Can a town Highway Superintendent appoint a foreman within the department to the position of Deputy Highway Superintendent where the foremen would be serving in both capacities at the same time?
Yes, this can and does occur. The position of Deputy Highway Superintendent only comes into force when the Superintendent is not available to fulfill all of their duties.
Town Law 32.
2. The town board of any town may at any time establish the office of deputy town superintendent of highways. The deputy town superintendent of highways shall be appointed by and serve at the pleasure of the town superintendent of highways. If the town superintendent of highways shall fail to appoint such deputy within five days after the establishment of the office of deputy or within five days after a vacancy occurs in the office of deputy, the town board shall have power to appoint such deputy town superintendent of highways. During the absence or inability of the town superintendent of highways to act, such deputy shall act and be vested with all the powers and duties of the town superintendent as provided by law. Before such deputy shall perform any power or duty of the office of superintendent such deputy town superintendent of highways shall take and file the constitutional oath of office and execute and file an official undertaking to be approved by the town board. The town board shall fix the compensation to be received by such deputy.
For further guidance, you can consult the Association of Towns of the State of New York and/or the Red Book (Office of Town Highway Superintendent) which is available for order through the Association
Association of Towns Publication Page:
Association of Towns Publications Order Form:
New York Consolidated Laws, Town Law - TWN § 32. Powers and duties of town superintendent of highways and deputy superintendent