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OML-AO-4234

From: Robert Freeman
To:
Date: 7/28/2006 11:21:09 AM
Subject: Re: <SMILE>

Hi - -

There is in fact a provision in the Town Law that deals with situations in which neither a town clerk nor a town clerk's deputy can be present at a meeting. Section 30(10) of the Town Law states in relevant part that:

"In the event that the town clerk is absent or unable to act and there is no duly appointed and qualified deputy town clerk present and able to act, the town board may appoint as deputy town clerk any person other than a member of the town board, provided, however, that such person be qualified as provided in section three of the public officers law and section twenty-three of this chapter."

As I understand the foregoing, if neither the clerk nor a deputy clerk is available to take minutes at a town board meeting, the board can designate any resident of the town, other than a member of the board, to do so.

I hope that this is helpful to you.

Robert J. Freeman
Executive Director
NYS Committee on Open Government
41 State Street
Albany, NY 12231
(518) 474-2518 - Phone
(518) 474-1927 - Fax
Website - www.dos.ny.gov/coog/coogwww.html