Rendered Advisory Opinions 2024
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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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| 2024-1
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Chapter 77, Article I, §§77-6(B), (C) and (E)
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Post-employment; two-year appearance prohibition; “lifetime” appearance prohibition
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Based on the explicit facts and representations set forth in the opinion, the Board made the following determinations:
(1) Since the former public servant is not an elected official, the former public servant is only prohibited from appearing before his former County department. Except as otherwise set forth in Section 77-6 C of the Code of Ethics, the former public servant is not prohibited from appearing before other County agencies.
(2) The former public servant is not barred by Section 77-6 C from working on County sewer projects in general, provided that none of the projects otherwise conflict with Section 77-6 C of the Code of Ethics.
(3) the former public servant is not barred by Section 77-6 C from working on the specific capital projects set forth in the opinion inasmuch as he was not substantially involved with those projects within the meaning of Section 77-6 C of the Code of Ethics
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| 2024-02
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Chapter 77, Article I, §§ 77-3 B, C, E, F, and G
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Acceptance of travel expenses
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Under the facts presented, it would not violate the Code of Ethics to accept travel expenses, including flight and transportation, from a foreign government entity. Board determinations regarding acceptance of travel expenses are fact specific and take into account
1) whether the donor is a lobbyist or has business dealings or other matters before the County;
2) whether the trip is for an official County purpose and could properly be paid for with County funds;
4) whether the travel arrangements are appropriate in light of the circumstances; and
5) the that the duration of the trip is no longer than reasonably necessary carry out the County purpose. If the Board's advice has not been or cannot be obtained prior to departure, the public servant assumes the risk that acceptance of the travel is in conflict with the Code of Ethics
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| 2024-03
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Chapter 77, Article I, §§77-3B, C, D, N; 77-5 D, and 77-7
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Outside activities; uncompensated service on boards; part-time non-County employment
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Proposed outside activities for the specific entities set forth in the opinion would not create an impermissible conflict of interest with certain provisos. However, general inquiries regarding part-time work without any specific details do not provide sufficient information on which the Board may render an opinion.
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| 2024-04
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Chapter 77, Article I, §77-3 N
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Use of County time to serve on a public authority.
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A public servant may not utilize County time or resources in service as a trustee for a public authority
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| 2024-05
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Chapter 77, Article I, §§77-6(B) and (C)
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Post-employment; uncompensated appearances before former County department
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It would not violate the Code of Ethics for a former public servant to appear before his former department within two-years of departing County services and for him to work on matters with which he was personally and substantially involved while in County service, provided that he receives no compensation for such appearances and work
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| 2024-06
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Chapter 77, Article I, §§ 77-2, 77-3, and 77-7
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Ownership interest in a company that performs services for an off-track betting corporation; performing consulting services for an off-track betting corporation
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It would not violate the Code of Ethics for a public servant, acting through a consulting company owned by the public servant, to provide services to an off-track betting corporation, provided that the company has no business dealings with the County and that the public servant recuses in appropriate circumstances.
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| 2024-07
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WITHDRAWN
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| 2024-08
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Chapter 77, Article I, §§77-1; 77-2; 77-3 B and H, 77-5 D, and 77-7
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Ownership interest in a firm that does business with the County; appearance of a conflict; volunteer service on boards
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The Board will review the unique facts of each case to determine whether a public servant’s ownership interest, if maintained, would be in conflict with the public servant’s official duties. Based on the specific facts presented in this opinion, the Board determined that with appropriate disclosure and recusal, a public servant may retain her ownership interest in a firm that has business dealings with the County, but the public servant may not appear before the County regarding any matter involving the firm. The Board also determined that the public servant’s volunteer service on the boards of two organizations would violate the Code of Ethics, unless the public servant was able to recuse herself at the County from matters involving the organizations and recuse from matters involving the County at the organizations
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| 2024-09
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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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A public servant’s acceptance of payment from a New York Consumer Directed Personal Assistance Program (CDPAP) for taking care of her mother would not create an impermissible conflict under the Code of Ethics
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| 2024-10
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Chapter 77, Article I, §§77-3B, C, D, N and 77-7; incompatible position
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Part-time employment with another government entity
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Under the specific circumstances presented, part-time work for a State agency would not create an impermissible conflict of interest provided that there is recusal as set forth in the opinion
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| 2024-11
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NO JURISDICTION
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| 2024-12/ORDER
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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; appearance of a conflict
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Based on the specific facts presented in this opinion, the Board determined that with appropriate disclosure and recusal, a public servant may retain her imputed ownership interest in a firm that has business dealings with the County
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| 2024-13/ORDER
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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; appearance of a conflict
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Based on the specific facts presented in this opinion, the Board determined that with appropriate disclosure and recusal, a public servant may retain her imputed ownership interest in a firm that has business dealings with the County
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| 2024-14
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WITHDRAWN
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| 2024-15
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Chapter 77, Article I, §77-3 B
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Outside employment at a firm that has business dealings with the public servant’s department
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Outside employment of a County Security Guard with a security company that provides services to the County, including to the County Security Guard’s department, would create an impermissible conflict of interest in violation of the County’s Code of Ethics
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| 2024-16
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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
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Part-time employment with an organization that has business dealings with the County would not create an impermissible conflict of interest in violation of the Code of Ethics, provided that the public servant recuses from involvement in any such business dealings
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| 2024-17
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Chapter 77, Article I, §§77-3B, C, D, N and 77-7
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Uncompensated service on village advisory council
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It would not create an impermissible conflict of interest under the Code of Ethics for a public servant to serve as an uncompensated member of an advisory village council, provided that proper recusals are utilized
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| 2024-18
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Chapter 77, Article I, § 77-3
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Part-time consultant work with town
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Part-time consultant work for town would not violate the Code of Ethics, provided that the public servant recuses in appropriate circumstances
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| 2024-19
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Chapter 77, Article I, §§77-3B, C, D, N, 77-5 D, and 77-7
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Uncompensated service on not-for-profit
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It would not create an impermissible conflict of interest under the Code of Ethics for a public servant to serve as an uncompensated member of the board of directors of a not-for-profit that has no business dealings with the County.
