Can a NY village mayor appoint one of the trustees to run the village police department as the single police commissioner?

Subject

Mayor may appoint single trustee as village police commissioner

Plain-English summary

The Village of Northport had a paid chief of police and a board of trustees. Tradition was that at the organizational meeting, the mayor assigned individual trustees as heads of village departments and historically the mayor designated himself as police commissioner.

The question: can the mayor instead designate a single individual trustee (not himself) as police commissioner with supervisory authority over the police department?

The village attorney raised Village Law § 4-400(e), which gives the mayor responsibility for supervision of the police. But the AG explained that § 4-400(e) is not the only supervision route in the Village Law.

Section 3-308 allows the board of trustees to establish or abolish a separate "board of police commissioners" of at least three members, who perform their duties subject to the board of trustees' approval.

Section 3-300(3) authorizes a member of the board of trustees to be a "single commissioner in charge of village departments except as provided in the zoning article." Under § 3-301(3), the mayor is the appointing authority for these single-commissioner designations.

So the Village Law gives three alternative structures for supervising the police department:

1. The mayor directly, under § 4-400(e).
2. A board of police commissioners, under § 3-308.
3. A single trustee designated by the mayor as police commissioner, under §§ 3-300(3) and 3-301(3).

The AG concluded option 3 was authorized.

The opinion adds that the village should be aware of Civil Service Law § 58(1-c), which it describes as concerning maintenance of the paid chief of police position. It does not analyze that provision. See the original opinion.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What did the AG say about the paid chief of police?

The village had a paid chief of police. The AG told the village to be aware of Civil Service Law § 58(1-c), which concerns maintenance of that position. The opinion did not explain the statute's requirements or apply it to a proposed action.

Statutory framework

Village Law § 4-400(e) gives the mayor general supervisory responsibility over police and other subordinate officers.

Village Law § 3-308(3) lets the board of trustees establish or abolish a separate board of police commissioners of three or more members.

Village Law § 3-300(3) authorizes board members to serve as single commissioners in charge of village departments (other than as provided in the zoning article).

Village Law § 3-301(3) makes the mayor the appointing authority for the single-commissioner designations under § 3-300(3).

The AG flagged Civil Service Law § 58(1-c) as concerning maintenance of the paid chief of police position.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_95-36_pw.pdf

Original opinion text

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.
Assistant Village Attorney
Village of Northport
P. O. Box 358
Northport, NY 11788

Informal Opinion
No. 95-36

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