Opn. No.

Robert J. Sweeney, Esq. Village Attorney, Freeport

In a telephone conversation elaborating on your request for an opinion, you inquired whether a village may give preference in promotion to positions in the competitive class of the civil service to residents of the village.

The municipal civil service commission may require municipal residency for candidates for examination to determine eligibility for appointment to a local position in the competitive class of the civil service (Civil Service Law, § 23 [4-a]; Matter of Hens v Colucci, 18 A.D.2d 762 [4th Dept, 1962], order affd without opn 14…