Legal Opinions: 1993 - 1988
Opinion 93-33
OFFICIAL NEWSPAPER -- Designation (use of newspaper not entered
as second-class matter); (use of newspaper entered as second-class
matter outside the municipality)
PUBLIC MEETINGS -- Notice (use of newspaper not entered as second-class
matter); (use of newspaper entered as second-class matter outside
the municipality)
SCHOOL DISTRICTS -- Powers and Duties (publication of notice of
annual meeting)
Opinion 93-32
CONFLICTS OF INTEREST -- Financial Disclosure (authority of State
Comptroller to obtain access to annual financial disclosure statements)
MUNICIPALITIES -- Officers and Employees (authority of State Comptroller
to obtain access to annual financial disclosure statements)
STATE COMPTROLLER -- Powers and Duties (municipalities - authority
to obtain access to annual financial disclosure statements)
Opinion 93-31
PUBLIC OFFICERS AND EMPLOYEES -- Reimbursement for Expenses (travel
expenses - of governing board member from home to meetings)
Opinion 93-30
COUNTIES -- Powers and Duties (liability for the cost of transportation
to county jail)
COUNTY SHERIFF -- Powers and Duties (transportation of individual
after arraignment)
VILLAGES -- Powers and Duties (liability for the cost of transportation
to county jail)
Opinion 93-29
OFFICIAL NEWSPAPER -- Designation of (criteria for in villages)
VILLAGE BOARD -- Powers and Duties (designation of official newspaper)
Opinion 93-28
STREETS AND HIGHWAYS -- Improvements (CHIPs moneys subject to
section 284 agreement)
SUPERINTENDENT OF HIGHWAYS -- Relations With Town Board (CHIPs moneys subject
to section 284 agreement)
MUNICIPAL FUNDS -- Highway Fund (CHIPs moneys subject to section 284 agreement)
Opinion 93-27
LOCAL LAWS -- Taxes and Assessments (superseding sales tax provisions)
SALES TAX -- Use (for reduction of townwide taxes within town
outside village area)
Opinion 93-26
AMBULANCE DISTRICTS -- Fees (authority to impose to offset ambulance
district costs)
AMBULANCE SERVICE -- Fees (authority to impose to offset ambulance
district costs)
Opinion 93-25
CONSTITUTIONAL LAW -- Gifts and Loans (lighting of private right-of-way)
STREETS AND HIGHWAYS -- Private Roads (lighting by village)
VILLAGES -- Powers and Duties (lighting of private right-of-way)
Opinion 93-24
FIRE DISTRICTS -- Appropriations and Expenditures (construction
of permanent outdoor competitive sports facility) -- Powers and
Duties (construction of permanent outdoor competitive sports facility)
PARKS AND RECREATION -- Facilities (construction of outdoor competitive
sports facility by fire district)
Opinion 93-23
CONFLICTS OF INTEREST -- Electrical Services (chair of planning
board who performs work for town and private parties) -- Interest
in Contract (chair of planning board in contract with town for
electrical services)
ZONING AND PLANNING -- Planning Boards (electrical contractor as chair of board)
Opinion 93-22
BAIL MONEYS -- Disposition of (when erroneously reported to justice
court fund)
STATE COMPTROLLER -- Justice Court Fund (procedure to refund bail
moneys erroneously reported)
Opinion 93-21
FIRE DISTRICTS -- Apparatus and Equipment (procedures for sale
of)
REFERENDUM -- Mandatory (need for to sell fire truck in fire district)
-- Permissive (need for to sell fire truck in fire district)
PERSONAL PROPERTY -- Disposition (procedures for sale of unneeded
truck by fire district)
Opinion 93-20
LOCAL LAWS -- Taxes and Assessments (requiring countersignature
on checks issued by receiver); Referendum Requirements (requiring
countersignature on checks issued by receiver)
RECEIVER OF TAXES AND ASSESSMENTS -- Powers and Duties (necessity of countersignature)
Opinion 93-19
COURTS -- Surrogate's Court (fees for certificate of adoption
or certified copies of orders of adoption)
FEES -- Court Fees (fees for certificate of adoption or certified
copies of orders of adoption)
Opinion 93-18
FIRE COMPANY -- Powers and Duties (authority to require referendum
on establishment of service award program)
FIRE PROTECTION AND PREVENTION -- Towns (circumstances requiring
referendum on service award program)
FIRE PROTECTION DISTRICTS -- Service Award Program (circumstances
requiring referendum on program for fire company in fire protection
district)
VOLUNTEER FIREFIGHTERS -- Service Award Program (authority to
require referendum on establishment of program)
Opinion 93-17
BONDS AND NOTES -- Permissible Uses (pre-payment of certain employer
retirement contributions) -- Referendum Requirements (for pre-payment
of certain employer retirement contributions)
MUNICIPAL FUNDS -- Appropriations and Expenditures (need to use
appropriation of current funds when bonds may be issued)
PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (authority
to issue bonds to pre-pay certain employer retirement contributions)
SCHOOL DISTRICTS -- Powers and Duties (authority to issue bonds
to pre-pay certain employer retirement contributions)
Opinion 93-16
VOLUNTEER FIREFIGHTERS -- Service Award Program (credit for activities
performed by local government employees during regularly assigned
work periods)
WORDS AND PHRASES -- "Regularly Assigned Work Periods" (meaning
for purposes of General Municipal Law, §217[f])
Opinion 93-15
LIBRARIES -- Finances (requirements of annual audit of by town
board)
TOWN BOARDS -- Powers and Duties (authority to annually audit
public library)
Powers and Duties (authority to annually audit public library)
Opinion 93-14
COUNTIES -- Improvement Districts (extension of service within
a sewer district)
IMPROVEMENT DISTRICTS -- Powers and Duties (extension of service
within a county sewer district)
SEWER DISTRICTS -- Construction (extension of service within county
district)
Opinion 93-13
COUNTIES -- Powers and Duties (authority to charge-back to municipalities
within county the cost of sheriff's road patrols); (providing sheriff's
road patrols on a part-county basis)
LOCAL LAWS -- Taxes and Assessments (authority of county to charge-back to
municipalities within county the cost of sheriff's road patrol) - Pre-emption
(formation of special district for the provision of sheriff's road patrol services)
Opinion 93-12
MUNICIPAL FUNDS -- Appropriations and Expenditures (travel expenses
- where spouse accompanies school board member)
PUBLIC OFFICERS AND EMPLOYEES -- Reimbursement for Expenses (travel
expenses - spouse of school board member attending conference)
Opinion 93-11
BONDS AND NOTES -- Debt Limit (computation of with respect to
installment purchase contracts)
PUBLIC CONTRACTS -- Installment Purchase Contracts (computation
of 115% limitation)
WORDS AND PHRASES -- "Outstanding Indebtedness" (meaning for purposes
of General Municipal Law, §109-b[6][c])
Opinion 93-10
COUNTIES -- Powers and Duties (designating holidays for closing
of county offices)
LOCAL LAWS -- Public Holidays (determining day to celebrate)
Opinion 93-9
FOREIGN FIRE INSURANCE TAXES -- Exempt Volunteer Firemen's Benevolent
Association (disposition of interest on investment of tax moneys);
(need to be member of association to receive benefits); (use of
money for scholarship program)
Opinion 93-8
BONDS OR NOTES -- Variable Rate Obligations (propriety of including
a provision to increase the interest rate due to change in law)
Opinion 93-7
PUBLIC CONTRACTS -- Contracts Requiring Bidding (service of legal
process)
Opinion 93-6
FIRE PROTECTION DISTRICTS -- Fire Protection Contracts (article
5-G of the General Municipal Law does not provide authority for)
MUNICIPAL COOPERATION -- Fire Protection (article 5-G of the General
Municipal Law does not provide authority for town fire protection
contracts)
Opinion 93-5
TOWNS -- Budget (effect of late publication of notice of hearing)
Opinion 93-4
BONDS AND NOTES -- Bond Resolution (when two-thirds vote required)
-- Referendum Requirements (for tax certiorari judgments)
REAL PROPERTY TAXES AND ASSESSMENTS -- Certiorari Proceedings
(authority to issue bonds to finance judgments)
Opinion 93-3
PUBLIC CONTRACTS -- Professional Services (physician)
Opinion 93-2
REFERENDUM -- Change in Fiscal Year (timing of proposition in
village)
VILLAGES -- Fiscal Year (timing of proposition to change)
Opinion 93-1
COUNTY ATTORNEY -- Assistant (entitlement to salary fixed for
county attorney in the event of a vacancy)
COUNTY CLERK -- Deputy (entitlement to salary fixed for clerk
in the event of a vacancy)
COUNTY TREASURER -- Deputy (entitlement to salary fixed for treasurer
in the event of a vacancy)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (for deputy acting
in the event of a vacancy) -- Deputy (entitlement to salary of
principal in the event of a vacancy)
Opinion 92-57
SEWER RENTS -- Interest and Penalties (by State to village)
STATE COMPTROLLER -- Approval By (for contracts for water and sewer services
from village)
VILLAGES -- Powers and Duties (need for contract to provide water and sewer
services to State)
WATER RENTS -- Interest and Penalties (by State to village)
Opinion 92-56
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (payment of flat
monthly allowance for use of private automobile on official business)
WORDS AND PHRASES -- "Terms and conditions of employment" (as including payment
of monthly allowance for use of automobile on official business)
Opinion 92-55
PUBLIC OFFICERS AND EMPLOYEES -- Powers and Duties (performing
work for private water system)
VILLAGES -- Powers and Duties (services for private water systems)
Opinion 92-54
CONFLICTS OF INTEREST -- Banking Transactions (designation of
bank as depository when town supervisor is officer and stockholder)
-- Purchase of bonds and notes when town supervisor is officer
and stockholder)
Opinion 92-53
SALES TAX -- Distribution of (necessity of State Comptroller's
approval in absence of sales tax agreement)
Opinion 92-52
PUBLIC AUTHORITIES -- Municipal Cooperation (joint investments
by municipalities and public authorities)
MUNICIPAL COOPERATION -- Municipal Funds (joint investments with public authorities)
MUNICIPAL FUNDS -- Deposits and Investments (joint investment with public authorities)
Opinion 92-51
INDUSTRIAL DEVELOPMENT AGENCIES -- Officers and Employees (reimbursement
for expenses incurred by member's spouse)
PUBLIC OFFICERS AND EMPLOYEES -- Reimbursement for Expenses (spouses' expenses
- spouse of member of IDA)
Opinion 92-50
PUBLIC CONTRACTS -- Award (preference to local bidder)
LOCAL LAWS -- Competitive Bidding (pre-emption by General Municipal Law, §103)
-- Pre-emption (preference to local bidder)
CONSTITUTIONAL LAW -- Commerce Clause (preference to local bidder) -- Equal
Protection (preference to local bidder) -- Privileges and Immunities (preference
to local bidder)
Opinion 92-49
PARKS AND RECREATION - Recreational Trail (as constituting park
facility)
REFERENDUM - Permissive (need for when town leases land for recreational trail)
Opinion 92-48
MUNICIPAL FUNDS -- Mandatory Reserve Fund (need to establish);
(use of entire proceeds to retire debt even when part of improvement
sold)
Opinion 92-47
COUNTIES -- Powers and Duties (deposit and investment of E911
surcharge moneys)
MUNICIPAL FUNDS -- Accounting (crediting interest earned on investment of E911
surcharge moneys); (need to establish separate bank account for E911 surcharge
moneys) -- Deposits and Investments (disposition of interest on investment
of E911 surcharge moneys); (of E911 surcharge moneys)
Opinion 92-46
PUBLIC CONTRACTS -- Bidding Monetary Threshold (computation of for various
items used at youth center)
Opinion 92-45
