Legal Opinions, 2002 - 2001
These opinions represent the views of the Office of the State Comptroller at the time they were rendered. The opinions may no longer represent those views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues discussed in the opinions.
Opinion 2002-17
PUBLIC CONTRACTS -- Award
(of prime contract to construction manager) -- Coordination of
Work (by construction manager who is also a prime contractor)
-- Separate Specification Requirement (award of prime contract
to construction manager)
Opinion
2002-16
CONSTITUTIONAL LAW -- Gifts
and Loans (payments to not-for-profit corporation to publicize
resources available in downtown area)
MUNICIPAL CORPORATIONS -- Powers and Duties (publicizing resources available
in downtown area)
MUNICIPAL FUNDS -- Appropriations and Expenditures (expenditures to publicize
resources available in downtown area); Publicity Funds (expenditures to publicize
resources available in downtown area)
TOWNS -- Powers and Duties (expenditures to publicize resources available in
downtown area)
VILLAGES -- Powers and Duties (expenditures to publicize resources available
in downtown area)
Opinion
2002-15
MUNICIPAL FUNDS -- Town Charges
(street lighting and maintenance of town hall as townwide charges)
STREETS AND HIGHWAYS -- Lighting (as townwide charge in towns)
TOWNS -- Powers and Duties (maintenance of town hall as townwide charge); (street
lighting as townwide charge)
Opinion
2002-14
CLAIMS -- Compromise and
Settlement (incurrence of reasonable expenses to evaluate appropriateness
of settlement)
CONSTITUTIONAL LAW -- Gifts and Loans (work performed on private property in
connection with evaluating appropriateness of settlement)
Opinion
2002-13
FOREIGN FIRE INSURANCE TAXES
-- Particular Uses (funding fire department sports or recreational
teams); (paying expenses of fire departments' annual fund-raising
drive)
Opinion
2002-12
MUNICIPAL COOPERATION --
Sewers (combining two village sewer departments) -- Streets and
Highways (combining two village street departments) -- Water
(combining two village water departments)
SEWERS AND SEWER SYSTEMS -- Contracts (cooperation agreement to combine two
village sewer departments)
STREETS AND HIGHWAYS -- Highway Department (cooperation agreement to combine
two village street departments)
VILLAGES -- Powers and Duties (municipal cooperation agreement to combine sewer,
water and street departments of the two villages)
WATER SUPPLY AND DISTRIBUTION -- Contracts (cooperation agreement to combine
two village water departments)
Opinion
2002-11
VOLUNTEER FIREFIGHTERS --
Service Award Programs (point accumulation for responding to
both fire and ambulance calls)
Opinion
2002-10
CEMETERIES -- Privately-owned
cemetery (authority of town to acquire by gift as historic property)
HISTORIC PRESERVATION -- Privately-owned cemetery (authority of town to acquire
by gift as historic property)
TOWNS -- Powers and Duties (acceptance of gift of privately-owned cemetery
deemed historical property)
Opinion
2002-9
CONSTITUTIONAL LAW -- Gifts
and Loans (contract for provision of services by private organization);
(contribution to private organizations)
PUBLIC CONTRACTS -- Contracts Not Requiring Competitive Bidding (contract for
services pursuant to General Municipal Law §120-w below the competitive
bidding monetary threshold)
REFUSE AND GARBAGE -- Solid Waste Facility (contract for services of individuals
to coordinate volunteer workers)
VOLUNTEERS -- Use of (to assist at recycling center)
Opinion
2002-8
WATER DISTRICTS -- Dissolution
(when no improvement constructed and no debt outstanding)
Opinion
2002-7
LIBRARIES -- Appropriations
and Expenditures (necessity for referendum when expending reserve
fund moneys) -- Finances (establishment of and expenditure from
reserve funds) -- Reserve Fund (authority to establish); (necessity
for referendum)
REFERENDUM -- Public Libraries (not required to expend monies from reserve
fund)
Opinion 2002-6
STREETS AND HIGHWAYS -- Improvements
(whether required at request of adjacent property owners based
