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

Subject

Mayor may appoint single trustee as village police commissioner

Plain-English summary

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

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

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

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

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

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

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

The AG concluded option 3 was authorized.

The opinion adds a flag at the end: the village should be aware of Civil Service Law § 58(1-c) on maintenance of the position of paid chief of police. That subsection limits how a paid chief of police can be removed or eliminated, especially in small departments.

Currency note

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

Common questions

What does a single police commissioner actually do?

The role is supervisory. The single commissioner provides political accountability over the police department, sets policy direction, and acts as the village's authority over the police chief on operational and budget matters. The day-to-day operation of the department remains with the chief of police, who runs the patrol officers and detectives.

Why does the Village Law offer three structures instead of one?

Different villages have different needs. Small villages where the mayor handles many functions personally might prefer direct mayoral supervision. Mid-sized villages with active boards might prefer a three-member commission. Villages where one trustee has particular expertise might prefer the single-commissioner model.

Could the police commissioner be removed before the trustee's term ends?

The single-commissioner designation is generally annual, made at the organizational meeting. The mayor can make a different designation in subsequent years. Mid-term removal would be governed by the village's procedures for revoking designations.

What's the concern under Civil Service Law § 58(1-c)?

That provision protects a paid chief of police from being removed or having the position eliminated for political reasons. It generally requires that a paid chief of police continue to serve through the chain of command, regardless of which structure the village picks for political supervision. The AG flagged it because the relationship between a single trustee-commissioner and a paid chief of police has to respect the chief's civil-service protections.

What if the village has no paid chief of police?

The same supervision structures are available. The single-commissioner option works whether or not there's a paid chief. In some small villages without a chief, the single commissioner takes on a more direct operational role.

Statutory framework

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

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

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

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

Civil Service Law § 58(1-c) protects paid chiefs of police from improper removal and limits elimination of the position.

Source

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

Original opinion text

CIVIL SERVICE LAW § 58(1-c); VILLAGE LAW §§ 3-300(3), 3-301(3),
3-308(3), 4-400(e).
The mayor may appoint a single member of the board of
trustees to be commissioner of the village police department.

July 25, 1995

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

Informal Opinion
No. 95-36

Dear Mr. Heidelberger:
You have asked whether an individual member of the board of
trustees may be designated police commissioner with supervisory
authority over the village police department. You have explained
that the village maintains a police department headed by a paid
chief of police. At the village's organizational meeting,
traditionally the mayor appoints individual trustees as heads of
departments of village government. The mayor has in the past
assigned to himself the title of police commissioner.
Your concern is section 4-400(e) of the Village Law which
gives the mayor responsibility for supervision of the conduct of
the police and other subordinate officers of the village. This
is not the only mechanism for supervision of the police
department. Several other alternatives are available.
Section 3-308 of the Village Law authorizes the board of trustees
to establish or abolish a separate board of police commissioners.
The board of trustees establishes the composition, duties and
responsibilities of the board. Id., § 3-308(3). The board
established under this section, however, may be composed of not
less than three members, who will perform their duties subject to
the approval of the board of trustees.
Alternatively, the appointment of a trustee to serve as the
single commissioner to supervise the police department can be
accomplished under section 3-300(3) of the Village Law, which
authorizes members of the board of trustees to be "single
commissioners in charge of village departments except as provided
in the zoning article in this chapter". 1985 Op Atty Gen (Inf)

142. Thus, the mayor is authorized to appoint a single member of

2
the board of trustees to be commissioner of the police
department. Village Law § 3-301(3).
In summary, the Village Law establishes three alternative
mechanisms for supervision of the police department--by the
mayor, a board of commissioners, or by a single trustee serving
as commissioner. We note that your police department is headed
by a paid chief of police. You should be aware of the provisions
of section 58(1-c) of the Civil Service Law concerning the
maintenance of that position.
We conclude that the mayor may appoint a single member of
the board of trustees to be commissioner of the village police
department.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,

JAMES D. COLE
Assistant Attorney General
in Charge of Opinions