Slominski v. Rutkowski, 62 N.Y.2d 783 (1984)

A local law requiring the County Executive to certify the necessity of filling vacancies before appointments can be made by other county officials does not unlawfully curtail the power of those officials if the power to appoint is already subject to budgetary appropriations and legislative approval.

Summary

This case concerns a dispute over the validity of a provision in the Erie County Administrative Code requiring the County Executive to certify the necessity of filling vacancies before certain county officials, such as the County Clerk, could make appointments. The County Clerk argued that this provision unlawfully curtailed her power to appoint deputies. The Court of Appeals held that the provision was valid because the County Charter only granted the power to fill positions as approved by the legislature and the certification requirement was consistent with the County Executive’s responsibilities as chief executive and budget officer. The court distinguished this case from Matter of Henry v. Noto, where a resolution unlawfully encroached on powers granted to the legislature and the District Attorney in the County Charter.

Facts

The Erie County Administrative Code granted the County Clerk the power to appoint deputies