Informal Opinion No.

Edward W. Doyle, Esq. Town Attorney, Philipstown

You have asked whether a town Recreation Commission may employ one of its own members as Assistant to the Recreation Superintendent if the individual resigns from the commission to accept the appointment. Second, you inquire whether the Recreation Commission may employ a former commissioner to this position, even though a majority of the commissioners serving at the time of such hiring previously served as commissioners with the individual being employed.

The facts as related in your letter indicate that the subject commissioner arrived at a…