solely on highway failing to meet qualifications for designation
as seasonal limited use highway) -- Seasonal Limited Use Highway
(effect of existing residences occupied for part of the year
on)
Opinion 2002-5
BONDS AND NOTES -- Permissible
Uses (financing acquisition of development rights for open space
preservation) -- Referendum Requirements (financing acquisition
of development rights for open space preservation)
MUNICIPAL FUNDS-- Capital Reserve Fund (authority to establish for acquisition
of development rights for open space preservation); (referendum requirements
in connection with establishment for acquisition of development rights for
open space preservation); (investment of monies held in) -- Deposits and Investments
(of monies in capital reserve fund)
REAL PROPERTY -- Purchases (of development rights for open space preservation)
Opinion 2002-4
CONSTITUTIONAL LAW -- Gifts
and Loans (authority to use town monies to dredge a privately-owned
channel); (authority to utilize the services of the town highway
department to dredge a privately-owned channel)
MUNICIPAL FUNDS -- Appropriations and Expenditures (appropriation of current
funds to pay for dredging privately-owned channel) -- Highway Funds (dredging
services performed by highway department charged to general fund)
REFERENDUM -- Mandatory (need for to expend current funds for dredging)
SUPERINTENDENT OF HIGHWAYS -- Powers and Duties (assignment of additional duties
- dredging)
TOWNS -- Powers and Duties (authority to expend current funds for dredging
a privately-owned channel)
Opinion 2002-3
IMPROVEMENT DISTRICTS --
Dock Districts (expansion of activities to include maintenance
and operation of recreational facilities)
LOCAL LAWS -- Pre-emption (special district matters)
Opinion 2002-2
VOLUNTEER FIREFIGHTERS -
Service Award Programs (service credit after entitlement age);
(voluntary waiver of right to begin receiving award at entitlement
age)
Opinion 2002-1
REFERENDUM -- Mandatory (content
of proposition to establish a service award program for volunteer
firefighters); (need for when amending a service award program
for volunteer firefighters)
VOLUNTEER FIREFIGHTERS -- Service Award Programs (content of proposition to
establish);
(procedure to amend)
Opinion 2001-15
IMPROVEMENT DISTRICTS -- Dissolution (authority to dissolve a
lighting district); (authority of corporation to sign petition
to dissolve district); (authority to dissolve district when there
are no "resident owners" within the district); (authority
to dissolve district when assets are sold to town) -- Property
(meaning of for purpose of Town Law §198[12])
PERSONAL PROPERTY -- Disposition of (a service contract of a lighting district)
WORDS AND PHRASES -- "Corporation" (meaning of for purpose
of Town Law §198[12]) -- "Property" (meaning of
for purpose of Town Law §§191, 202-c) -- "Resident
Owner" (meaning of for purpose of Town Law §198[12])
Opinion 2001-14
CONFLICTS OF INTEREST -- Contracts (intermunicipal agreement does
not constitute "contract" within the meaning of General
Municipal Law, article 18) -- Interest in Contract (municipal officer
or employee not deemed to have interest in intermunicipal agreement)
MUNICIPAL COOPERATION -- Conflicts of Interest (intermunicipal
agreement does not constitute "contract" within the meaning
of General Municipal Law, article 18)
Opinion 2001-13
FEES -- Imposition of (authority
of a town to install a tollbooth and charge a fee to certain
users of town highways)
LOCAL LAWS -- Pre-emption (fees for use of town highways)
MUNICIPAL CORPORATIONS -- Powers and Duties (authority to install a tollbooth
and charge a fee to certain users of public highways)
STREETS AND HIGHWAYS -- Improvements (authority of a town to charge a fee to
certain users of town highway to be used to replace highway) -- Use of (authority
of a town to charge a fee to certain users of town highways)
TOWNS -- Powers and Duties (authority of a town to install a tollbooth and
charge a fee to certain users of town highways)
