§ 42. Deputy supervisor. The town board of any town may at any time
establish the office of deputy supervisor. The deputy supervisor shall
be appointed by the supervisor to serve at the pleasure of the
supervisor, and in case the office of supervisor becomes vacant any
deputy supervisor in office at the time such vacancy occurs shall
continue to serve until the successor of such deputy supervisor is
appointed. If the supervisor shall fail to appoint a deputy supervisor
within five days after the establishment of the office or within five
days after a vacancy occurs in the office, the town board shall have
power to appoint such deputy supervisor. During the absence or inability
to act of the supervisor, or while the office of supervisor is vacant,
the deputy supervisor shall preside, when present, at the meetings of
the town board and shall be vested with all of the powers and may
perform all of the duties of the supervisor under this chapter or any
other law, except that he shall have no vote in his capacity as deputy
supervisor on matters coming before the town board and he shall not
serve as a member of the county board of supervisors. Any person,
including a town officer, official or employee, may be appointed deputy
supervisor, provided that the person appointed shall possess the same
qualifications as an elective town officer. Before he shall perform any
function as such, the deputy supervisor shall take and file the
constitutional oath of office and execute and file an official
undertaking in the manner prescribed in section twenty-five of this
chapter. The town board shall fix the compensation which the deputy
supervisor shall receive, which compensation may be in addition to any
other compensation he may receive as a town officer, town official or
town employee.