Legal Opinions
These opinions represent the views of the Office of the State Comptroller at the time they were rendered. The opinions may no longer represent those views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues discussed in the opinions.
To obtain a a copy legal opinion rendered before 1988, fill out the online request form. For information, call 518-474-5586.
PUBLIC CONTRACTS -- Award (preference to bidder employing prescribed percentage of local residents); (requiring apprenticeship training program as pre-condition to) -- Bids (restricting bids only to bidders employing prescribed percentage of local residents) -- Lowest Responsible Bidder (responsibility of bidder as distinguished from debarment)
LOCAL LAWS -- Competitive Bidding (pre-emption by General Municipal Law, §103) -- Pre-emption (preference to bidder employing prescribed percentage of local residents); (requiring apprenticeship training program as pre-condition to); (restricting bids only to bidders employing prescribed percentage of local residents); (responsibility of bidder as distinguished from debarment)
CONSTITUTIONAL LAW -- Equal Protection (preference to bidder employing prescribed percentage of local residents) -- Privileges and Immunities (preference to bidder employing prescribed percentage of local residents) -- Commerce Clause (preference to bidder employing prescribed percentage of local residents)
MUNICIPAL FUNDS -- Inter-fund Advance (from county sewer district fund to general fund)
COUNTIES -- Fund Transfers (inter-fund advance from sewer district fund to general fund)
PUBLIC CONTRACTS -- Retained Percentages (substitution of Local Government Assistance Corporation bonds for)
STREETS AND HIGHWAYS -- Discontinuance of (county conveyance to other than owners of abutting lands)
COUNTIES -- Powers and Duties (conveyance of abandoned county highway property)
CONFLICTS OF INTEREST -- Contracts (planning board review of shopping center expansion) -- Interest in Contract (planning board review of shopping center expansion)
PUBLIC OFFICERS AND EMPLOYEES -- Ethics (applicant before planning board represented by board member's personal attorney)
ZONING AND PLANNING -- Planning Boards (board member participating in review of project when applicant represented by board member's personal attorney)
FEES -- Court Fees (filing of an objection to the issuance of letters testamentary)
COUNTY CLERK-- Compensation (increase during term of office)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (increase or decrease for county clerk during term of office)
STREETS AND HIGHWAYS -- Improvements (performance pursuant to agreement between the town board and highway superintendent) -- Repairs (performance pursuant to agreement between town board and highway superintendent)
SUPERINTENDENT OF HIGHWAYS -- Powers and Duties (scope of duties); (assignment of additional duties - drainage improvements); (highway repairs and improvements subject to agreement with town board) -- Relations With Town Board (remedies available to town board to enforce agreement for highway repairs and improvements)
TOWN BOARD -- Power and Duties (authority to assign additional duties to highway superintendent); (remedies to enforce agreement with highway superintendent for repair and improvement of town highways)
FIRE COMMISSIONERS -- Compensation (health insurance)
FIRE DISTRICTS -- Appropriations and Expenditures (health insurance for fire commissioners)
INSURANCE -- Health Insurance (authority to cover fire district fire commissioners under State health insurance plan)
CLAIMS -- Audit (procedure in towns); (delegation of pre-audit functions)
LOCAL LAWS -- Transfer of Function (town clerk's function in connection with preparation and custody of claims)
TOWN CLERK -- Powers and Duties (preparation and custody of claims)
FIRE DEPARTMENT -- Villages (authority to transfer department funds to village treasurer); (cooperative investment of department funds and village funds); (gift of department funds to village subject to condition regarding use)
VILLAGE TREASURER -- Powers and Duties (authority to have custody of fire department funds)
VILLAGES -- Powers and Duties (cooperative investment of fire department funds and village funds)
REFERENDUM -- Tax Limitation (authority by petition to compel referendum)
PUBLIC OFFICERS AND EMPLOYEES -- Military Leave (compensation- determination of period of entitlement); (rescheduling of work days to avoid conflict with military duty)
PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (waiver of public salary exceeding statutory limit)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (waiver of post-retirement salary - effect on retirement allowance)
PUBLIC CONTRACTS -- Bid Specifications (amount returned from the deposit for copies of)
LOCAL LAWS -- Pre-emption (deposits on plans and specifications)
FINES AND PENALTIES -- Disposition of Parking Fines (received by city parking violations bureau for violations of Vehicle and Traffic Law, §§306 and 402)
PARKING AND TRAFFIC REGULATIONS -- Parking Regulations (disposition of fines received by city parking violations bureau for violations of Vehicle and Traffic Law, §§306 and 402)
ZONING AND PLANNING -- Park Lands (use of village park trust fund moneys to develop facilities in town park)
PARKS AND RECREATION -- Joint Parks (use of village park trust fund moneys to develop facilities in town park)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (amount of salary increases for heads of police departments)
POLICEMEN AND POLICE PROTECTION -- Police Chief (amount of salary increase pursuant to General Municipal Law, §207-m)
PUBLIC CONTRACTS -- Bid Specifications (authority to require timeliness and prior experience by vendor) -- Contracts Requiring Bidding (printing of election materials) -- Professional Services (printing of election materials as not constituting)
ELECTIONS -- Printing of Election Supplies (necessity for bidding)
BAIL MONEYS -- County Treasurer's Fee (applicability of fee to interest earned on deposit of bail) -- Deposit and Investment of (duty of county treasurer to deposit bail in interest-bearing account); (maintenance by county treasurer of common bank account for separate bail deposits); (duty of superior court to deposit retained bail in interest-bearing account and pay interest to State Department of Taxation and Finance)
COUNTY TREASURER -- Bail Moneys (duty to deposit bail in interest-bearing account); (maintenance of common bank account for separate bail deposits); (applicability of 2% bail fee to interest earned on deposit of bail)
COURTS -- Bail Moneys (duty of superior court to deposit retained bail in interest-bearing account and pay interest to State Department of Taxation and Finance)