Judges: JAMES D. COLE, Assistant Attorney General
Filed Date: 6/26/1996
Status: Precedential
Modified Date: 7/5/2016
Kelli P. McCoski, Esq. Informal Opinion County Attorney No. 96-19 County of Montgomery 123 Guy Park Avenue Amsterdam, N Y 12010
Dear Ms. McCoski:
You have asked whether terms of office may be established for members of the board of the Montgomery County Industrial Development Agency.
State law has established the Montgomery County Industrial Development Agency. General Municipal Law §
Except as otherwise provided by special act of the Legislature, an industrial development agency consists of not less than three nor more than seven members "who shall be appointed by the governing body of each municipality and who shall serve at the pleasure of the appointing authority". Id., Article 18-A, Title I, § 856(2). Service "at the pleasure" of an appointing authority is a term with legal significance, meaning that the appointee may be dismissed at will, with no need for a hearing or the making of any particular findings. See, Matter of Fogertyv. Warden,
We conclude that members of the Montgomery County Industrial Development Agency serve at the pleasure of the appointing authority. An act of the State Legislature would be required to provide a term for these positions.
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.
Very truly yours,
JAMES D. COLE, Assistant Attorney General in Charge of Opinions