AMBULANCE SERVICE -- Fees (imposition for services of emergency
rescue and first aid squad)
EMERGENCY RESCUE AND FIRST AID SQUADS -- Ambulance Service (no authority to
impose fee for) -- Powers and Duties (imposition of fee for ambulance service)
Opinion 92-44
POLICE AND POLICE PROTECTION -- Police Chief (entitlement to fringe
benefits pursuant to General Municipal Law, §207-m)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (fringe benefits for police chief
pursuant to General Municipal Law, §207-m)
Opinion 92-43
PUBLIC CONTRACTS -- Policies and Procedures (inclusion of purchases
by town highway superintendent); (supersession of State statutes
governing contracting process)
STREETS AND HIGHWAYS -- Highway Supplies and Equipment (necessity to obtain
prior town board approval for purchases of); (purchases governed by town board's
policies and procedures)
SUPERINTENDENT OF HIGHWAYS -- Powers and Duties (necessity to obtain prior
town board approval for purchases); (purchases governed by town board's policies
and procedures)
TOWN BOARD -- Powers and Duties (authority to require prior board approval
in procurement policies and procedures)
Opinion 92-42
CONSTITUTIONAL LAW -- Gifts and Loans (use of municipal employees
and equipment on private property pursuant to contract)
PERSONAL PROPERTY -- Municipal Equipment (use for private property pursuant
to contract)
TOWNS -- Powers and Duties (authority to use employees and equipment on private
property pursuant to contract)
Opinion 92-41
FIRE DISTRICTS -- Appropriations and Expenditures (to repair thoroughfares
within the district)
STREETS AND HIGHWAYS -- Repairs (by fire district)
Opinion 92-40
COUNTIES -- Powers and Duties (imposition of fees at county landfill)
FEES -- Rates (authority to impose fees to produce revenue for general purposes)
LANDFILL -- County (imposition of fees) -- Fees (authority to impose fees to
produce revenue for general purposes)
Opinion 92-39
ELECTIONS -- Improvement Districts (eligibility to vote)
IMPROVEMENT DISTRICTS -- Establishment (eligibility of non-property owners
to vote in election on establishment) -- Referendum (eligibility to vote)
SEWER DISTRICTS -- Establishment (eligibility of non-property owners to vote
in election on establishment) -- Referendum (eligibility to vote)
WATER DISTRICTS -- Establishment (eligibility of non-property owners to vote
in election on establishment) -- Referendum (eligibility to vote)
Opinion 92-38
FIRE CHIEF -- Powers and Duties (continuation of service until
new chief appointed) -- Vacancy (procedure for filling in village)
VILLAGE BOARD -- Powers and Duties (approval of nomination for fire chief);
(appointment of fire chief)
Opinion 92-37
FIRE DISTRICTS -- Extension (necessity to obtain approval of the
State Comptroller)
FIRE PROTECTION DISTRICTS -- Dissolution (necessity to obtain approval of the
State Comptroller)
STATE COMPTROLLER -- Powers and Duties (approval of extension of fire district)
Opinion 92-36
COUNTIES -- Powers and Duties (imposition of surcharge to finance
E911 system); (implementation of E911 system on a part-county basis)
Opinion 92-35
REAL PROPERTY TAXES AND ASSESSMENTS -- Enforcement (notice of
unpaid taxes with respect to county taxable property)
RECEIVER OF TAXES AND ASSESSMENTS -- Powers and Duties (notice of unpaid taxes
with respect to county taxable property)
Opinion 92-34
FINES AND PENALTIES -- Mandatory Surcharge (partial payment of
parking fines and surcharges) -- Remission to State Comptroller
(partial payment of parking fines and surcharges)
PARKING AND TRAFFIC REGULATIONS -- Mandatory Surcharges (partial payment of
parking fines and surcharges)
Opinion 92-33
MUNICIPAL FUNDS -- Publicity Fund (maximum amount appropriated
to in town); (expenditures to fund contract with chamber of commerce)
PARK DISTRICTS -- Powers and Duties (expenditures for promotional services)
LOCAL LAWS -- Pre-emption (special district matters)
PUBLIC CONTRACTS -- Professional Services (promotional and publicity services);
(procedures for obtaining) -- Contracts Not Requiring Bidding (promotional
and publicity services); (procedures for obtaining)
Opinion 92-32
REAL PROPERTY -- Purchase (of historically significant property
for immediate reconveyance to an historical society) -- Sale (on
installment basis to historical society)
Opinion 92-31
ADVERTISING -- Municipal Advertising (no authority to sell in
newsletter)
VILLAGES -- Powers and Duties (publication of informational newsletter)
Opinion 92-30
CONFLICTS OF INTEREST -- Codes of Ethics (prohibition against
county officials serving on boards of not-for-profit agencies)
-- Exceptions (contracts with not-for-profit agencies)
Opinion 92-29
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (applicability of
General Municipal Law, §207-m to salary of deputy police commissioner);
(salary of individual filling vacancy in office of police commissioner)
POLICE AND POLICE PROTECTION -- Police Commissioner (applicability of General
Municipal Law, §207-m to salary of deputy commissioner); (salary of individual
filling vacancy in office of police commissioner)
Opinion 92-28
BONDS AND NOTES -- Tax Anticipation Notes (payment of proceeds
to a public library); (payment of interest for notes issued for
library taxes)
LIBRARIES -- Finances (issuance and payment of proceeds of tax anticipation
notes); (payment of interest on tax anticipation notes) -- Investments (interest
earned on) -- Taxes (time for payment over by school district)
SCHOOL DISTRICTS -- Library Appropriation (disposition of interest on investment
of library fund); (time for payment over); (issuance of tax anticipation notes
for library taxes)
Opinion 92-27
LOCAL LAWS -- Payroll Deductions (for charitable contributions)
PUBLIC OFFICERS AND EMPLOYEES -- Payroll Deductions (for charitable contributions)
-- Wage Assignment (to charitable organizations)
Opinion 92-26
ELECTIONS -- Board of Elections (liability for expenses of)
Opinion 92-25
FIRE COMMISSIONERS -- Powers and Duties (riding on fire vehicles
during emergency calls)
Opinion 92-24
OFFICIAL NEWSPAPER -- Designation of (criteria for designation
in towns)
Opinion 92-23
IMPROVEMENT DISTRICTS -- Commissioners (lease of property not
required for the purposes of district)
REAL PROPERTY -- Leases (authority to enter into lease permitting the affixing
of antennae to water storage tanks and the erection of a switching station
near a well)
Opinion 92-22
CONFLICTS OF INTEREST -- Contracts (representation of owners of
property located outside municipality in assessment review proceedings)
PUBLIC OFFICERS AND EMPLOYEES -- Ethics (village comptroller representing owners
of property located outside village in assessment review proceedings)
Opinion 92-21
FEES -- Justice Courts (mass dismissal of cases - entitlement
to fees under General Municipal Law, §99-l)
Opinion 92-20
FEES -- Imposition of (for concerts held on county fairgrounds)
LICENSING AND REGULATORY POWERS -- County fairs (imposition of licensing fee)
Opinion 92-19
ZONING AND PLANNING -- Subdivisions (authority of town to regulate
traffic on private roads in residential subdivision)
PARKING AND TRAFFIC REGULATIONS -- Private Roads (authority of town to regulate
traffic in residential subdivision)
STREETS AND HIGHWAYS -- Private Roads (authority of town to regulate traffic
in residential subdivision)
Opinion 92-18
FEES -- Imposition of (solid waste generation fee); (retroactively)
LANDFILL -- Town (imposition of solid waste generation fee)
LOCAL LAWS -- Fees (imposition of solid waste generation fee by town)
REAL PROPERTY TAXES AND ASSESSMENTS -- Assessments (imposition of solid waste
generation fee as assessment)
REFUSE AND GARBAGE -- Solid Waste Facility (financing through imposition of
solid waste generation fee)
Opinion 92-17
SALES TAX -- Agreements (right of towns to receive share)
Opinion 92-16
CONFLICTS OF INTEREST -- Exceptions (contracts for rental of room
owned by officer and used in official duties)
PUBLIC OFFICERS AND EMPLOYEES -- Powers and Duties (rental of home as office)
REAL PROPERTY -- Leases (payment of rental to town officers); (by town from
volunteer fire company)
TOWNS -- Powers and Duties (lease of office from town officers and fire companies)
Opinion 92-15
POLICE AND POLICE PROTECTION -- Disability Benefits (payment for
partial disability attributable only in part to line-of-duty injury);
(effect of workers' compensation determination)
WORKERS' COMPENSATION -- Compensation Award (effect on eligibility under General
Municipal Law, §207-c) -- Disability Benefits (payment to deputy sheriff
eligible for benefits under General Municipal Law, §207-c)
Opinion 92-14
COUNTY TREASURER -- Powers and Duties (when mechanics' lien deposit
may be refunded without a court order); (entitlement to CPLR §8010
fee when mechanics' lien deposit refunded without a court order)
Opinion 92-13
LOCAL LAWS -- Procedural Requirements (necessity to address only
a single subject) -- Terms of Office (single local law may increase
terms of several elective town offices)
PUBLIC OFFICERS AND EMPLOYEES -- Terms of Office (change in terms of town offices
from two to four years)
Opinion 92-12
PAID FIREFIGHTERS -- Disability Benefits (forfeiture upon becoming
self-employed or performing uncompensated services)
WORDS AND PHRASES -- Employment (meaning for purposes of General Municipal
Law, §207-a[6])
Opinion 92-11
INSURANCE -- Self-Insurance (transfer from insurance reserve to
reserve for property loss and liability claims)
MUNICIPAL FUNDS -- Insurance Reserve (transfer by school district into reserve
for property loss and liability claims)
SCHOOL DISTRICTS -- Reserve Fund (no authority to transfer from insurance reserve
to reserve for property loss and liability claims)
Opinion 92-10
ABANDONED AND LOST PROPERTY -- Money (unclaimed redemption payments
on bearer serial bonds)
BONDS AND NOTES -- Redemption (disposition of unclaimed moneys representing
amounts paid on matured bearer serial bonds)
Opinion 92-9
VOLUNTEER FIREFIGHTERS -- Reimbursement for Expenses (appearance
at attorney's office in compliance with subpoena for pre-trial
questioning)
WORDS AND PHRASES -- "Court or Other Tribunal" (meaning for purposes of General
Municipal Law, §72-o - appearance at attorney's office for pre-trial questioning)
Opinion 92-8
BONDS AND NOTES -- Permissible uses (financing non-federal share
of federally-aided city bridge project) -- Proceeds (payment to
State Comptroller)
STREETS AND HIGHWAYS -- Improvements (issuance of obligations to finance non-federal
share of federally-aided city bridge project)
Opinion 92-7
FOREIGN FIRE INSURANCE TAXES -- Exempt Volunteer Firemen's Benevolent
Association (use of tax moneys to pay debts incurred in the operation
of a volunteer's business)
WORDS AND PHRASES -- "Relief" (meaning of for purposes of special acts incorporating
volunteer firemen's benevolent associations)
Opinion 92-6
CONFLICTS OF INTEREST -- Family Relationships (spouse of town
highway department clerk repairing highway equipment) -- Powers
and Duties (checking accuracy of invoices prior to approval by
town officer)
Opinion 92-5
CONSTITUTIONAL LAW -- Gifts and Loans (granting of license or
concession for fair and adequate consideration)
REAL PROPERTY -- License (authority of school district to grant)
SCHOOL DISTRICTS -- Powers and Duties (authority to grant license)
Opinion 92-4
FIRE DISTRICTS -- Appropriations and Expenditures (supervised
physical fitness training for firefighters)
Opinion 92-3
CONFLICTS OF INTEREST -- Engineering Services (consulting engineer
