Opn. No.

John D. Delehanty, Esq. Town Attorney, Santa Clara

You have asked whether a town superintendent of highways has the independent authority to dismiss an employee of his department working as an equipment operator, or whether the dismissal is subject to approval by the town board.

Town officers and employees are to be appointed by the town board, "except as otherwise provided by law" (Town Law, § 20[1][a]). It is the duty of the town superintendent of highways to "employ such persons as may be necessary for the maintenance and repair of town highways and bridges, and the removal of obstructions…