Rendered Advisory Opinions 2023
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Advisory Opinion Number
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Section of Law
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Subject Matter
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Summary
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| 2021-17 RECONSIDERATION (Issued 8/2/23)
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§77-3(B)
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New York State Election Law 14-116 Subject Matter: Elected Officials Official Discharge of Duties and Campaign Contributions.
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| 1-2023
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§77-3B
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Outside employment at firm that has business dealings with the County
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Outside employment with a shelter that provides services to the County would create an impermissible conflict of interest in violation of the Code of Ethics under circumstances presented.
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| 2-2023
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§§77-3, 77-6, and 77-7A
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Under the facts presented it would not violate the Code of Ethics for a public servant to work on matters related to a cognitive behavioral therapy networking approach developed by the public servant prior to County employment where public servant was hired to implement such approach as part of her official County duties.
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| 3-2023
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§77-3(B), (C); §77-7
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An impermissible conflict of interest which cannot be avoided by recusal would occur where a Legislator provides part-time consulting work for a registered lobbying firm while still serving as a Legislator; Legislator’s work for the firm after leaving County service would not violate the Code of Ethics, provided that the Legislator otherwise complies with §77-6 of the Code of Ethics.
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| 4-2023
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§§77-3
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Part-time work for company that has no business dealings with the County
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Part-time work for a credit card processing company that has no business dealings with the County would not violate the Code of Ethics.
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| 5-2023
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§77-3
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Part-time consultant work for a Federal agency
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Part-time consultant work for a division of a Federal agency would not violate the Code of Ethics, provided that the public servant recuses in appropriate circumstances.
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| 6-2023
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§§77-3B and 77-7
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Part-time employment with entities that have business dealings with the County
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Part-time employment with an organization that has business dealings with department served by the public servant would not create an impermissible conflict of interest in violation of the Code of Ethics, provided that the public servant does not perform any services for the organization which will be submitted for payment through the department. Part-time employment with a school district would not create an impermissible conflict of interest in violation of the Code of Ethics. In both instances the public servant must recuse from involvement in any such business dealings.
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| 7-2023
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§77-6
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Post-employment restrictions; uncompensated appearance
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Uncompensated, volunteer work for an organization that has business dealings with, and appears before, a public servant’s former County agency would not violate the post-employment provisions of Sections 77-6 B and C of Code of Ethics.
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| 8-2023
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Chapter 77, Article I, §§77-3B, C, D, J, N and 77-7
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Dual office holding; doctrine of incompatibility; elections
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No impermissible conflict of interest created by Public Servant’s campaign and potential service as a Town Council person, provided that there are proper and sufficient recusals at both the Town and at the County.
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| 9-2023
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§77-3 B
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Part-time employment with a company that has business dealings with the County
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Part-time work with a company that has business dealings with the County agency served by the public servant would create an impermissible conflict of interest in violation of the Code of Ethics under the circumstances presented.
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| 10-2023
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§77-3 B
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Ownership interest in a firm that does business with the County; appearance of a conflict
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Under the facts presented it would violate the Code of Ethics for a County Employee to contract with one County department while employed on a full-time, albeit temporary, basis for another County department.
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| 11-2023
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§§ 77-2 B and 77-3 A and B
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Part-time employment with a Vocational Education and Extension Board
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It would not violate the Code of Ethics for a public servant to work part-time for the Vocational Education and Extension Board (VEEB), provided that the public servant recuse from any matters involving VEEB that come before the public servant at the County and that the public servant recuse at VEEB from any matters involving the County.
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| 12-2023
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§§77-3 E and F
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Accepting a gift of travel, hotel, and conference expenses from a firm that has business dealings with the County
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Under the circumstances presented and in light of the explicit “gift prohibitions” contained in the law, it would violate the Code of Ethics for a public servant to accept a gift of airfare, hotel and conference attendance from a company that has business dealings with the public servant’s department.
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| 13-2023
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Chapter 77, Artic le I, §§77-3 Band 77-7
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Solicitation of discounts and donations to the County
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The Code of Ethics gifting provisions are only as to direct gifts to individuals and not County departments that might receive discounts, gifts, or donations. However, in light of the public servant's relationship to the company providing the discount purchase (cousins), going forward the public servant should recuse herself at the County on any matter s involving the purchase from the cousins' company
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| 14-2023
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hapter 77, Article I, §§77-2 B; 77-3 B, C. D and F
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Outside employment; conflict with proper discharge of duties
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Under the circumstances, it would not violate the Code of Ethics for a public servant to have an ownership in and to work for a continuing education company which has no business dealings with the County, where the company teaches general skill sets, as opposed to teaching specifics about the public servant's County work. The public servant may not, however, utilize any confidential information obtained through County employment or use his County position to benefit the company.