as creditor of planning board chairman) -- Interest in Contract
(contracts of creditors)
PUBLIC OFFICERS AND EMPLOYEES -- Ethics (consulting engineer as creditor of
planning board chairman)
ZONING AND PLANNING -- Planning Boards (consulting engineer as creditor of
planning board chairman)
Opinion 92-2
FIRE DISTRICTS -- Taxes (authority to use general fire district
funds to pay amounts due under contract for hydrants serving a
zone)
FIRE HYDRANTS -- Fire Districts (authority to use general fire district funds
to pay amounts due under contract for hydrants serving a zone); (authority
to budget amounts due for preceding and current year under hydrant contract)
Opinion 92-1
PUBLIC CONTRACTS -- Retained Percentages (collection of interest
on securities deposited in lieu of); (mandatory nature of withdrawal
provisions); (procedure for withdrawal upon deposit of appropriate
securities); (submission of securities in excess of amount to be
withdrawn); (substitution of certificates of participation for);
(types of securities which may be substituted for)
Opinion 91-64
PUBLIC CONTRACTS -- Contracts Requiring Bidding (bus transportation
contracts for separate routes) -- Bidding Monetary Threshold (computation
of for bus transportation contracts)
Opinion 91-63
CONFLICTS OF INTEREST -- Purchases and Sales (town councilman
who resides with president and owner of hardware store)
Opinion 91-62
REAL PROPERTY -- Gifts (from village to school district public
library) -- Conveyance (with reservation of right to use)
CONSTITUTIONAL LAW -- Gifts and Loans (gift of property from village to public
library)
Opinion 91-61
FEES -- Bail Moneys (1% fee to fund an approved county alternatives
to incarceration service plan)
BAIL MONEYS -- Fees (1% fee to fund an approved county alternatives to incarceration
service plan)
Opinion 91-60
STATE COMPTROLLER -- Powers and Duties (municipalities - scope
of audit authority)
MUNICIPALITIES -- Officers and Employees (authority of State Comptroller to
request information for the purpose of determining conflicts of interest)
CONFLICTS OF INTEREST -- Disclosure of Interest (authority of State Comptroller
to request information for the purpose of determining conflicts of interest)
Opinion 91-59
FOREIGN FIRE INSURANCE TAXES -- Exempt Volunteer Firemen's Benevolent
Association (need to be member of association to receive benefits);
(use of money for retirement and death benefits)
Opinion 91-58
REFERENDUM -- Advisory (site plan approval)
Opinion 91-57
LIBRARIES -- Finances (comingling library moneys with those of
municipal sponsor) -- Public Library (comingling library moneys
with those of municipal sponsor)
MUNICIPAL FUNDS -- Accounting (comingling library moneys with those of municipal
sponsor)
Opinion 91-56
PUBLIC AUTHORITIES -- Termination (requirement that there be no
outstanding liabilities)
WORDS AND PHRASES -- "Liabilities" (as including accounts payable and contractual
obligations for purposes of termination of a public authority)
Opinion 91-55
BONDS AND NOTES -- Debt Limits (exclusion from - calculation of
net revenues for exclusion for self-liquidating indebtedness)
WORDS AND PHRASES -- "Cost of Operation, Maintenance and Repairs" (depreciation
not included as) -- "Net Revenues" (depreciation not deducted from gross revenues
to calculate)
Opinion 91-54
LOCAL LAWS -- Taxes and Assessments (authority of village to impose
a tax on renters of real property); (authority of village to impose
a tax on rents paid by tenants of real property within the village)
TAXES -- Occupancy Tax (authority of village to impose on renters of real property)
-- Income Tax (authority of village to impose on rents paid by tenants of real
property within the village)
Opinion 91-53
TOWN BOARD -- Compensation (additional compensation for additional
assigned duties); (additional compensation if also serve as deputy
supervisor) -- Powers and Duties (appointment of board member as
deputy supervisor)
SUPERINTENDENT OF HIGHWAYS -- Compensation (additional compensation for performing
services for special district)
TOWN ASSESSOR -- Compensation (additional compensation for chairman of board
of assessors)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (additional compensation for
various town officers)
LOCAL LAWS -- Compensation (necessity for local law when paying additional
compensation to town board members and highway superintendents)
Opinion 91-52
PUBLIC CONTRACTS -- Award (preference to bidder employing prescribed
percentage of local residents); (requiring apprenticeship training
program as pre-condition to) -- Bids (restricting bids only to
bidders employing prescribed percentage of local residents) --
Lowest Responsible Bidder (responsibility of bidder as distinguished
from debarment)
LOCAL LAWS -- Competitive Bidding (pre-emption by General Municipal Law, §103)
-- Pre-emption (preference to bidder employing prescribed percentage of local
residents); (requiring apprenticeship training program as pre-condition to);
(restricting bids only to bidders employing prescribed percentage of local
residents); (responsibility of bidder as distinguished from debarment)
CONSTITUTIONAL LAW -- Equal Protection (preference to bidder employing prescribed
percentage of local residents) -- Privileges and Immunities (preference to
bidder employing prescribed percentage of local residents) -- Commerce Clause
(preference to bidder employing prescribed percentage of local residents)
Opinion 91-51
MUNICIPAL FUNDS -- Inter-fund Advance (from county sewer district
fund to general fund)
COUNTIES -- Fund Transfers (inter-fund advance from sewer district fund to
general fund)
Opinion 91-50
PUBLIC CONTRACTS -- Retained Percentages (substitution of Local
Government Assistance Corporation bonds for)
Opinion 91-49
STREETS AND HIGHWAYS -- Discontinuance of (county conveyance to
other than owners of abutting lands)
COUNTIES -- Powers and Duties (conveyance of abandoned county highway property)
Opinion 91-48
CONFLICTS OF INTEREST -- Contracts (planning board review of shopping
center expansion) -- Interest in Contract (planning board review
of shopping center expansion)
PUBLIC OFFICERS AND EMPLOYEES -- Ethics (applicant before planning board represented
by board member's personal attorney)
ZONING AND PLANNING -- Planning Boards (board member participating in review
of project when applicant represented by board member's personal attorney)
Opinion 91-47
FEES -- Court Fees (filing of an objection to the issuance of
letters testamentary)
Opinion 91-46
COUNTY CLERK-- Compensation (increase during term of office)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (increase or decrease for county
clerk during term of office)
Opinion 91-45
STREETS AND HIGHWAYS -- Improvements (performance pursuant to
agreement between the town board and highway superintendent) --
Repairs (performance pursuant to agreement between town board and
highway superintendent)
SUPERINTENDENT OF HIGHWAYS -- Powers and Duties (scope of duties); (assignment
of additional duties - drainage improvements); (highway repairs and improvements
subject to agreement with town board) -- Relations With Town Board (remedies
available to town board to enforce agreement for highway repairs and improvements)
TOWN BOARD -- Power and Duties (authority to assign additional duties to highway
superintendent); (remedies to enforce agreement with highway superintendent
for repair and improvement of town highways)
Opinion 91-44
FIRE COMMISSIONERS -- Compensation (health insurance)
FIRE DISTRICTS -- Appropriations and Expenditures (health insurance for fire
commissioners)
INSURANCE -- Health Insurance (authority to cover fire district fire commissioners
under State health insurance plan)
Opinion 91-43
CLAIMS -- Audit (procedure in towns); (delegation of pre-audit
functions)
LOCAL LAWS -- Transfer of Function (town clerk's function in connection with
preparation and custody of claims)
TOWN CLERK -- Powers and Duties (preparation and custody of claims)
Opinion 91-42
FIRE DEPARTMENT -- Villages (authority to transfer department
funds to village treasurer); (cooperative investment of department
funds and village funds); (gift of department funds to village
subject to condition regarding use)
VILLAGE TREASURER -- Powers and Duties (authority to have custody of fire department
funds)
VILLAGES -- Powers and Duties (cooperative investment of fire department funds
and village funds)
Opinion 91-41
REFERENDUM -- Tax Limitation (authority by petition to compel
referendum)
Opinion 91-40
PUBLIC OFFICERS AND EMPLOYEES -- Military Leave (compensation-
determination of period of entitlement); (rescheduling of work
days to avoid conflict with military duty)
Opinion 91-39
PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (waiver of
public salary exceeding statutory limit)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (waiver of post-retirement salary
- effect on retirement allowance)
Opinion 91-38
PUBLIC CONTRACTS -- Bid Specifications (amount returned from the
deposit for copies of)
LOCAL LAWS -- Pre-emption (deposits on plans and specifications)
Opinion 91-37
FINES AND PENALTIES -- Disposition of Parking Fines (received
by city parking violations bureau for violations of Vehicle and
Traffic Law, §§306 and 402)
PARKING AND TRAFFIC REGULATIONS -- Parking Regulations (disposition of fines
received by city parking violations bureau for violations of Vehicle and Traffic
Law, §§306 and 402)
Opinion 91-36
ZONING AND PLANNING -- Park Lands (use of village park trust fund
moneys to develop facilities in town park)
PARKS AND RECREATION -- Joint Parks (use of village park trust fund moneys
to develop facilities in town park)
Opinion 91-35
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (amount of salary
increases for heads of police departments)
POLICEMEN AND POLICE PROTECTION -- Police Chief (amount of salary increase
pursuant to General Municipal Law, §207-m)
Opinion 91-34
PUBLIC CONTRACTS -- Bid Specifications (authority to require timeliness
and prior experience by vendor) -- Contracts Requiring Bidding
(printing of election materials) -- Professional Services (printing
of election materials as not constituting
ELECTIONS -- Printing of Election Supplies (necessity for bidding)
Opinion 91-33
BAIL MONEYS -- County Treasurer's Fee (applicability of fee to
interest earned on deposit of bail) -- Deposit and Investment of
(duty of county treasurer to deposit bail in interest-bearing account);
(maintenance by county treasurer of common bank account for separate
bail deposits); (duty of superior court to deposit retained bail
in interest-bearing account and pay interest to State Department
of Taxation and Finance)
COUNTY TREASURER -- Bail Moneys (duty to deposit bail in interest-bearing account);
(maintenance of common bank account for separate bail deposits); (applicability
of 2% bail fee to interest earned on deposit of bail)
COURTS -- Bail Moneys (duty of superior court to deposit retained bail in interest-bearing
account and pay interest to State Department of Taxation and Finance)
Opinion 91-32
CLAIMS -- Compromise or settlement of (devaluation of real property
located near solid waste facilities)
CONSTITUTIONAL LAW -- Gifts and Loans (application to public benefit corporation)
EMINENT DOMAIN -- Compensable Taking (claim for inverse condemnation arising
out of property devaluation)
PUBLIC AUTHORITIES -- Powers and Duties (expenditures to compensate property
owners for decrease in market value)
