Opn. No.

James A Haynes, Jr., Esq. County Attorney, Chenango County

You ask whether a county board of supervisors ("board") may establish a probationary term in appointing a county superintendent of highways ("superintendent") under Highway Law, § 100 in order to allow the board to assess the abilities and performance of the appointee. You state that in your county the office of superintendent has been placed in the unclassified civil service and that there is no eligible list from which to make an appointment.

Highway Law, § 100 provides in part:

"The board of supervisors of any county may appoint a…