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Opinion 89-54
… the town board determines to finance by a charge upon the area of the town outside of any villages. You ask whether a … may provide water improvements as a town function in the area of the town outside of any villages or in any portion of that area. Subdivision 8 of section 209-q provides that the cost …
https://www.osc.ny.gov/legal-opinions/opinion-89-54Opinion 90-10
… v City of Lockport , 228 AD 319, 238 NYS 662, affd 254 NY 582; Embler v Town of Wallkill , 132 NY 222; 1989 Opns St Comp. No. 89-21, p 45; 1985 Opns St …
https://www.osc.ny.gov/legal-opinions/opinion-90-10Opinion 2006-8
… the opinion. MUNICIPAL FUNDS -- Employee Benefit Accrued Liability Reserve Fund (use of for lump sum “retirement … with the rest of section 6-p, which clearly is limited to payments of the monetary value of leave credit. In … of an accrued “employee benefit”, a term expressly limited by subparagraph (b) of subdivision 1, to the monetary …
https://www.osc.ny.gov/legal-opinions/opinion-2006-8Opinion 2007-5
… of law governing the establishment of reserve funds by municipalities and the use of the moneys therein. General … which a period of probable usefulness has been provided by law (General Municipal Law § 6‑c [1] [c]; see Local … expenditures to be financed with obligations issued by counties that operated under an alternative or optional …
https://www.osc.ny.gov/legal-opinions/opinion-2007-5Opinion 2008-2
… OF INTEREST -- Exceptions (contracts entered into prior to municipal service) -- Interests in Contract (town board … the board member picks up road salt and delivers the salt to a town storage facility. If the contract was entered to before the board member was elected to office, the …
https://www.osc.ny.gov/legal-opinions/opinion-2008-2Opinion 89-55
… of power over promotions) TOWN LAW, §§150, 152; MUNICIPAL HOME RULE LAW, §10(1)(ii)(a), (d)(3): A town board may adopt … promotions to the chief of police, we note that Municipal Home Rule Law, §10(1)(ii)(a)(1) empowers local governments to … Pursuant to the foregoing provisions of the Municipal Home Rule Law, it is our opinion that a town may adopt a …
https://www.osc.ny.gov/legal-opinions/opinion-89-55Opinion 97-22
… county governing board approval (Education Law, §6306[7]; La Corte v County of Rensselaer , 80 NY2d 232, 590 NYS2d 26). …
https://www.osc.ny.gov/legal-opinions/opinion-97-22Opinion 97-21
… This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The … discussed in the opinion. LIBRARIES -- Finances (filing of annual financial reports) STATE COMPTROLLER-- Powers and … Whether sec 263 of the Education Law relieves libraries from requiring pub …
https://www.osc.ny.gov/legal-opinions/opinion-97-21Opinion 95-29
… governing board of a town water district may, subject to a mandatory referendum, sell all the property and facilities of … joint water works system or a public authority, subject to mandatory referendum (Town Law, §198[12][b]) 1 . If all of …
https://www.osc.ny.gov/legal-opinions/opinion-95-29Opinion 96-1
… State Comptroller approval in Adirondack Park) MUNICIPAL FUNDS -- Capital Reserve Fund (necessity for State … certain fire districts within the Adirondack Park provide funds for the purchase of real property may, however, be … Law, §6-g governs the establishment of capital reserve funds by fire districts and the expenditure of moneys …
https://www.osc.ny.gov/legal-opinions/opinion-96-1Opinion 98-6
… no longer represent those views if, among other things, there have been subsequent court cases or statutory … a county printing contract in 1997. You ask whether there would be a prohibited conflict of interest if the … Whether there would be a prohibited conflict of interest if the …
https://www.osc.ny.gov/legal-opinions/opinion-98-6Opinion 91-4
… in the opinion. 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 … consideration) CONSTITUTIONAL LAW -- Gifts and Loans (transfer by village of firefighting equipment to joint fire …
https://www.osc.ny.gov/legal-opinions/opinion-91-4Opinion 2002-10
… cemetery deemed historical property) GENERAL MUNICIPAL LAW §§119-aa, 119-bb(2), 119-dd(3): A town, after due notice … authorizes the legislative body of a town to, inter alia , restore and operate historic buildings and structures. The … of authority to acquire historic property by gift and to restore and operate such property, a town board may accept a …
https://www.osc.ny.gov/legal-opinions/opinion-2002-10-0Opinion 2002-13
… bear on the issues discussed in the opinion. FOREIGN FIRE INSURANCE TAXES -- Particular Uses (funding fire department … expenses of fire departments' annual fund-raising drive) INSURANCE LAW §§9104, 9105: Unless otherwise provided by special act, the members of a volunteer fire department …
https://www.osc.ny.gov/legal-opinions/opinion-2002-13Opinion 2000-12
… MUNICIPAL LAW §§801, 806: There is no provision in article 18 of the General Municipal Law (§800 et seq.) that prohibits … family members who serve as various town officers. Article 18 of the General Municipal Law (§800 et seq.) contains … officers and employees. Among other things, article 18 prohibits certain interests in contracts of the …
https://www.osc.ny.gov/legal-opinions/opinion-2000-12Opinion 93-31
… opinion. PUBLIC OFFICERS AND EMPLOYEES -- Reimbursement for Expenses (travel expenses - of governing board member … of the Rushford Lake Recreation District may be reimbursed for mileage from their residences to meetings of the board of … Laws of 1981, as amended. Section 7 of chapter 78 provides for the appointment and election of commissioners of the …
https://www.osc.ny.gov/legal-opinions/opinion-93-31Opinion 99-15
… of municipalities and "quasi-municipal corporations" (NY Const., art III, §1, art XVI, §1; see, e.g., Greater …
https://www.osc.ny.gov/legal-opinions/opinion-99-15Opinion 2001-1
… Act minimum requirements) GENERAL MUNICIPAL LAW §90; 29 USC §201 et seq .; NY CONST, ART. VIII, §1: A village … of the federal Fair Labor Standards Act ("FLSA"; 29 USC §201 et seq .) at a rate higher than that provided for … longer than that prescribed in the federal statute (29 USC §207[a],[o]). Because it is now well-established that …
https://www.osc.ny.gov/legal-opinions/opinion-2001-1Opinion 2001-5
… with other matters. 1982 Opns St Comp No. 82-242, p 302 is superseded to the extent inconsistent. You ask whether a … of the persons responsible for an "incident" at a local high school at which a member of the fire district fire … in connection with other matters. May 15, 2001 Lynn Ball, Secretary/Treasurer Campbell Fire District #1 …
https://www.osc.ny.gov/legal-opinions/opinion-2001-5Opinion 2000-6
… fire department rests with the village (see also 1990 Opns St Comp No. 90-57, p 131). The distribution and use of … Law §§9104[a][4]; 9105[d][2],[E]; see also 1989 Opns St Comp No. 89-53, p 120). Sections 9104 and 9105 provide … benefit of the department or company (see, e.g., 1989 Opns St Comp No. 89-16, p 34; 1987 Opns St Comp No. 87-88, p 130; …
https://www.osc.ny.gov/legal-opinions/opinion-2000-6