Opinion 91-31
MUNICIPAL FUNDS - Town Charges (costs of rabies treatment for
individual injured within the town)
Opinion 91-30
CONFLICTS OF INTEREST -- Interest in Contract (purchases under
State or county contract)
Opinion 91-29
FOREIGN FIRE INSURANCE TAXES -- Exempt Volunteer Firemen's Benevolent
Associations (use of tax moneys for an eye care plan, hospital
telephone and television charges, and gifts); (procedure to make
fire department recipient of tax moneys); (power to require treasurer
to be bonded) -- Recipients (procedure to make fire department
recipient of tax moneys payable to benevolent association) -- Treasurer's
Powers (liability for tax moneys)
Opinion 91-28
WATER SUPPLY AND DISTRIBUTION -- Water Fund (use of profits for
general village purposes)
Opinion 91-27
COUNTIES -- Real Property (sale of unneeded real property without
public bidding)
LOCAL LAWS -- Real Property (authority of county to supersede sale and lease
provisions of County Law, §215)
REAL PROPERTY -- Conveyances Generally (authority of county to supersede sale
and lease provisions of County Law, §215) -- Sales (of unneeded county
real property without public bidding)
Opinion 91-26
CONFLICTS OF INTEREST -- Architectural Services (provided to public
library by firm employing daughter of library board member) --
Codes of Ethics (adoption of by public library) -- Family Relationships
(contract between public library and firm employing library board
member's daughter) -- Interest In Contract (library board member
in contract with firm employing daughter)
Opinion 91-25
FIRE PROTECTION AND PREVENTION -- Disability Benefits (entitlement
of paid firefighters to salary increments or steps based on longevity
and to holiday pay); (employment restrictions)
Opinion 91-24
SEWERS AND SEWER SYSTEMS -- Contracts (to provide service outside
town district)
SEWER DISTRICTS -- Contracts (between town and county districts); (to provide
service outside district); (with village)
Opinion 91-23
FIRE COMPANY -- Membership (right to be member of more than one
company)
VOLUNTEER FIREFIGHTERS -- Eligibility (membership in more than one company)
Opinion 91-22
FIRE COMPANY -- Fire Police Squad (authority to incorporate as
separate not-for-profit corporation)
FIRE PROTECTION AND PREVENTION -- Fire Police Squad (authority to incorporate
as separate not-for-profit corporation)
Opinion 91-21
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (administrator of
estates - county chief fiscal officer's right to fees and commissions);
(fees and commissions - right of county chief fiscal officer to
remit to county, or to waive)
Opinion 91-20
AMBULANCE SERVICE -- Contracts (by town for a particular level
of service) -- Fees (authority to collect from insurance companies)
FEES -- Collection of (ambulance service fees from insurance companies)
Opinion 91-19
FIRE DISTRICTS -- Powers and Duties (authority to make gift to
fire company); (authority to accept gift of firefighting equipment)
FIRE COMPANY -- Powers and Duties (authority of fire district to make gift
to fire company)
CONSTITUTIONAL LAW -- Gifts and Loans (authority of fire district to make gift
to fire company)
Opinion 91-18
CONFLICTS OF INTEREST -- Family Relationships (spouse of town
supervisor serving as his or her bookkeeper or confidential secretary)
Opinion 91-17
LOCAL LAWS -- Competitive Bidding (cannot expand exception under
General Municipal Law, §103[8]) -- Preemption (competitive
bidding procedures)
PUBLIC CONTRACTS -- Contracts Requiring Bidding (purchases by other than municipal
hospitals from group program under the Public Health Law)
Opinion 91-16
OFFICIAL NEWSPAPER -- Fees (not based on agate measurement for
publication of notice of unredeemed land)
REAL PROPERTY TAXES AND ASSESSMENTS -- Redemption (publication of notice of
unredeemed lands) -- Tax Sale (cost of publication of notice)
Opinion 91-15
ZONING AND PLANNING -- Park Lands (authority of newly incorporated
village to assess park land fee upon subdivision plat already so
assessed by town)
Opinion 91-14
MUNICIPAL COOPERATION -- Procedures (necessity for referendum)
-- Refuse and Garbage (town refuse and garbage district collecting
refuse for village)
REFERENDUM -- Permissive (need for prior to cooperation agreement for refuse
collection)
REFUSE AND GARBAGE -- Collection of (for village by town refuse and garbage
district)
REFUSE AND GARBAGE DISTRICT -- Municipal Cooperation (town district collecting
refuse for village)
Opinion 91-13
REAL PROPERTY -- Leases (as constituting indebtedness for purposes
of the Constitution and Local Finance Law); (as distinguished from
installment purchases); (authority of municipal corporation to
enter into installment purchase contract)
BONDS AND NOTES -- Certificates of Participation (as constituting indebtedness
for purposes of the Constitution and Local Finance Law)
PUBLIC CONTRACTS -- Contracts Requiring Bidding (lease of public facility for
use by a municipal corporation in performance of its governmental functions
from not-for-profit corporation) -- Installment Purchase (authority for real
property acquisition)
INDUSTRIAL DEVELOPMENT AGENCIES -- Powers and Duties (construction of public
facility for use by a municipal corporation in performance of its governmental
functions)
Opinion 91-12
FIRE COMPANY -- Powers and Duties (retention of moneys derived
from fund raising activities)
Opinion 91-11
REFERENDUM -- Mandatory (local law increasing term of office of
city engineer)
LOCAL LAWS -- Referendum Requirements (curtailing powers of elective officers
subject to mandatory referendum)
Opinion 91-10
WORDS AND PHRASES -- "In the same manner and at the same time
as town taxes" (as meaning ad valorem levies)
TOWNS -- Powers and Duties (tort liability in connection with park district)
PARK DISTRICTS -- Establishment (pursuant to Laws of 1924, ch 574) -- Powers
and Duties (pursuant to Laws of 1924, ch 574)
Opinion 91-9
LOCAL LAWS -- Procedural Requirements (mandatory referendum -
curtailing powers of city board of estimate)
MUNICIPAL FUNDS -- Budget Procedures (increase in items by city council in
city of the second class) -- Contingency Funds (in cities of the second class)
PUBLIC OFFICERS AND EMPLOYEES -- Powers and Duties (city council in city of
the second class - budget items)
CITIES -- City Council (authority to increase budget items) -- Powers and Duties
(supersession of Second Class Cities Law)
Opinion 91-8
CONFLICTS OF INTEREST -- Powers and Duties (execution of fire
district bonds and payment of principal and interest on bonds)
Opinion 91-7
AMBULANCE DISTRICTS -- Contracts (authority to contract with
village fire department)
AMBULANCE SERVICE -- Contracts (by town with fire department rescue squad)
-- Fire Districts (when fire district may contract for emergency and general
service)
FIRE DISTRICTS -- Ambulance Service (circumstances in which district may contract
for provision of)
FIRE PROTECTION DISTRICTS -- Ambulance Service (by fire department other than
the one providing fire protection)
TOWNS -- Ambulance Service (authority to contract to receive ambulance service)
VILLAGES -- Ambulance Service (authority of rescue squad to provide ambulance
service outside village)
Opinion 91-6
PUBLIC CONTRACTS -- Contracts Requiring Bidding (purchases from
vendor holding federal General Services Administration contract)
-- Purchase Through County or State (no similar exception for federal
General Services Administration contracts)
LOCAL LAWS -- Preemption (competitive bidding procedures)
Opinion 91-5
BONDS AND NOTES -- Debt Service (payment of on town obligations
in coterminous town-village)
CONSTITUTIONAL LAW -- Debt Limit (calculation for a coterminous town- village)
TOWNS -- Coterminous Town-Village (authority of town to issue debt after incorporation
of coterminous village)
VILLAGES -- Incorporation (assumption of outstanding debt of coterminous town)
Opinion 91-4
FIRE DISTRICTS -- Apparatus and Equipment (transfer of by village
to joint fire district without consideration)
VILLAGES -- Powers and Duties (transfer of firefighting equipment to joint
fire district without consideration)
CONSTITUTIONAL LAW -- Gifts and Loans (transfer by village of firefighting
equipment to joint fire district without consideration)
Opinion 91-3
SUPERINTENDENT OF HIGHWAYS -- Powers and Duties (control of highway
equipment)
TOWN BOARD -- Powers and Duties (management, custody and control of town property)
Opinion 91-2
STATE COMPTROLLER -- Powers and Duties (public corporations --
scope of audit authority); (OTB's -- scope of audit authority)
OFF-TRACK BETTING CORPORATIONS -- Officers and Employees (authority of State
Comptroller to request information for the purpose of determining conflicts
of interest)
CONFLICTS OF INTEREST -- Disclosure of Interest (authority of State Comptroller
to request information for the purpose of determining conflicts of interest)
Opinion 91-1
LOCAL LAWS -- Competitive Bidding (cannot create exception for
public work under county contract) -- Preemption (competitive bidding
procedures)
MUNICIPAL COOPERATION -- Competitive Bidding (cooperative bidding for public
work)
PUBLIC CONTRACTS -- Purchases Through County or State (exception not applicable
to contracts for public work)
Opinion 90-64
PARK DISTRICTS -- Increase or Improvement of Facilities (referendum
not required)
IMPROVEMENT DISTRICTS -- Increase or Improvement of Facilities (referendum
not required) -- Procedural Requirements (referendum requirements)
BONDS AND NOTES -- Referendum Requirements (bond resolution for park district)
REFERENDUM -- Permissive (need for when issuing bonds to finance improvement
to park district); (need for when determining to improve park district)
Opinion 90-63
LIBRARIES -- Appropriations and Expenditures (recognition dinner
for volunteers); (holding party for senior citizens)
MUNICIPAL FUNDS -- Appropriations and Expenditures (in recognition of municipal
service - dinner for volunteer library workers); (miscellaneous expenses -
holiday party for senior citizens)
VOLUNTEERS -- Compensation (authority to hold recognition dinners or give awards
to volunteers)
Opinion 90-62
PUBLIC OFFICERS AND EMPLOYEES -- Removal (of elected official
physically unable to perform the duties of office)
SUPERINTENDENT OF HIGHWAYS -- Removal (physical inability to perform duties)
Opinion 90-61
LOCAL LAWS -- Preemption (financing town improvement districts)
IMPROVEMENT DISTRICTS -- Assessments (authority to impose benefit assessments
in water supply district) -- Water Supply Districts (authority to impose benefit
assessments)
WATER SUPPLY AND DISTRIBUTION -- Water Supply Districts (abolishment and reestablishment
as water district); (authority to impose benefit assessments or user fees)
Opinion 90-60
REFUSE AND GARBAGE -- Solid Waste Facility (validity of installment
purchase contract to finance recycling center under General Municipal
Law, §120-w)
PUBLIC CONTRACTS -- Installment Purchases (to finance construction of recycling
center under General Municipal Law, §120-w)
Opinion 90-59
CONSTITUTIONAL LAW -- Gifts and Loans (removal of snow and ice
from private road)
STREETS AND HIGHWAYS -- Private Roads (removing of snow and ice from)
Opinion 90-58
CONFLICTS OF INTEREST -- Insurance Transactions (village board
members selling to village employees)
Opinion 90-57
FIRE DISTRICTS -- Powers and Duties (need for referendum on contract
to receive fire protection from village with service award program)
FIRE PROTECTION AND PREVENTION -- Contracts (cost of service award program
