1995-37
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Cite as N.Y. Op. Att'y Gen. No. 1995-37
MUNICIPAL 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.
July 25, 1995
Stephen L. Oppenheim, Esq.
Informal Opinion
County Attorney No. 95-37
County of Sullivan
County Government Center
100 North Street, P. O. Box 5012
Monticello, NY 12701
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 county and the officeholder may not agree to
establish a different term. Matter of Sullivan v Taylor, 279 NY
364 (1939). Nor may the county unilaterally establish a term
that is inconsistent with the term provided by charter law. 1988
Op Atty Gen (Inf) 87. The establishment of a different term by
the municipality or through agreement of the officeholder and the
municipality has no effect on the term established by law. Id.;
Sullivan, supra.
We conclude that an agreement between an officeholder and a
county to establish a term of office different from the term
fixed in the county charter has no legal effect.
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