Informal Opinion No.

J. Grant Zajas Informal Opinion Town Attorney No. 2006-5 Town of Evans 8787 Erie Road Angola, New York 14006-9600

Dear Mr. Zajas:

You have requested an opinion regarding the compatibility of the positions of deputy clerk for the Town and trustee of a village located within the Town. We are of the opinion that these positions are compatible and thus may be simultaneously held by one person.

A village trustee is elected and serves as a member of the village board of trustees, the legislative branch of village government. See Village Law §§ 3-301(3) and (4), 4-412. The deputy town clerk is…