for village fire department); (need for referendum on contract with village
having service award program) -- Villages (authority and procedure to establish
service award program)
FIRE PROTECTION DISTRICTS -- Fire Protection Contracts (cost of service award
program for village fire department) -- Service Award Program (authority and
procedure to establish for village fire department)
REFERENDUM -- Mandatory (to establish service award program for village fire
department); (need for on contract to receive fire protection from village
with service award program)
VILLAGES -- Power and Duties (authority and procedure to establish service
award program)
VOLUNTEER FIREFIGHTERS -- Service Award Program (authority and procedure to
establish for village fire department)
Opinion 90-56
PUBLIC OFFICERS AND EMPLOYEES -- Military Leave (additional paid
leave beyond statutory maximum period)
CONSTITUTIONAL LAW -- Gifts and Loans (authority to provide paid leaves of
absence)
Opinion 90-55
POLICE AND POLICE PROTECTION -- Disability Benefits (termination
of police department)
Opinion 90-54
PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (equitable
distribution of benefits in matrimonial actions)
Opinion 90-53
INDEPENDENT CONTRACTORS -- Consultants (authority to contract
out functions of village assessor); (authority to contract out
functions of village building inspector); (authority to contract
out functions of village road commissioner) -- Permissible Functions
(discretionary versus ministerial responsibilities)
VILLAGE BOARD -- Powers and Duties (authority to contract out discretionary
as opposed to ministerial functions)
REAL PROPERTY TAXES AND ASSESSMENTS -- Assessment Procedures (authority to
retain assessor on contractual basis)
BUILDING INSPECTOR -- Independent Contractor (authority to contract out functions
of village building inspector)
STREETS AND HIGHWAYS -- Independent Contractor (authority to contract out functions
of village road commissioner)
FEES -- Retention of (by independent contractor)
PUBLIC OFFICERS AND EMPLOYEES -- Powers and Duties (delegation of to independent
contractor)
Opinion 90-52
TOWN BOARD -- Powers and Duties (publication of minutes of meetings);
(publication of State Comptroller's report of examination)
TOWN CLERK -- Powers and Duties (required contents of minutes)
TOWN SUPERVISOR -- Powers and Duties (publication of minutes of town board
meeting); (publication of State Comptroller's report of examination)
Opinion 90-51
COUNTIES -- Powers and Duties (use of surcharge revenues for establishment
of an enhanced emergency telephone service)
Opinion 90-50
STREETS AND HIGHWAYS -- Improvements (municipal highway construction
performed by State in connection with State project)
STATE COMPTROLLER -- Municipal Highways (approval of Department of Transportation
contracts to construct municipal highways)
Opinion 90-49
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (improvement district
commissioners)
IMPROVEMENT DISTRICTS -- Commissioners (compensation)
WORDS AND PHRASES -- "Per day" (for purposes of compensation to improvement
district commissioners)
Opinion 90-48
PUBLIC CONTRACTS -- Lowest Responsible Bidder (criteria and procedure
for determining responsibility)
SCHOOL DISTRICTS -- Transportation Contracts (criteria and procedure for determining "responsibility" of
lowest bidder)
Opinion 90-47
PUBLIC OFFICERS AND EMPLOYEES -- Legal Expenses (reimbursement
of private legal fees when town official sued both individually
and officially)
SUPERINTENDENT OF HIGHWAYS -- Legal Expenses (recovery of private legal fees
when sued both individually and officially)
RATIFICATION -- Claims (legal services)
Opinion 90-46
COUNTY CLERK -- Fees (refund by State of county's portion of index
fees)
FEES -- Court Fees (refund by State of county's portion of index fees)
Opinion 90-45
PUBLIC CONTRACTS -- Standardization (contents of resolution)
Opinion 90-44
VILLAGE BOARD -- Compensation (statement of in notice of budget
hearing as excluding fringe benefits)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (salary exclusive of fringe benefits
for purposes of village budget hearing)
WORDS AND PHRASES -- Compensation (for purposes of Village Law, §5-508[3])
Opinion 90-43
PUBLIC OFFICERS AND EMPLOYEES -- Death Benefits (police officers
- eligibility of children)
POLICE AND POLICE PROTECTION -- Death Benefits (eligibility of children)
Opinion 90-42
CITIES -- Fees (filing of in rem tax foreclosure lists)
FEES -- Exemption from (housing authority) -- Liability for (city tax districts)
PUBLIC HOUSING AUTHORITY -- Fees (exemption from filing and recording fees)
REAL PROPERTY TAXES AND ASSESSMENTS -- Enforcement (fees for filing in rem
lists)
Opinion 90-41
SEWERS AND SEWERS SYSTEMS -- Sewer Lines (authority of village
to assess entire cost against benefited properties)
Opinion 90-40
VILLAGE MAYOR -- Deputy (right to vote as trustee and deputy mayor)
PUBLIC MEETINGS AND HEARINGS -- Voting Procedure (right of village deputy mayor
to vote as deputy and as trustee)
Opinion 90-39
FEES -- Imposition of (by town on behalf of fire district)
FIRE DISTRICTS -- Taxes (imposition of special tax or user fee)
LOCAL LAWS -- Fees (imposition on behalf of fire district) -- Preemption (fire
district finances)
TOWNS -- Powers and Duties (imposition of special tax or user fee on behalf
of a fire district)
Opinion 90-38
STREETS AND HIGHWAYS -- Seasonal Limited Use Highway (effect of
subsequent construction of residence on)
Opinion 90-37
REAL PROPERTY -- Sales (authority of village to accept offer lower
than highest offer)
VILLAGES -- Real Property (authority to sell for less than highest offer)
Opinion 90-36
REAL PROPERTY TAXES AND ASSESSMENTS -- Payments (medium of payment
- postdated checks)
Opinion 90-35
PUBLIC CONTRACTS -- Bidding Monetary Threshold (computation of
for fuel oil)
Opinion 90-34
FOREIGN FIRE INSURANCE TAXES -- Recipients (emergency rescue and
first aid squads)
Opinion 90-33
VILLAGE MAYOR -- Deputy (power to appoint officers and employees)
Opinion 90-32
REFERENDUM -- Mandatory (need for upon construction of building
for highway department purposes) -- Permissive (need for upon construction
of building for highway department purposes) -- Highway Garage
(referendum requirements for construction of)
STREETS AND HIGHWAYS -- Highway Garage (construction - need for referendum)
-- Highway Supplies and Equipment (acquisition of land and construction of
building for storage of)
BONDS AND NOTES -- Referendum Requirements (for DEC ordered construction of
town salt storage shed)
Opinion 90-31
PUBLIC MEETINGS AND HEARINGS -- Voting Procedures (authority to
allow act by majority of quorum)
LOCAL LAWS -- Voting Requirements (authority to allow act by majority of quorum)
Opinion 90-30
COUNTIES -- Fees (exception from payment of)
COUNTY CLERK -- Fees (for recording satisfaction of mortgage)
FEES -- County Clerk (collection of fees for recording satisfaction of mortgage)
Opinion 90-29
PUBLIC OFFICERS AND EMPLOYEES -- Restitution Agency (deposit of
unclaimed funds)
MUNICIPAL FUNDS -- Unclaimed restitution payments (transfer to general fund
not permissible)
Opinion 90-28
CONFLICTS OF INTEREST -- Engineering Services (planning board
member performing private engineering services for subdivisions)
ZONING AND PLANNING -- Planning Boards (propriety of board member providing
private engineering services for subdivisions)
Opinion 90-27
FIRE COMMISSIONERS -- Appointment (in joint fire district)
FIRE DISTRICTS -- Establishment of (joint fire district)
TOWN BOARD -- Powers and Duties (appointment of commissioners of joint fire
district); (establishment of joint fire district)
VILLAGE BOARD -- Powers and Duties (appointment of commissioners of joint fire
district); (establishment of joint fire district)
Opinion 90-26
BONDS AND NOTES -- Bond Resolution (exceeding maximum cost specified
in)
Opinion 90-25
FIRE DISTRICTS -- Powers and Duties (authority to contract for
water supply and hydrants) -- Taxes (authority to assess previously
incurred costs on a zone of assessment)
FIRE HYDRANTS -- Fire Districts (authority to contract for)
PUBLIC CONTRACTS -- Approval (effect of failure to obtain proper approval)
Opinion 90-24
PUBLIC OFFICERS AND EMPLOYEES -- Powers and Duties (delegation
of authority to hire bond counsel)
BONDS AND NOTES -- Bond Counsel (delegation of authority to hire)
Opinion 90-23
BONDS AND NOTES -- Debt Limit (exclusion from - cities of Buffalo,
Rochester and Syracuse)
Opinion 90-22
WATER SUPPLY AND DISTRIBUTION -- Public Water Systems (necessity
to pay interest on consumer deposits)
MUNICIPAL FUNDS -- Deposits and Investments (of consumer deposits for municipal
water utility)
Opinion 90-21
CLAIMS -- Audit (procedure in town)
LOCAL LAWS -- Transfer of Function (town clerk's function in connection with
preparation and custody of claims)
TOWN CLERK -- Powers and Duties (preparation and custody of claims)
Opinion 90-20
FOREIGN FIRE INSURANCE TAXES -- Particular Uses (donation to firemen's
association) -- Recipients (transfer of custody of moneys) -- Treasurer's
Powers (transfer of custody of moneys)
Opinion 90-19
FIRE COMMISSIONERS -- Powers and Duties (regulating activities
of fire companies)
FIRE COMPANY -- By-Laws (regulating internal affairs of company) -- Corporate
Status (distinguished from fire department) -- Membership (residency requirements)
-- Officers (residency requirements)-- Powers and Duties (consent to fire protection
contract)
FIRE DEPARTMENT -- Villages (distinguished from fire company)
FIRE PROTECTION DISTRICTS -- Fire Protection Contracts (consent by fire company
to contract)
VILLAGES -- Powers and Duties (administration of village fire department)
Opinion 90-18
PUBLIC CONTRACTS -- Contracts Requiring Competitive Bidding (purchase
of medical supplies)
Opinion 90-17
FIRE DISTRICTS -- Dissolution (disposition of surplus moneys)
Opinion 90-16
CONFLICTS OF INTEREST -- Employment Contracts (member of county
board of health retained by county health department) -- Medical
Services (member of county board of health retained by county health
department)
HEALTH AND HEALTH SERVICES -- Board of Health (member as consultant to health
department) -- Contracts for (consulting services by member of board of health)
Opinion 90-15
POLICE AND POLICE PROTECTION -- Police Department (establishment
of position of deputy town police commissioner)
TOWN BOARD -- Powers and Duties (establishment of position of deputy town police
commissioner)
LOCAL LAWS -- Abolition and Creation of Municipal Positions and Departments
(establishment of position of deputy town police commissioner) -- Procedural
Requirements (mandatory referendum - establishment of position of deputy town
police commissioner)
Opinion 90-14
ZONING AND PLANNING -- Subdivisions (validity of engineering and
legal fees imposed upon developer); (direct payment by developer
of subdivision review fees to engineer or lawyer)
Opinion 90-13
STREETS AND HIGHWAYS -- Utilities (municipal sewer project connected
with reconstruction of State highway)
SEWERS AND SEWER SYSTEMS -- Highway Rights-of-Way (municipal sewer project
connected with reconstruction of State highway)
Opinion 90-12
COUNTY TREASURER -- Powers and Duties (payment out of money paid
into court)
Opinion 90-11
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (overtime pay and
compensatory time off) -- Overtime (compensatory time off - effect
of Fair Labor Standards Act)
Opinion 90-10
