NYCL AGO 95-37.

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

New York Attorney General Opinions 1995. AGO 95-37. July 25, 1995Informal Opinion No. 95-37Stephen L. Oppenheim, Esq. County Attorney County of Sullivan County Government Center 100 North Street, P. O. Box 5012 Monticello, NY 12701MUNICIPAL HOME RULE LAW, Article 4, § 32(2).An agreement between an officeholder and a county to establish a term different from the term fixed in the county charter has no legal effect.Dear Mr. Oppenheim: You ask whether a municipality and an officeholder can agree to modify the term of office of the officeholder which is established by a statute or a charter. In a telephone conversation, you explained that your concern is a county charter establishing the term of the office. County charters, in accordance with provisions of State law, established the structure of county government and the manner in which the county is to function. Municipal Home Rule Law, Article 4. A charter law is a local law which establishes, amends, or repeals a county charter. Id., § 32(2). In our view, where the term of an officeholder is fixed by a charter law, the...