Informal Opinion No.

Edwin F. Steffan, Esq. Town Attorney, Alden

You have asked whether a member of a town board who has tendered his resignation, effective at some future date, may vote at a town board meeting on the appointment of his replacement on the town board.

Section 31 of the Public Officers Law governs the resignation of town officials. A town board member is required to resign to the town clerk (id., § 31[1][g]). Resignations must be in writing and, if an effective date for the resignation is specified, it takes effect upon that date (id., § 31[2]).

Thus, it is clear that the town board member's…