Opn. No.

Requestor: Thomas E. Ramich, Village Attorney Village of Elmira Heights 420 Carroll Street Elmira, New York 14901-3404

Written by: James D. Cole, Assistant Attorney General in Charge of Opinions

You have inquired as to whether the mayor or the village board of trustees has responsibility for appointment of a sergeant in the village police department.

Under section 4-400(1)(c) of the Village Law, the mayor has responsibility "to appoint all department heads and non-elected officers and employees subject to the approval of the board of trustees". The mayor may delegate the power to appoint certain…