New York State Local Technical Assistance Program

Can an elected highway superintendent of one town work for a highway department of another town as a highway employee?

There are several potential problems that arise from the situation described above. 

First, it needs to be determined whether the dual employment situation creates a conflict. Since this is a nuanced legal issue, a person may want to seek a legal opinion from the town attorneys in each town or an attorney working for the NYS Association of Town Superintendents of Highways.

In general, a person must consider whether someone can properly do both jobs? Having two jobs is OK, but if both are full time how could someone adequately perform the duties of both? Generally the Highway Superintendent is considered a full-time position. Also, a person must consider what would happen if the town where the person is elected has an emergency at the same time as the town where the person is working? In a variety of situations, especially those where wide-ranging emergencies are occurring (such as a severe weather event or other natural disaster) both employers would expect the person to be on-duty and available.

Resources:

Cornell Local Roads Program Powers and Duties Manual (beginning on page 93)
https://cornell.app.box.com/v/clrp-ws-pd

NYSAOTSOH
https://www.nystownhwys.org/

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