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March 17, 2011

Consolidating positions in the public service

Consolidating positions in the public service
Informal opinions of the Attorney General, Informal Opinion 93-2
Opinions of the Commissioner of Education, Opinion 9994

In view of the discussions focusing attaining economies in the public service, the following views of the Attorney General and the Commissioner of Education may be of interest with respect to suggestions involving the consolidation of certain positions in the public service,

The Attorney General has concluded that Section 58.1-c of the Civil Service Law requires municipalities to maintain separate offices of police commissioner and of police chief and thus the City of Schenectady could not combine the positions of police commissioner and chief of police nor abolish the position of chief of police [Informal Opinions of the Attorney General 93-2].

Although the Commissioner of Education earlier ruled that each school must have a principal of its own [Opinions of the Commissioner of Education #9994], which is reflected in 8 NYCRR 100.2(a), whereby “The board of education of each school district shall employ and assign to each school under its supervision a full-time principal holding the appropriate certification as required pursuant to section 80.4(b) of this Title,” the Commissioner may approve modifications in the management of such schools “Upon the submission of evidence that there are circumstances which do not justify the assignment of a principal to a particular school, or that another mode of building administration would be more effective….”
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