VEHICLE AND TRAFFIC REGULATIONS -- Toll Collection Provisions (authority of
town to install tollbooth and charge a fee to certain users of town highway)
Opinion 2001-12
LIBRARIES -- Library Trustees
(authority to provide for defense and indemnification of library
employees) -- Public Library (authority of library board and
governing board of sponsor to provide for defense and indemnification
of library employees)
PUBLIC OFFICERS AND EMPLOYEES -- Legal Expenses (defense and indemnification
of public library employees)
Opinion 2001-11
CONFLICT OF INTEREST -- Powers
and Duties (of individual on behalf of private corporation doing
business with fire district not relevant for purposes of section
801 of the General Municipal Law) -- Purchases and Sales (assistant
fire chief as stockholder of corporation doing business with
fire district)
Opinion 2001-10
CLAIMS -- Audit (necessity
of vendor certification)
TOWN BOARD -- Powers and Duties (authority to require certification or verification
of claims)
Opinion 2001-9
CONFLICTS OF INTEREST --
Codes of Ethics (prohibition against county officials serving
as officers of not-for-profit corporations) -- Exceptions (contracts
with not-for-profit corporations)
Opinion 2001-8
FIRE DISTRICTS -- Establishment
(within area of former fire protection district) -- Taxes (setting
of lower rate for owners of multiple parcels)
FIRE PROTECTION DISTRICTS -- Dissolution (simultaneous establishment of fire
district within area of dissolved fire protection district)
Opinion 2001-7
IMPROVEMENT DISTRICTS --
Expenses (authority to charge "entry fee" to properties
within an extension to a public parking district) -- Extensions
(authority to charge "entry fee" to properties within
an extension to a public parking district) -- Public Parking
Districts (authority to charge "entry fee" to properties
within extension)
LOCAL LAWS -- Fees (authority to charge "entry fee" to properties
within an extension to a public parking district) -- Improvement Districts
(authority to charge "entry fee" to properties within an extension
to a public parking district)
PARKING FACILITIES -- Public Parking Districts (authority to charge "entry
fee" to properties within extension)
Opinion 2001-6
FOREIGN FIRE INSURANCE TAXES
-- Particular Uses (purchase of personal computer, facsimile
machine and refrigerator for fire department use)
Opinion 2001-5
FIRE DISTRICTS -- Appropriations
and Expenditures (authority to offer rewards) -- Powers and Duties
(authority to offer rewards)
Opinion 2001-4
TOWN ASSESSOR -- Compensation
(fixed amount for specified services plus hourly rate for revaluation
work to be performed by appointive assessor); (salary increase
for appointive assessor)
LOCAL LAWS -- Compensation (fixed amount plus hourly rate for appointive town
assessor)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (fixed amount plus hourly rate
for appointive town assessor); (salary increase for appointive town assessor)
Opinion 2001-3
SEWER RENTS -- Imposition
of (at amount that would generate excess revenues for general
municipal purposes) -- Rates (fixing of at amount that would
generate excess revenues for general municipal purposes)
Opinion 2001-2
FIRE DISTRICTS -- Powers
and Duties (discretion in crediting points under a service award
program)
VOLUNTEER FIREFIGHTERS -- Service Award Programs (point accumulation required
in order to be credited with one year of firefighting service); (participation
in department responses required in order to be credited with twenty-five points);
(granting of points for one activity conditioned upon accumulation of points
in another category)
Opinion 2001-1
CONSTITUTIONAL LAW -- Gifts
and Loans (authority to pay overtime compensation in excess of
Fair Labor Standards Act minimum requirements)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (overtime pay in excess of Fair
Labor Standards Act minimum requirements) -- Overtime (pay in excess of Fair
Labor Standards Act minimum requirements)
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