THE TOWN GOVERNMENT

With the exception of the school district, which has to do only with the public schools, the town[1] or township is the smallest division of the State for purposes of government. The government of the town is the nearest approach we have to a direct government by the people themselves.

The Town Meeting brings people together to discuss their local affairs, to elect officers, and to appropriate the money necessary to carry out their plans. It is held in New York State every other year, some time between February 1st and May 1st.

The business of the town meeting includes the disposal of town property, the care of bridges and roads, the care of the poor, the number of constables, matters concerning public health, and the care of stray animals.

Any citizen has a right to bring up any suggestion he pleases for the people to consider and debate in open meeting, and then to take whatever action they choose. In a matter of taxation or incurring a town debt, only taxpaying citizens can vote.

Where it exists at its best, the town meeting has an admirable effect in stimulating interest in local affairs and in developing public spirit. A special town meeting can be called by a petition of twenty-five taxpayers, or at the request of certain officials.

The town meeting is a form of government particularly adapted to a small community. With the increase in population it has been given up in many counties, and the election of town officers now usually takes place at the regular fall election.

Town Officers: The Supervisor is the chief executive officer of the town, and is elected for two years. He receives and pays out all money except that raised for public roads and the care of the town poor. If the town roads are in bad condition or if the poor are not properly cared for, he is responsible. The honesty and efficiency of the administration of town affairs are in his hands. He represents the town on the county board of supervisors.

The Town Board consists of the supervisor, town clerk, and at least two justices of the peace. It meets regularly twice a year. It is the business of the board to receive the accounts of the town officers and examine them, to hear and decide claims against the town. An appeal may be taken from their decision to the county board of supervisors. They may also frame propositions to be submitted to the voters, and may borrow money to meet appropriations made at the town meeting. They may appoint a physician to aid as health officer for the town.

The Town Clerk is the general secretary and bookkeeper for the town. He records births, marriages, and deaths, chattel mortgages and property notes. He keeps the records of the town meetings. He posts election notices. He issues marriage licenses, permissions for burial, hunting licenses, etc.

The Superintendent of Roads has charge of building and maintaining the town highways, bridges, and culverts outside of the incorporated villages. He is paid by the day, and may hire machines and horses or purchase tools and material for road making. The opportunities for dishonest money in this office have sometimes made it sought after. A contract may contain a “rake-off,” bills may be padded, and materials accepted which are different from specifications.

Three Assessors and a Collector: The assessors determine the value of taxable property in the town, and divide the amount of taxes to be raised among the owners of the property. If a property-owner is dissatisfied with his assessment he may appear in August before the assessors and “swear off” what he considers an exorbitant amount. Assessment rolls are made out, and it is the duty of the collector to collect the money. Town collectors are paid 1 per cent. on taxes collected within thirty days after due, with increasing fees for collecting taxes after that time. This is an encouragement to the collector to be dilatory in his collections, and is a disadvantage to the town. It has been suggested that penalties for delinquent taxes should go to the town and not to the collector.

The Town Constables have the duty of keeping the peace and carrying out the orders of the justice of the peace. They may arrest people accused or suspected of crime. There may not be more than five in a town.

The Overseers of the Poor are charged with the duty of looking after persons who are destitute and have no relative to support them. They may assist such persons in their own homes or send them to the county poorhouse. This office often conflicts with that of county superintendent of the poor, and it has been recommended that it be abolished.

The Justice of the Peace is the judicial officer of the town. Each town has four such officers, each elected for four years. The justice of the peace may hear civil cases where the sum involved is not over two hundred dollars. He may try petty offenses of all kinds, breaches of the peace, drunkenness, and petty larceny. He may issue warrants and may hold persons suspected of serious crime to await action by the grand jury.

Terms of Town Officials: Each official is elected for two years, except the justices of the peace and sometimes one or two assessors, who are elected for four years.

Pay of Town Officials: Most of these officers are paid from two to four dollars for every day of actual service. The town clerk, justices of the peace, and constables are paid certain fees.