1996-19
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Cite as N.Y. Op. Att'y Gen. No. 1996-19
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GENERAL MUNICIPAL LAW, ART 18-A, '' 856(2), 895-b.
Members of the Montgomery County Industrial Development
Agency serve at the pleasure of the appointing authority. An act
of the State Legislature would be required to provide a term for
these positions.
June 26, 1996
Kelli P. McCoski, Esq.
Informal Opinion
County Attorney
No. 96-19
County of Montgomery
123 Guy Park Avenue
Amsterdam, NY 12010
Dear Ms. McCoski:
You have asked whether terms of office may be established
for members of the board of the Montgomery County Industrial
Development Agency.
State law has established the Montgomery County Industrial
Development Agency. General Municipal Law ' 895-b. Its members
are appointed by the governing body of the County of Montgomery.
Id. The agency has the powers and duties set forth in Title I
of Article 18-A of the General Municipal Law and is organized in
the manner set forth in that Title.
Except as otherwise provided by special act of the
Legislature, an industrial development agency consists of not
less than three nor more than seven members "who shall be
appointed by the governing body of each municipality and who
shall serve at the pleasure of the appointing authority". Id.,
Article 18-A, Title I, ' 856(2). Service "at the pleasure" of an
appointing authority is a term with legal significance, meaning
that the appointee may be dismissed at will, with no need for a
hearing or the making of any particular findings. See, Matter of
Fogerty v Warden, 191 Misc 916 (Sup Ct Orange Co), affd, 273
App Div 910 (2d Dept), affd, 297 NY 963 (1948); Op Atty Gen (Inf)
No. 88-33. The local establishment of a term for these
positions, therefore, would be inconsistent with the provisions
of section 856(2) of the General Municipal Law. In that the
formation of industrial development agencies is beyond the power
of local governments since they are separate legal entities with
authority to finance various projects, the county board of
supervisors may not modify the provisions of section 856(2). An
act of the Legislature would be required.
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We conclude that members of the Montgomery County Industrial
Development Agency serve at the pleasure of the appointing
authority. An act of the State Legislature would be required to
provide a term for these positions.
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