Can a NY county and one of its officials sign a contract that gives the official a longer or shorter term than the county charter sets?

Subject

Term of office fixed in county charter cannot be changed by agreement

Plain-English summary

Sullivan County, a charter county, asked whether the county and one of its officeholders could agree to modify the term of office that is set in the county charter.

The AG concluded no.

Under Municipal Home Rule Law Article 4, a county charter establishes the structure of county government and the manner in which the county functions. Section 32(2) defines a charter law as a local law that establishes, amends, or repeals a county charter. So the charter is fundamental law for the county, and amendments to it go through the charter-law process.

Once the charter fixes a term for an office, that term has the force of law. Matter of Sullivan v Taylor, 279 NY 364 (1939), is on point: a county cannot unilaterally establish a term inconsistent with charter law, and the county and the officeholder together cannot do it by contract either. The term is what the charter says it is.

The AG cited 1988 Op Atty Gen (Inf) 87 as additional support. That opinion likewise concluded that an attempt to establish a different term has no effect on the term established by law.

The practical takeaway: if the county wants a different term, it has to amend the charter through the charter-law process. A handshake agreement, or even a written contract, between the county and the officeholder cannot do it.

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

Why is a charter so resistant to being modified by agreement?

Because a charter is law, not contract. It defines the structure of county government and the relationship between the government and the public. Allowing two parties (the county and one officeholder) to agree to deviations would let private dealing override public law. That breaks the chain of public accountability that charter government depends on.

What about employment contract terms for non-charter offices?

The opinion is narrow: it addresses terms of office set in a charter. For non-charter county positions whose terms are set only by ordinance or local law, the analysis would still likely follow the same logic, but the practical situation is different because the ordinance or local law itself can be amended without a charter referendum.

Can the parties agree to other employment terms (salary, benefits, duties)?

Subject to charter and other state-law constraints, yes. The opinion is specifically about the term length. Compensation, benefits, and many duty details are often set by collective bargaining agreements or individual contracts. But the structural term of the office is reserved to the charter.

What if the charter is silent on a particular office's term?

Then the term comes from whatever underlying law applies (Public Officers Law, County Law, or local law as appropriate). The same principle applies: the term comes from the law, not from a contract between the parties.

Could the AG opinion be overcome by clear language in an employment agreement?

No. Sullivan v Taylor is direct: the parties cannot, by agreement, override the term fixed by law. Even if the contract explicitly states "this contract shall control over the charter term," the contract is void as to that term.

Statutory and case-law framework

Municipal Home Rule Law Article 4 governs county charters in New York. § 32(2) defines a charter law.

Matter of Sullivan v Taylor, 279 NY 364 (1939), is the Court of Appeals authority that a county and an officeholder cannot agree to a term different from the one fixed by law.

1988 Op Atty Gen (Inf) 87 is the prior AG opinion on the same question.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_95-37_pw.pdf

Original opinion text

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.
County Attorney
County of Sullivan
County Government Center
100 North Street, P. O. Box 5012
Monticello, NY 12701

Informal Opinion
No. 95-37

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