SUPERINTENDENT OF HIGHWAYS -- Powers and Duties (trimming or removal
of trees)
LOCAL LAWS -- Streets and Highways (highway superintendent's duty to trim or
remove trees) -- Transfer of Functions (highway superintendent's duty to trim
or remove trees)
TOWN BOARDS -- Powers and Duties (conservation advisory councils and conservation
boards)
Opinion 90-9
CLAIMS -- Audit (scope of village auditor's authority); (necessity
of vendor certification)
LOCAL LAWS -- Preemption (matters contained in article 5 of Village Law)
VILLAGE BOARD -- Powers and Duties (delegation of authority to make budget
transfers)
Opinion 90-8
FOREIGN FIRE INSURANCE TAXES -- Local Laws (preemption)
LOCAL LAWS -- Preemption (foreign fire insurance taxes)
Opinion 90-7
INDUSTRIAL DEVELOPMENT AGENCIES -- Employees (defense and indemnification
by municipality)
PUBLIC OFFICERS AND EMPLOYEES -- Legal Expenses (defense and indemnification
by municipality of employees of industrial development agency)
Opinion 90-6
COUNTIES -- Powers and Duties (naming of public facilities after
corporate grantor) -- Social Services Districts (acceptance of
corporate grant for day care purposes)
MUNICIPAL CORPORATIONS -- Powers and Duties (acceptance of gift on condition
that public facility be named after donor)
Opinion 90-5
LIBRARIES -- Library Trustees (increase in their number)
Opinion 90-4
BONDS AND NOTES -- Permissible Uses (financing dredging of pond
within village)
REAL PROPERTY TAXES AND ASSESSMENTS -- Assessments (special assessments in
village)
VILLAGES -- Powers and Duties (imposition of benefit assessments for drainage)
Opinion 90-3
SALES TAX -- Distribution (method of computing full valuation)
REAL PROPERTY TAXES AND ASSESSMENTS -- County Taxes (method of computing full
valuation)
Opinion 90-2
LIBRARIES -- Contracts (with town library by village) -- Grants
(by village to town library)
VILLAGES -- Powers and Duties (contract for library services with, or grant
to town library)
Opinion 90-1
CONSTITUTIONAL LAW -- Gifts and Loans (gifts of moneys to public
entities)
LOCAL LAWS -- Municipal Funds (authorizing gift of to another municipal corporation)
MUNICIPAL FUNDS -- Appropriations and Expenditures (use of commercial hazardous
waste facility assessments); (contributions to public entities - school district)
Opinion 89-65
CONFLICTS OF INTEREST -- Legal Services (contract with town attorney's
law firm)
TOWN ATTORNEY -- Conflict of Interest (contract by town with town attorney's
law firm for additional legal services)
Opinion 89-64
CONSTITUTIONAL LAW -- Gifts and Loans (consideration paid for
the purchase of property)
REAL PROPERTY -- Acquisition Generally (consideration paid) -- Purchases (consideration
paid); (obtaining appraisals)
Opinion 89-63
FEES -- Exemption From (housing authority)
PUBLIC HOUSING AUTHORITIES -- Fees (exemption from court fees)
Opinion 89-62
FIRE DISTRICTS -- Elections (signing multiple nominating petitions)
ELECTIONS -- Fire Districts (signing multiple nominating petitions)
PUBLIC OFFICERS AND EMPLOYEES -- Mode of Selection (signing multiple nominating
petitions for fire district office)
Opinion 89-61
TOWN SUPERVISOR -- Compensation (salary charged on townwide basis)
SUPERINTENDENT OF HIGHWAYS -- Compensation (salary charged on townwide basis)
TOWN CLERK -- Compensation (salary charged on townwide basis)
BUILDING INSPECTOR -- Compensation (salary in town charged only to area of
town outside of villages)
VILLAGE JUSTICE -- Abolition (effect of)
MUNICIPAL FUNDS -- Part-Town charges (salaries of town officers)
Opinion 89-60
CONFLICTS OF INTEREST -- Building Inspector (engaged in private
business of performing home inspections)
Opinion 89-59
WATER RENTS -- Imposition of (authority to impose water rates
to raise both operation and maintenance and capital costs)
WATER DISTRICTS -- Capital Costs (authority to impose water rates to raise
both operation and maintenance and capital costs)
Opinion 89-58
IMPROVEMENT DISTRICTS -- Establishment (authority to establish
overlapping town districts authorized to provide same improvements
or services)
PARK DISTRICTS -- Establishment (authority to establish park district within
an existing park district)
Opinion 89-57
MUNICIPAL COOPERATION -- Capital Improvements (town improvement
of village street)
STREETS AND HIGHWAYS -- Highway Department (town repair and improvement of
village street)
PUBLIC CONTRACTS -- Contracts not Requiring Bidding (town repair and improvement
of village street)
Opinion 89-56
LOCAL LAWS -- Compensation (authority to make incentive payments
to employees who report health care services billed but not provided)
COLLECTIVE BARGAINING -- Compensation (payments to employees who report health
care services billed but not provided)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (payments to employees who report
health care services billed but not provided)
Opinion 89-55
POLICE AND POLICE PROTECTION -- Police Chief (delegation of power
to determine promotions) -- Police Department (delegation to chief
of police of power over promotions)
LOCAL LAWS -- Transfer of Functions (delegation to chief of police of power
over promotions)
Opinion 89-54
MUNICIPAL FUNDS--Capital Reserve Fund (creation of by town for
construction of water improvements)
WATER IMPROVEMENT--Construction (use of capital reserve fund)
Opinion 89-53
FOREIGN FIRE INSURANCE TAXES--Recipients (basis for allocation
between or among fire companies in a multi-company fire department)
Opinion 89-52
AMBULANCE SERVICE -- Regional Coordination (establishment of county
office to coordinate training)
COUNTIES -- Powers and Duties (power to coordinate training of emergency medical
service providers)
LOCAL LAWS -- Preemption (county coordination of emergency medical service
training)
Opinion 89-51
FIRE PROTECTION AND PREVENTION -- Contracts (additional payments
for the services of private contractors); (cost of VFBL insurance)
FIRE PROTECTION DISTRICTS -- Fire Protection Contracts (additional payments
for the services of private contractors); (cost of VFBL insurance)
Opinion 89-50
CONSTITUTIONAL LAW -- Gifts and Loans (drainage improvement on
private property)
CLAIMS -- Compromise or Settlement (drainage improvement on private property
as settlement)
TOWNS -- Powers and Duties (drainage improvement on private property)
Opinion 89-49
FEES -- Court Fees (in proceeding for appointment of administrator
c.t.a. or d.b.n., or successor executor)
Opinion 89-48
COUNTY CLERK -- Powers and Duties (custody of bonds to discharge
liens executed under Lien Law, §37)
Opinion 89-47
FIRE DISTRICTS -- Extension (when adjoining fire protection district
is dissolved) -- (assessment of capital costs in district as extended)
FIRE PROTECTION DISTRICTS -- Dissolution (when added to adjoining fire district)
Opinion 89-46
PUBLIC OFFICERS AND EMPLOYEES -- Eligibility (U.S. citizenship)
ZONING AND PLANNING -- Planning Board (members must be U.S. citizens)
Opinion 89-45
LOCAL LAWS -- Compensation (fixed amount plus hourly rate for
attorney employed as counsel to zoning board of appeals)
ZONING AND PLANNING -- Zoning Board of Appeals (paying fixed amount plus hourly
rate for attorney employed as counsel to zoning board of appeals)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (fixed amount plus hourly rate
for attorney employed as counsel to zoning board of appeals)
Opinion 89-44
VILLAGE JUSTICE -- Acting Justice (reporting requirement to the
State Comptroller)
STATE COMPTROLLER -- Justice Court Fund (reporting requirements for acting
village justices)
Opinion 89-43
FIRE DISTRICTS -- Treasurer (change from elective to appointive)
Opinion 89-42
MUNICIPAL FUNDS -- Deposits and Investments (authority to invest
in Treasury Bills under "Treasury Direct" program)
Opinion 89-41
FIRE DISTRICTS -- Powers and Duties (establishment of service
award program); (referendum requirement); (necessity of public
hearing)
VOLUNTEER FIREFIGHTERS -- Service Award Program (establishment of); (referendum
requirement); (necessity of public hearing)
Opinion 89-40
FIRE COMMISSIONERS -- Reimbursement for Expenses (loss of wages)
VOLUNTEER FIREFIGHTERS -- Reimbursement for Expenses (loss of wages)
WORDS AND PHRASES -- Employer (meaning for purposes of General Municipal Law, §72-o)
Opinion 89-39
CONFLICT OF INTEREST -- Insurance Transactions (town board member
as employee of insurance agency) -- Exceptions (remuneration and
duties exception); (contracts entered into prior to election to
office)
Opinion 89-38
PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (authority
of a school district to purchase insurance to provide benefits
to the beneficiaries of a retiree)
Opinion 89-37
STATE COMPTROLLER -- Powers and Duties (filing of registration
statements by pawnbrokers)
LICENSING AND REGULATORY POWERS -- Pawnbrokers (authority to license)
Opinion 89-36
MUNICIPAL FUNDS -- Capital Reserve Funds (referendum requirements
where capital improvement has a period of probable usefulness of
five years)
Opinion 89-35
LOCAL LAWS -- Procedural Requirements (mandatory referendum -
transfer of powers of town supervisor)
MUNICIPAL FUNDS -- Deposits and Investments (authority to make temporary investments)
TOWN BOARD -- Powers and Duties (authority over temporary investments)
TOWN COMPTROLLER -- Powers and Duties (extent to which comptroller may be authorized
to exercise the powers of the supervisor); (designation of chief fiscal officer)
TOWN SUPERVISOR -- Powers and Duties (transfer to town comptroller)
Opinion 89-34
TOWN BOARD -- Powers and Duties (authority to investigate misuse
of highway equipment and discipline highway department employees);
(authority to direct rescission of highway superintendent's appointment
of deputy highway superintendent)
SUPERINTENDENT OF HIGHWAYS -- Powers and Duties (authority to discipline highway
department employees)
Opinion 89-33
CLAIMS -- Audit (necessity to pre-audit claims for compensation
of village officers and employees)
VILLAGE BOARD -- Powers and Duties (pre-audit of compensation paid to village
officers and employees)
Opinion 89-32
CONFLICTS OF INTEREST -- Approval of Contracts (issuance of check
by county treasurer) -- Leases (contract between county and corporation
of which county treasurer is stockholder) -- Stock Ownership (county
treasurer as stockholder)
Opinion 89-31
ELECTIONS -- Recall Election (authority of city voters to petition)
REFERENDUM-- Recall Election (authority of city voters to petition)
CHARTERS -- City Charters (right to hold recall election)
LOCAL LAWS -- Recall Election (authority of city to provide for)
Opinion 89-30
PERSONAL PROPERTY -- Gasoline (authority to provide to private
senior citizens organization under contract)
Opinion 89-29
REAL PROPERTY -- Sale (authority of village to exchange property
with a federal agency)
Opinion 89-28
IMPROVEMENT DISTRICTS -- Expenses (allocating cost of increase
or improvement of facilities); (of excess water tank capacity);
(payment of the cost of preparing a general map, plan, and report);
(of preliminary study)
WATER DISTRICTS -- Improvement of Facilities (allocating cost of increase or
improvement of facilities) -- Water Supply (financing water study)
Opinion 89-27
CONSTITUTIONAL LAW -- Equal Protection (different contributions
for health insurance for newly-elected county supervisors)
INSURANCE -- Health Insurance (different contributions for health insurance
for newly-elected county supervisors)
WORDS AND PHRASES -- "Compensation" (for purposes of County Law, §200)
Opinion 89-26
