Opn. No.

Requestor: Herschel Greenbaum, Esq., Town Counsel Town of Tuxedo Box 725 Tuxedo Park, N Y 10987

Written by: James D. Cole, Assistant Attorney General in Charge of Opinions

You have asked whether a member of a local school board may also serve as town supervisor.

Under section 23(1) of the Town Law

"[n]o county treasurer, district superintendent of schools, or trustee of a school district shall be eligible to the office of supervisor."

See also, Education Law § 2112(3). Thus, under this provision a member of a board of education may not also serve as a town supervisor. The statute does not distinguish a school district that is not coterminous with the boundary of a town.

We conclude that a member of a board of education may not also serve as a town supervisor.

The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.