1996-47
View/download document
Cite as N.Y. Op. Att'y Gen. No. 1996-47
TOWN LAW §§ 60(1), 63, 64(23).
The town board may establish an official letterhead and a
policy for its use by town officials.
December 31, 1996
William P. Fletcher, Esq.
Informal Opinion
Town Attorney
No. 96-47
Town of Mendon
9 Tobey Village Office Park
Pittsford, New York 14534-1749
Dear Mr. Fletcher:
You have inquired whether the town board may establish an
official town letterhead and have asked that we review the
elements of a proposed policy for use of that letterhead.
In our view, the town board may establish an official town
letterhead and a policy for its use. The town board is vested
with the administrative and legislative powers of the town, may
determine the rules of its own procedure, and may exercise powers
that are specifically conferred and additional powers necessarily
implied therefrom. Town Law §§ 60(1), 63, 64(23). Also, towns
and other local governments are authorized to enact local laws
relating to their property, affairs or government. Municipal
Home Rule Law § 10. In our view, the town board may utilize this
authority to establish the official town letterhead and the
policy for its use.
We believe that the proposed policy you have submitted to
the town board is reasonable and does not deprive any officials
of their rights to communicate with constituents. First, you
propose that letterhead be used only by elected officials and the
chairpersons of appointed boards, and only for purposes of town
business. We believe it is reasonable to limit use of letterhead
to persons in policy-making positions who have a need to
communicate policy to the public. The restriction that
letterhead be used only for town business obviously is
appropriate and, in addition, is required by the constitutional
prohibition against the use of resources by local governments for
private purposes. NY Const Art VIII § 1. The proposed policy
that letterhead may not be used for personal matters also falls
into the above category.
2
The proposed requirements that (1) an official not use town
letterhead to create an impression of speaking for the
municipality when that is not the case, and (2) that an official
using town letterhead to represent a position taken by the town
state his or her source of authority for the representation are
reasonable. Only the town board can establish policy and it is
appropriate that the board determine the means by which
established policy is communicated to the public. The proposed
policy does not prevent public officials with letterhead from
communicating with the public regarding town business, except as
noted above. Finally, we believe that the policy reasonably may
require the filing of all official correspondence with the town
clerk, who would then circulate it to all elected and appointed
officials. Correspondence that relates to town business is in
the public domain and, therefore, may also be circulated to
officials of the municipality.
We conclude that the town board may establish an official
letterhead and a policy for its use by town officials.
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