NYCL AGO 95-18.

• Case Date: March 07, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-18. March 7, 1995Informal Opinion No. 95-18Robert J. Slye, Esq. City Attorney City of Watertown 531 Washington Street Watertown, NY 13601PUBLIC HOUSING LAW §§ 3(6), 30(2); 9 NYCRR § 1601.1; L 1914, Ch 444, Art V, §§ 90, 91.The city manager of the City of Watertown, as the chief executive officer of the city, has the authority to make appointments to the city housing authority.Dear Mr. Slye: You have asked whether the mayor or the city manager of the City of Watertown has the authority to appoint the members of a city housing authority. You have indicated that the City of Watertown has adopted Plan C of Chapter 444 of the Laws of 1914 (the Optional City Government Law). You have characterized this plan as the city manager form of government. Under Plan C,

"[t]he administrative and executive powers of the city, including the power of appointment of officers and employees, are vested in an official to be known as the city manager, who shall be appointed by the council . . .".

L 1914, ch 444, Art V, § 90. The city manager is designated as the administrative head of city government. Id., § 91. Public Housing Law § 30(2) provides that the mayor of a city or village, or the town board of a town appoints the members of a housing authority. The term "mayor" is defined as "the chief executive officer of a municipality". Public Housing Law § 3(6). Under these provisions, the officer who has status as the chief executive officer of the municipality has the authority to appoint the members of a city housing authority. Matter of Schlobohm v Municipal Housing Authority for the City of Yonkers, 270 App Div 1022, affd, 297 NY 911 (1948). In that the City of Watertown has adopted Plan C of the Optional City Government Law, whereby the city manager is the chief executive officer...