Informal Opinion No.

Joseph Klein, Esq. Town Attorney, Babylon

You have asked whether the salaries of the town superintendent of highways and the deputy superintendent of highways are a town-wide charge or a charge against the area of the town outside of any incorporated villages.

The position of town superintendent of highways is a town office (Town Law, § 20). A town board may establish the office of deputy superintendent of highways, and thereafter its occupant is appointed by, and serves at the pleasure of the superintendent of highways (id., § 32[2]). During the absence of the superintendent of highways or if…