NYCL AGO 95-36.

• Case Date: July 25, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-36. July 25, 1995Informal Opinion No. 95-36Jonathan Heidelberger, Esq. Assistant Village Attorney Village of Northport P. O. Box 358 Northport, NY 11788CIVIL SERVICE LAW § 58(1-c); VILLAGE LAW §§ 3-300(3), 3-301(3), 3-308(3), 4-400(e).The mayor may appoint a single member of the board of trustees to be commissioner of the village police department.Dear Mr. Heidelberger: You have asked whether an individual member of the board of trustees may be designated police commissioner with supervisory authority over the village police department. You have explained that the village maintains a police department headed by a paid chief of police. At the village's organizational meeting, traditionally the mayor appoints individual trustees as heads of departments of village government. The mayor has in the past assigned to himself the title of police commissioner. Your concern is section 4-400(e) of the Village Law which gives the mayor responsibility for supervision of the conduct of the police and other subordinate officers of the village. This is not the only mechanism for supervision of the police department. Several other alternatives are available. Section 3-308 of the Village Law authorizes the board of trustees to establish or abolish a separate board of police commissioners. The board of trustees establishes the composition, duties and responsibilities of the board. Id., § 3-308(3). The board established under this section, however, may be composed of not less than three members, who will perform their duties...