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| 2024-20
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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 does not have business dealings with the County
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It would not create an impermissible conflict of interest in violation of the Code of Ethics for a public servant to work as a psychosocial rehabilitation specialist at a not-for-profit organization, under the specific circumstances presented. However, the public servant may not use any County time or resources in this part-time work, nor may the public servant reveal any confidential information obtained as a result of the public servant’s County duties. Moreover, should they occur, the public servant must recuse at the County from any matters involving the not-for-profit or its clients and at the not-for-profit from any matters involving the County or County clients.
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| 2024-21
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Chapter 77, Article I, §77-6
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Post-employment; two-year appearance prohibition; “lifetime” appearance prohibition
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Former Public Servant’s proposed consulting work for the Firm which would require the former public servant to appear before his former department would violate the post-employment provisions of the Code of Ethics even where that work would be on behalf of other municipalities. The exception contained in the Code of Ethics applies to the provision of consulting services directly to the County and not to any other entity.
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| 2024-22
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Chapter 77, Article I, §§77-3B, C, D, N and 77-7
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Part-time employment with a Hospital that does have business dealings with the County
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It would not create an impermissible conflict of interest in violation of the Code of Ethics for a public servant to work weekend shifts as a medical doctor at a hospital that has business dealings with the County. However, the public servant may not use any County time or resources in this part-time work, nor may the public servant reveal any confidential information obtained as a result of the public servant’s County duties. Moreover, should they occur, the public servant must recuse at the County from any matters involving the hospital and at the hospital from any matters involving the County.
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| 2024-23
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Chapter 77, Article I, §§77-1, 77-3, 77-7
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Imputed ownership interest/Recusal
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Under the circumstances and with proper recusal, a public servant’s imputed ownership interest in spouse’s law firm would not create an impermissible conflict of interest in violation of the Code of Ethics.
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| 2024-24
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Chapter 77, Article I, §§77-3B, C, D, N and 77-7
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Part-time service as adjunct professor teaching at a university that does not have business with the County
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It would not create an impermissible conflict of interest in violation of the Code of Ethics for public servant to serve as an adjunct faculty member at a University, provided that the Public Servant does not use any County time or resources in this part-time work or reveal any confidential information obtained as a result of his County duties.
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| 2024-25
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WITHDRAWN
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| 2024-26
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NO JURISDICTION
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| 2024-27
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Chapter 77, Article I, §§77-3 and 77-7
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Use of Position/Recusal
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Under the circumstances and with proper recusal, a public servant’s spouse’s position with an organization with which the public servant works in her County position would not create a conflict of interest under the Code of Ethics
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| 2024-28
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Chapter 77, Article I, §§77-3B and 77-5 D
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Uncompensated service on for-profit company’s customer advisory board
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It would create an impermissible conflict of interest under the Code of Ethics for a public servant to serve as an uncompensated member of a for-profit company’s customer advisory board
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| 2024-29
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Chapter 77, Article I, §§77-3B, C, D, N and 77-7
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Uncompensated service on village advisory council
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It would not create an impermissible conflict of interest under the Code of Ethics for a public servant to serve as an uncompensated member of an advisory village council, provided that proper recusals are utilized
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| 2024-30
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Chapter 77, Article I, §§77-3B, C, D, N and 77-7
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Part-time employment with company that provides security service for an organization that has business dealings with the County
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Public servant’s part-time employment with a security company that provides services for an organization that has business dealings with the County would not create an impermissible conflict of interest in violation of the Code of Ethics, provided that the public servant is not assigned work for the County at the organization site where the Public Servant provides security services for the company.
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| 2024-31
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Chapter 77, Article I, §§77-3 B, C, D, N and 77-7
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Outside activities; uncompensated service on professional association boards
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Uncompensated service for professional membership organization, as described, would not violate the Code of Ethics
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| 2024-32
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Chapter 77, Article I, §§77-6(B), (C) and (E)
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Post-employment; two-year appearance prohibition; “lifetime” appearance prohibition.
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Appearance before department served by former public servant during the first two years after departure from County service would not violate the post-employment restrictions where such appearance was on behalf of SUNY; A former public servant may work on the continued development of SUNY technology with which he was not personally and substantially involved while a public servant, but may not appear or be compensated for any contracts that he signed or recommended while with the County
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| 2024-33
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Chapter 77, Article I,
§§77-3B, C, D, H, N and 77-7
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Part-time work for not-for-profit organization
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Public servant’s part-time employment with a not-for-profit organization that has frequent contacts with the County, but not contracts with the public servant’s department would not create an impermissible conflict of interest, provided that the public servant does not appear before any County department or agency in his work for the not-for-profit organization
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| 2024-34
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PENDING
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