CONFLICTS OF INTEREST -- Financial Disclosure (applicability to
fire districts)
Opinion 89-25
MUNICIPAL FUNDS -- Capital Reserve Fund (use of moneys in to pay
debt service) -- Repair Reserve Fund (transfer of moneys to capital
reserve fund)
SEWERS AND SEWER SYSTEMS -- Contracts (for use of excess capacity of sewage
treatment plant) -- Financing of (permissible means of financing expansion
of village sewage treatment plant for use by town sewer districts)
VILLAGES -- Powers and Duties (permissible means of financing expansion of
village sewage treatment plant for use by town sewer districts); (authority
to sell excess capacity in sewage treatment plant)
Opinion 89-24
CONFLICT OF INTEREST -- Collective Bargaining Agreement (school
board member holding position in state teachers association) --
Code of Ethics (school board member holding position in state teachers
association); (school board member owning college entrance counselling
and tutoring business)
Opinion 89-23
REAL PROPERTY -- Lease (to State agency at less than fair and
adequate consideration)
Opinion 89-22
STREETS AND HIGHWAYS -- Traffic Signals (responsibility of towns
to install and maintain)
TOWNS -- Powers and Duties (responsibility to install traffic signals)
Opinion 89-21
STREETS AND HIGHWAYS -- Obstructions (cutting or removal of trees
along town line highway) -- Repairs (repair and maintenance of
town line highway)
SUPERINTENDENT OF HIGHWAYS -- Powers and Duties (maintenance and repair of
town line highway, including cutting or removal of trees)
Opinion 89-20
CONFLICTS OF INTEREST -- Codes of Ethics (town's code not applicable
to fire district officers and employees) -- Board of Ethics (town
board of ethics may not act with respect to fire district officers
and employees)
Opinion 89-19
FEES -- Court Fees (filing fees on appeals to Appellate Divisions
and Court of Appeals)
Opinion 89-18
PUBLIC OFFICERS AND EMPLOYEES -- Conferences and Training Schools
(wages lost from regular job while attending required basic course
of assessors' training)
TOWN ASSESSOR -- Training (reimbursement for wages lost from regular job)
TOWNS -- Powers and Duties (authority to reimburse town assessor for wages
lost from regular job while attending required basic course of assessors' training)
-- (authority to recover unauthorized payments)
Opinion 89-17
SCHOOL DISTRICTS -- Reserve Fund (authority to establish fund
to pay tax certiorari claims)
REAL PROPERTY TAXES AND ASSESSMENTS -- Certiorari Proceedings (authority for
school district to establish reserve fund to pay certiorari claims)
Opinion 89-16
FOREIGN FIRE INSURANCE TAXES -- Particular Uses (publication of
newsletter)
Opinion 89-15
FIRE PROTECTION AND PREVENTION -- Contracts (must specify definite
sum); Calls for assistance (responsibility for negligence of firemen
and property damage)
FIRE PROTECTION DISTRICTS -- Contracts (with village)
VILLAGES -- Powers and Duties (authority to purchase liability insurance for
vehicles owned by the village fire department)
Opinion 89-14
REAL PROPERTY TAXES AND ASSESSMENTS -- Payments (collecting officer
may not solicit stamped envelopes for mailing tax receipts)
Opinion 89-13
PUBLIC CONTRACTS -- Contracts Not Requiring Bidding (purchase
of used equipment of another municipality at auction) -- Contracts
Requiring Bidding (purchase of used equipment from private entity)
Opinion 89-12
CONFLICTS OF INTEREST -- Construction Contracts -- (propriety
of engineer, who intends to bid, preparing specifications and supervising
work)
CONFLICTS OF INTEREST - - Engineering Services -- (propriety of engineer, who
intends to bid, preparing specifications and supervising work)
INDEPENDENT CONTRACTORS - - Conflicts of Interest -- (propriety of engineer,
who intends to bid, preparing specifications and supervising work)
PUBLIC CONTRACTS -- Specifications -- (propriety of engineer, who intends to
bid, preparing specifications and supervising work)
Opinion 89-11
FOREIGN FIRE INSURANCE TAXES -- Exempt Volunteer Firemen's Benevolent
Associations (use of tax moneys to rent meeting room)
Opinion 89-10
PUBLIC OFFICERS AND EMPLOYEES - Conferences and Training Schools
(authority of public library to provide for cash advances) - Reimbursement
For Expenses (authority of public library to provide for cash advances)
Opinion 89-9
ABANDONED AND LOST PROPERTY -- Compensation of Employees (disposition
of unclaimed paycheck of deceased employee)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (disposition of unclaimed paycheck
of deceased employee)
Opinion 89-8
MUNICIPAL FUNDS -- Repair Reserve Fund (necessity for consent
by the Office of the State Comptroller to establishment by school
district in Adirondack Park)
SCHOOL DISTRICTS -- Repair Reserve Fund (necessity for consent by the Office
of the State Comptroller to establishment by a school district in Adirondack
Park)
STATE COMPTROLLER -- Approval by (for establishment of repair reserve fund
by school district in Adirondack Park)
Opinion 89-7
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (additional compensation
for the board of assessment review for extra meeting)
Opinion 89-6
FINES AND PENALTIES -- Distribution of (fines imposed by a court
of record)
Opinion 89-5
COUNTY CLERK -- Fees (for notice of pendency affecting more than
one parcel)
ACTIONS AND PROCEEDINGS -- Notice of Pendency (filing fee when affecting more
than one parcel)
Opinion 89-4
CONFLICT OF INTEREST -- Banking Transactions (purchase of bonds
and notes when town supervisor is director and stockholder of bank);
(designation of bank as depository when town supervisor is director
and stockholder)
Opinion 89-3
PUBLIC CONTRACTS -- Purchases through County or State (must be
under same terms and conditions as the state or county contract)
-- Contracts Requiring Bidding (purchase from State contract vendor
under terms and conditions varying from State contract)
Opinion 89-2
HEALTH AND HEALTH SERVICES - Municipal Nursing Homes (participation
in group purchasing programs)
PUBLIC CONTRACTS - Contracts Not Requiring Bidding (purchases by municipal
nursing homes pursuant to a group purchasing program)
Opinion 89-1
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (authority to convert
employee's accumulated leave time into cash upon death in service)
-- Leave time generally (authority to convert into cash upon death
in service) -- Sick Leave (authority to convert into cash upon
death in service) -- Vacations (authority to convert into cash
upon death in service)
MUNICIPAL FUNDS -- Appropriations and Expenditures (authority to convert employee's
accumulated leave time into cash upon death in service)
Opinion 88-79
CONSTITUTIONAL LAW -- Gifts and Loans (applicability of prohibition
to moneys received from federal government)
Opinion 88-78
POLICE AND POLICE PROTECTION -- Contract for (additional protection
by county to village); (additional protection by town to village)
-- Financing (exemption of village from town tax for town police
services) -- Police Chief (necessity for in village) -- Police
Department (abolishment of in village); (necessity of if village
has justice court); (prior notice requirements for abolishment)
Opinion 88-77
CONFLICTS OF INTEREST -- Exceptions (contracts with not-for-profit
corporations)
Opinion 88-76
LIBRARIES -- Investments (of private moneys) -- Private Moneys
(accounting for); (investment of) -- Taxes (applying private source
moneys to reduce)
Opinion 88-75
CONFLICTS OF INTEREST -- Legal Services (contract with city attorney's
profit corporation law firm)
Opinion 88-74
MUNICIPAL FUNDS -- Appropriations and Expenditures (contributions
to private organizations -- veterans memorial committee)
Opinion 88-73
IMPROVEMENT DISTRICTS -- Reserve Fund (authority to establish)
MUNICIPAL FUNDS -- Capital Reserve Fund (creation of by town for
improvement district)
Opinion 88-72
SEWER DISTRICTS -- Establishment (of town district within county
district)
Opinion 88-71
CITIES -- Powers and Duties (waiver of penalties arising from
nonpayment of water rents to compromise a claim)
CLAIMS -- Compromise or Settlement of (waiver of penalties arising
from nonpayment of water rents)
Opinion 88-70
REFERENDUM -- Advisory (fluoridation of water)
Opinion 88-69
AMBULANCE SERVICE -- Contracts (by village with same entity with
which town contracts)
Opinion 88-68
ZONING AND PLANNING -- Planning Boards (authority of individual
member to vote on matter of personal interest)
CONFLICTS OF INTEREST -- Contracts (whether application for subdivision
approval constitutes a contract) -- Disclosure of Interest (application
for subdivision approval)
Opinion 88-67
CONFLICTS OF INTEREST -- Legal Services (law partner of village
mayor hired as village attorney)
Opinion 88-66
PERSONAL PROPERTY -- Computers (authority to copyright programs);
(authority to market programs) -- Disposition of (authority of
school district to sell computer programs)
SCHOOL DISTRICTS -- Personal Property (authority to copyright
computer programs); (authority to sell computer programs); (authority
to release copyright) -- Powers and Duties (authority to market
computer programs; (authority to sell computer programs); (authority
to release copyright)
Opinion 88-65
REAL PROPERTY TAXES AND ASSESSMENTS -- Payments (issuance of tax
receipts when taxes are paid by mortgagee)
Opinion 88-64
PUBLIC HOUSING AUTHORITIES -- Officers and Employees (employee
health and dental benefits)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (health and dental
benefits for housing authority employees)
MUNICIPAL COOPERATION -- Insurance (joint agreement between municipality
and public housing authority to provide employee health and dental
benefits)
INSURANCE -- Health Insurance (authority to provide for housing
authority employees)
Opinion 88-63
POLICEMEN AND POLICE PROTECTION -- Auxiliary Police (use of moneys
received as gift for unit established for village)
Opinion 88-62
MUNICIPAL FUNDS -- Capital Reserve Fund (creation of by town
to finance closure of landfill); (payment of landfill fees into
fund)
LANDFILL -- Closure (creation of capital reserve fund to finance)
REFUSE AND GARBAGE -- Solid Waste Facility (creation of capital
reserve fund to finance closure of landfill)
Opinion 88-61
REAL PROPERTY TAXES AND ASSESSMENTS -- Payments (use of certificate
of mailing to prove timeliness of)
Opinion 88-60
PARKS AND RECREATION -- Concessions (to operate golf course);
(as distinguished from lease)
PUBLIC CONTRACTS -- Contracts Not Requiring Bidding (concessions)
Opinion 88-59
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (authority to pay
village justice the salary of acting village justice); (retroactive
payment); (salary increase for village justice)
VILLAGE JUSTICE -- Acting Justice (appointment mandatory) -- Compensation
(authority to increase during term)
Opinion 88-58
MUNICIPAL FUNDS -- Capital Reserve Funds (referendum requirements
for fund established for type of improvement)
STREETS AND HIGHWAYS -- Highway Garage (referendum requirement)
Opinion 88-57
WATER RENTS -- Rates (schedule of rates may include a classification
under which low income senior citizens are charged at a reduced
rate)
CONSTITUTIONAL LAW -- Equal Protection (classification of users
based on age and income)
Opinion 88-56
CONFLICTS OF INTEREST -- Purchases and Sales (fire district commissioner
an employee of firm doing business with district) -- Exceptions
(remuneration and duties exception)
Opinion 88-55
FIRE COMPANY- Powers and Duties (submission of books and records
for audit)
