Opn. No.

Karen Wilutis Informal Opinion Town Attorney No. 2005-19 Town of Brookhaven One Independence Hill Farmingville, New York 11738

Dear Ms. Wilutis:

You have requested an opinion regarding the ability of the town to enact a local law that would eliminate the town board's power to fill vacancies by appointment in elective offices, a power granted by Town Law § 64(5), and instead grant that power to the eligible voters of the town by requiring a special election1 to fill a vacancy. We are of the opinion that the town may enact such a local law.

Pursuant to Town Law § 64(5), the town board has the…