
beckyconnolly@roadrunner.com
Publication Schedule:
Spring (mid-March), Summer (mid-June),
Fall (mid-Sept.), Winter (mid. Dec.)
Toll Free 855 GEN CODE | GeneralCode.com
(Deadline for submission is the 7th of the
month prior to publication)