Judges: James D. Cole, Assistant Attorney General
Filed Date: 10/18/1994
Status: Precedential
Modified Date: 7/5/2016
Requestor: Jeffrey C. D'Angelo, Esq., Town Attorney Town of Wheatland P.O. Box 88 Caledonia, N Y 14423
Written by: James D. Cole, Assistant Attorney General in Charge of Opinions
You have asked whether it is proper in a town for an elected superintendent of highways to also hold the office of superintendent of public works which carries an additional salary of $2,000 annually.
First, we note that section
While the town superintendent of highways is elective in the Town of Wheatland, and the town is not located in Suffolk County, we believe that the town board may enact a local law authorizing the establishment of a department of public works headed by the elected superintendent of highways. This may be accomplished using the authority of a town to enact a local law amending or superseding provisions of the Town Law dealing with subjects that are within the scope of its home rule authority. Municipal Home Rule Law §
In our view, if the departments remain separate, it is inappropriate for one person to serve as both the superintendent of highways with administrative responsibility over the highway department and as superintendent of public works with separate administrative responsibility over the department of public works. As head of two separate departments of town government, we believe that a conflict of duties would exist. The same individual would have responsibility for submitting budget requests for two different departments which would compete for limited town funds. In making the superintendent of highways the head of the department of public works, competing budget requests would not be a problem.
We note that the town must follow provisions of the Town Law that would apply to any increase in salary to the elected superintendent of highways as a result of his expanded duties as the administrative head of the department of public works.
We conclude that a town may make its elected superintendent of highways the administrative head of the department of public works.
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.