FIRE PROTECTION AND PREVENTION -- Contracts (requiring submission
of fire company books for audit); (regulating fund raising activities
of village fire department)
VILLAGE BOARD -- Powers and Duties (requiring submission of fire
company books for audit); (requiring submission of report by chief
of fire department)
Opinion 88-54
IMPROVEMENT DISTRICTS -- Extensions (prior to effective date of
a consolidation)
WATER DISTRICTS -- Extension (prior to effective date of a consolidation)
Opinion 88-53
PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (exclusion
of compensation for working vacations from calculation of final
average salary)
Opinion 88-52
CONFLICTS OF INTEREST -- Purchases and Sales (community college
officers and employees who are directors of a not-for-profit corporation
which purchases real property from county) -- Interest in Contract
(community college officers and employees who are directors of
a not-for-profit corporation which purchases real property from
county) -- Exceptions (contracts with not-for-profit corporations)
-- Disclosure of Interest (when required)
COMMUNITY COLLEGES -- Conflicts of Interest (community college
officers and employees who are directors of a not-for-profit corporation
which purchases real property from county) -- Real Property (community
college officers and employees who are directors of a not-for-profit
corporation which purchases real property from county)
Opinion 88-51
MUNICIPAL FUNDS -- Repair Reserve Fund (procedure for abolition
of); (use of moneys for dredging lake)
Opinion 88-50
MUNICIPAL FUNDS -- Capital Reserve Fund (use of moneys to fix
dents and small holes, and clean and refinish the interior of a
water storage tank)
Opinion 88-49
PUBLIC OFFICERS AND EMPLOYEES -- Criteria For Determining Public
Office (description of) -- Removal (of officer or employee appointed
for fixed term)
LOCAL LAWS -- Procedural Requirements (effect of failure to comply
with)
VILLAGE MAYOR -- Powers and Duties (authority to make motions
at board meetings)
Opinion 88-48
PUBLIC CONTRACTS -- Contracts Not Requiring Bidding (purchases
of equipment by certain public authorities); (solicitation of competition
for)
PUBLIC AUTHORITIES -- Competitive Bidding Requirements (purchases
of equipment)
Opinion 88-47
REAL PROPERTY TAXES AND ASSESSMENTS -- Enforcement (applicability
of general statutes of limitations to lien enforcement)
Opinion 88-46
MUNICIPAL COOPERATION -- Municipal Funds (cooperative investments)
MUNICIPAL FUNDS -- Deposits and Investments (as cooperative activity)
Opinion 88-45
CAPITAL IMPROVEMENTS -- Financing of (bank line of credit unauthorized)
Opinion 88-44
CONFLICTS OF INTEREST -- Engineering Services (town board member
employed by engineering firm) -- Interest in Contract (town board
member employed by town's engineering firm); (interest arising
after execution of contract)
Opinion 88-43
WORKERS' COMPENSATION -- Self-Insurance (reimbursement of sheriff's
personnel account for General Municipal Law, §207-c salary
payments)
COUNTY SHERIFF -- Disability (reimbursement of sheriff's personnel
account from county's workers' compensation self-insurance fund
for General Municipal Law, §207-c salary payments)
COUNTIES -- Fund Transfers (reimbursement of sheriff's personnel
account from county's workers' compensation self-insurance fund
for General Municipal Law, §207-c salary payments)
Opinion 88-42
SALES TAX -- Distribution of (adjustment by county of erroneous
payments to other municipalities)
MUNICIPAL CORPORATIONS -- Setoff (right of county to recoup erroneous
sales tax allocations to other municipalities)
Opinion 88-41
FIRE PROTECTION AND PREVENTION -- Towns (authority to conduct
fire prevention programs)
TOWN BOARD -- Powers and Duties (authority to contract for the
presentation of fire prevention programs)
PERSONAL PROPERTY -- Municipal Equipment (use by private organization
under contract)
Opinion 88-40
MUNICIPAL COOPERATION - Municipal Funds (allocation of moneys
held for joint service); (audit of claims for joint service) --
Youth Programs (delegation of control and supervision of joint
service)
VILLAGES -- Fiscal Year (change in fiscal years)
Opinion 88-39
BAIL MONEYS -- Disposition (cash bail on felony complaint held
by town court and forfeited while town court retains jurisdiction)
Opinion 88-38
FEES -- Court Fees (filing fees on appeals to Appellate Divisions
and Court of Appeals)
Opinion 88-37
BONDS AND NOTES -- Periods of Probable Usefulness (purchase of
police cars)
Opinion 88-36
COUNTY SHERIFF -- Liability (loss of funds)
INSURANCE -- Liability Insurance (authority of county to purchase
on behalf of sheriff)
Opinion 88-35
PUBLIC CONTRACTS -- Professional Services (computer software or
programming services); (combination of purchase of commodity and
professional services) -- Sole Source (acquisition of unique computer
software) -- Contracts Requiring Bidding (purchase of canned or
prepackaged computer software)
Opinion 88-34
VEHICLE AND TRAFFIC REGULATIONS -- Towns (manner of adoption of
regulations, orders and rules) -- Villages (manner of adoption
of regulations, orders and rules)
Opinion 88-33
SEWER DISTRICTS -- Construction (of laterals to serve previously
unserved properties within the district)
IMPROVEMENT DISTRICTS -- Expenses (allocating cost of installation
of laterals)
TOWN BOARD -- Powers and Duties (use of general fund moneys to
pay cost of district improvements); (authority to compromise claim)
Opinion 88-32
TOWN BOARD -- Powers and Duties (authority to publish names, office
addresses and phone numbers of town officials)
Opinion 88-31
FEES -- Refund (refund by county treasurer of 2% cash bail fee)
COUNTY TREASURER -- Powers and Duties (refund of 2% cash bail
fee)
Opinion 88-30
WATER DISTRICTS -- Assessments (properties deemed benefited to
be assessed for costs of the district) -- Connections (requiring
property owners to connect to a district water system)
Opinion 88-29
CONFLICTS OF INTEREST -- Purchases and Sales (mayor's purchase
of real property from village IDA) -- Industrial Development Agency
(mayor's purchase of real property from village IDA)
Opinion 88-28
OFFICIAL NEWSPAPER -- Designation of (criteria for designation
in towns)
LOCAL LAWS -- Official newspaper (designation by town)
Opinion 88-27
PAID FIREFIGHTERS -- Disability Benefits (termination of paid
fire department)
Opinion 88-26
BONDS AND NOTES -- Permissible Uses (financing construction of
building by town for State Police use)
Opinion 88-25
PARK DISTRICTS -- Use of (exclusion of nonresidents); (imposition
of fees and regulations)
Opinion 88-24
CONFLICTS OF INTEREST -- Interest in Contract (reimbursement to
board member for expenses incurred in maintaining private pond)
Opinion 88-23
CONFLICTS OF INTEREST -- Construction Contracts (village trustee
an employee, officer and stockholder of construction company) --
Exceptions (no exception for emergency situations)
Opinion 88-22
SEWER DISTRICTS -- Construction (inclusion of park facilities as
district expenses)
PARK DISTRICTS -- Use (restrictions on nonresidents)
PARKS AND RECREATION -- Facilities (exclusion of nonresidents);
(imposition of fees)
Opinion 88-21
ZONING AND PLANNING - Park Lands (use of park trust fund moneys
to construct indoor recreational facility); (use of park trust
fund moneys to construct recreational building in which room(s)
used for public meetings)
Opinion 88-20
COUNTIES -- Courts (authority to relocate family court) -- County
Seat (effect of relocation of family court)
Opinion 88-19
ACTIONS AND PROCEEDINGS -- Authority To Institute (by town to
challenge establishment of private landfill)
TOWNS -- Powers and Duties (acceptance of gift to defray expenses
of lawsuit)
REFERENDUM -- Landfill (establishment of private landfill)
Opinion 88-18
TAXES -- Mortgage Tax (distribution to newly incorporated village)
VILLAGES -- Incorporation (right to distribution of mortgage tax)
Opinion 88-17
ZONING AND PLANNING -- Park Lands (whether municipality may compel
subdivider to dedicate park land)
Opinion 88-16
COUNTY SHERIFF -- Enforcement of Judgment (method of computing
interest on income executions) -- Poundage Fees (method of computing
poundage fees on income executions)
Opinion 88-15
CONFLICTS OF INTEREST -- Insurance Transactions (village board
member and school district attorney as comptroller of incorporated
insurance company)
Opinion 88-14
ABANDONED AND LOST PROPERTY -- County Sheriff (disposition of
unclaimed county prisoners' property)
MUNICIPAL FUNDS -- Trust and Agency Funds (transfer of abandoned
property to)
STATUTE OF LIMITATIONS -- Unclaimed Funds (county prisoners)
Opinion 88-13
CONFLICTS OF INTEREST -- Insurance Transactions (village mayor
as vice-president and stockholder of insurance company)
Opinion 88-12
PUBLIC CONTRACTS -- Contracts Not Requiring Bidding (services
provided under a municipal cooperation agreement)
MUNICIPAL COOPERATION -- Refuse and Garbage (joint refuse collection
services) -- Competitive Bidding (need for where one municipality
provides a service to another)
REFUSE AND GARBAGE -- Collection of (municipal cooperation agreement
for services)
Opinion 88-11
PARKS AND RECREATION -- Park Land (conveyance of lands subject
to reversionary interest)
Opinion 88-10
TAXES -- Gross Receipts Tax (liability of municipality for)
PUBLIC CONTRACTS -- Modification (addition of amount of gross
receipts tax on petroleum products)
Opinion 88-9
WATER DISTRICTS -- Improvement of Facilities (procedure for acquisition
of real property by district governed by separate board)
IMPROVEMENT DISTRICTS -- Property (procedure for acquisition
of real property by district governed by separate board)
Opinion 88-8
CONFLICTS OF INTEREST -- Maintenance Contracts (fire commissioner
who is president and stockholder of company servicing district
vehicles) -- Exceptions (abstention from voting not an exception)
Opinion 88-7
BONDS AND NOTES - Proceeds (use of surplus proceeds to pay debt
service)
MUNICIPAL FUNDS - Appropriations and Expenditures (need to use
debt service appropriation where surplus bond proceeds available)
Opinion 88-6
PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (authority
of municipality to contribute to "defined contribution pension
plan")
Opinion 88-5
INSURANCE -- Health Insurance (authority to cover retired employees);
(retirees reduction of benefits)
PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (reduction
of health insurance benefits)
Opinion 88-4
COUNTIES -- Powers and Duties (providing refreshments to trainees
at foster parent training session)
MUNICIPAL FUNDS -- Appropriations and Expenditures (in recognition
of municipal service - refreshments to foster parent trainees)
Opinion 88-3
FINES AND PENALTIES -- Distribution by State Comptroller (fines
for violations of Workers' Compensation Law)
WORKERS' COMPENSATION LAW, §52(2): Fines imposed under the
Workers' Compensation Law are paid into the Uninsured Employers'
Fund.
Opinion 88-2
REAL PROPERTY TAXES AND ASSESSMENTS -- Assessments (special assessment
area for refuse collection in village)
LOCAL LAWS -- Refuse and Garbage Collection (imposition of benefit
assessment for in village)
REFUSE AND GARBAGE -- Collection of (means of financing collection
in villages)
Opinion 88-1
PARKING FACILITIES -- Conveyance of (to U.S. Postal Service);
(necessity of special act authorizing)
REAL PROPERTY -- Conveyances Generally (of village parking lot)
-- Gifts (of parking lot to U.S. Postal Service)
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