NYCL AGO 95-26.

• Case Date: May 05, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-26. May 5, 1995Informal Opinion No. 95-26Thomas J. Lynch, Esq. Village Attorney Village of Solvay Winkworth Professional Building 2700 Bellevue Avenue Syracuse, NY 13219VILLAGE LAW §§ 3-301(3), 3-312(3).It is not necessary that an appointment by the mayor to fill the unexpired term of the superintendent of public works be approved by the board of trustees.Dear Mr. Lynch: You have asked whether the superintendent of public works of the Village of Solvay was properly appointed. You state that the former superintendent resigned prior to the expiration of his term. The mayor then appointed a new superintendent in the absence of village board approval after conferring with the New York Conference of Mayors. You ask whether the mayor had the authority to fill the vacancy without board approval. Village Law § 3-301(3) provides that the offices of mayor, trustee and village justice shall be elective offices and that all other officers shall be appointed by the mayor subject to the approval of the board of trustees. Thus, when the mayor appoints a superintendent of public works at the expiration of the prior officer's term, the village board must approve the appointment. See, Informal Opinion No. 88-79. When a vacancy in an appointed office occurs for a reason other than the expiration of the current...