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| 15-2023
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Chapter 77, Article I, §§77-3B, C, D, N and 77-7
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Part-time employment with an organization that has business dealings with the County department served by the public servant.
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Part-time employment with an organization that has business dealings with department served by the public servant would not create an impermissible conflict of interest in violation of the Code of Ethics, provided that the public servant does not perform any services for the organization which will be submitted for payment through the department.
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| 16-2023
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Chapter 77, Article I, §§77-3B, C, D, N and 77-7
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Part-time employment as a paralegal at a law firm that has business dealings with the County.
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Part-time paralegal work on a specific lawsuit in Florida for a law firm that has business dealings with the County would not violate the Code of Ethics under the circumstances presented.
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| 17-2023
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Chapter 77, Article I, §§77-3B, C, D, N and 77-7
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Part-time employment with another government entity
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Part-time, remote work as a press intern with another government entity would not violate the Code of Ethics under the circumstances presented.
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| 18-2023
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Chapter 77, Article I, §§77-2, 77-3 and 77-7
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2Sponsorship of legislation; prospective public servant's potential ownership interests.
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Legislator's sponsorship of resolution calling for the appraisal of property potentially owned, in part, by a prospective public servant who is running for office would not violate the Code of Ethics.
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| 19-2023
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Chapter 77, Article I, §§77-3B, C, D, and 77-7
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Part-time employment with an organization that provides services to Medicaid clients
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Limited to the specific circumstances presented, it would not create an impermissible conflict of interest for a Public Servant to work as a personal assistant/caregiver for a personal elderly friend through an organization that provides services to Medicaid clients.
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| 20-2023
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Chapter 77, Article I,§§ 77-3 B, C, J and N and 77-4 B
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Uncompensated service as a fire district commissioner.
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Under the circumstances, it would not violate the Code of Ethics for a public servant to campaign for and serve as an uncompensated fire district commissioner.
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| 21-2023
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Chapter 77, Article I, §§77-6(B), (C) and (E)
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Post Employment appearances as an attorney before Family Court
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It would not violate the two-year appearance ban of Section 77-6 B of the Code of Ethics for a former Public Servant to represent children in family court proceedings or to serve on the 18-B family court panel provided that the former Public Servant only represent clients in matters that were initiated, as that term is defined in the opinion, after he left County service
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| 22-2023
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Chapter 77, Article I, §§77-6{B), (D), (F), {G) and (H)
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Post-employment; County employment by an elected official after end of term of office.
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It would not violate Section 77-6 for an elected official to be hired as a County employee if the elected official leaves office as a result of the expiration of the official's term
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| 24-2023
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Chapter 77, Article I, §§ 77-3 B, C, and N and 77-7
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Uncompensated service as a member of Board of Trustees
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Under the circumstances presented, it would not violate the Code of Ethics for a public servant to serve on a Board of Trustees, provided that the public servant recuses from any matters involving on a Board of Trustees that come before the public servant in the public servant's County work and any matters involving the County that come before the public servant in service on the Board.
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| 25-2023
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Chapter 77, Article I, §§77- 6(B), (C) and (E)
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Post-employment appearances
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Discussion of Permissible Post-Employment activities.
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| 26-2023
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Chapter 77, Article I, §§77-1; 77-2; 77-3 B and 77-7
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Imputed ownership interest in a firm that does business with the County; ownership interest created byoperation of law; appearance of a conflict
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Public servant who had imputed ownership by operation of law because of spouse's ownership in newly formed firm would be required to divest such interest were the public servant to remain assigned to the County office with which the firm had business dealings, However, if the public servant is reassigned by his department head to a different physical location and office where the firm has no business dealings, such reassignment would, limited to the specific circumstances presented, mitigate the appearance of a conflict to the extent that divestiture is not required.
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| 28-2023
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Chapter 77, Article I, § 77-3
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Full-time work for another municipality.
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Full-time work for another municipality would not violate the Code of Ethics under the circumstances, provided that I) the public servant does not utilize any time or County resources in this work and 2) the public servant recuses in appropriate circumstances.
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| 29-2023
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Chapter 77, Article I, §77-3B
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Outside employment at an organization that has business dealings with the County
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Outside employment with an organization that has contracts with the department served by the public servant and where such outside employment could involve matters involving the County would create an impermissible conflict of interest in violation of the Code of Ethics.
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| 30-2023
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Chapter 77, Article I, §§ 77-3 B, C, D and N, § 77-4 B and §77-7
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Holding positions with Fire District; incompatibility; conflict of interest.
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Under the circumstances presented, it would not violate the Code of Ethics for a public servant to also serve in certain positions in a fire district, provided that the public servant recuses from any matters involving the County that come before the public servant at the fire district and that the public servant recuses himself at the County from any matters involving the fire district.
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