1995-18
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Cite as N.Y. Op. Att'y Gen. No. 1995-18
PUBLIC 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.
March 7, 1995
Robert J. Slye, Esq.
Informal Opinion
City Attorney
No. 95-18
City of Watertown
531 Washington Street
Watertown, NY 13601
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 of the
city, it follows that the city manager is authorized to appoint
the members of the city housing authority.
We also refer to the Rules and Regulations of the State of
New York, providing that the mayor "or other chief executive of a
municipality" must file with the Commissioner of Housing a
certificate of appointment or reappointment of any member of a
housing authority. 9 NYCRR § 1601.1. We note that in a
December 12, 1994 letter to the mayor of the City of Watertown
from an official of the United States Department of Housing and
Urban Development, the Department indicated that in New York
State the chief executive officer of a municipality has the power
to appoint members to a public housing authority. December 12,
1994 letter from Harry A. Reese, Director, Office of Public
Housing to Mayor Jeffrey E. Graham. In this letter, Mr. Reese
explained that the prior letter which caused the confusion as to
who has the power of appointment was a standard form letter and
did not convey any directives as to the authority to make these
appointments. The second letter stated that "[t]hose powers are
conveyed by New York State law".
We conclude that 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.
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.
Very truly yours,
JAMES D. COLE
Assistant Attorney General
in Charge of Opinions