1995-36
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Cite as N.Y. Op. Att'y Gen. No. 1995-36
CIVIL 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.
July 25, 1995
Jonathan Heidelberger, Esq.
Informal Opinion
Assistant Village Attorney
No. 95-36
Village of Northport
P. O. Box 358
Northport, NY 11788
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 subject to
the approval of the board of trustees.
Alternatively, the appointment of a trustee to serve as the
single commissioner to supervise the police department can be
accomplished under section 3-300(3) of the Village Law, which
authorizes members of the board of trustees to be "single
commissioners in charge of village departments except as provided
in the zoning article in this chapter". 1985 Op Atty Gen (Inf)
142. Thus, the mayor is authorized to appoint a single member of
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the board of trustees to be commissioner of the police
department. Village Law § 3-301(3).
In summary, the Village Law establishes three alternative
mechanisms for supervision of the police department--by the
mayor, a board of commissioners, or by a single trustee serving
as commissioner. We note that your police department is headed
by a paid chief of police. You should be aware of the provisions
of section 58(1-c) of the Civil Service Law concerning the
maintenance of that position.
We conclude that the mayor may appoint a single member of
the board of trustees to be commissioner of the village police
department.
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