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Suffolk County Board of Ethics

a compass resting on a table

Advisory Opinions

Rendered Advisory Opinions 2024

Advisory Opinion Number

Section of Law

Subject Matter

Summary
2024-1 Chapter 77, Article I, §§77-6(B), (C) and (E) Post-employment; two-year appearance prohibition; “lifetime” appearance prohibition 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
2024-02 Chapter 77, Article I, §§ 77-3 B, C, E, F, and G Acceptance of travel expenses 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
2024-03 Chapter 77, Article I, §§77-3B, C, D, N; 77-5 D, and 77-7 Outside activities; uncompensated service on boards; part-time non-County employment 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.
2024-04 Chapter 77, Article I, §77-3 N Use of County time to serve on a public authority. A public servant may not utilize County time or resources in service as a trustee for a public authority
2024-05 Chapter 77, Article I, §§77-6(B) and (C) Post-employment; uncompensated appearances before former County department 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
2024-06 Chapter 77, Article I, §§ 77-2, 77-3, and 77-7 Ownership interest in a company that performs services for an off-track betting corporation; performing consulting services for an off-track betting corporation 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.
2024-07
WITHDRAWN
2024-08 Chapter 77, Article I, §§77-1; 77-2; 77-3 B and H, 77-5 D, and 77-7 Ownership interest in a firm that does business with the County; appearance of a conflict; volunteer service on boards 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
2024-09 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Part-time employment with an organization that has business dealings with the County department served by the public servant 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
2024-10 Chapter 77, Article I, §§77-3B, C, D, N and 77-7; incompatible position Part-time employment with another government entity 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
2024-11
NO JURISDICTION
2024-12/ORDER Chapter 77, Article I, §§77-1; 77-2; 77-3 B and 77-7 Imputed ownership interest in a firm that does business with the County; appearance of a conflict 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
2024-13/ORDER Chapter 77, Article I, §§77-1; 77-2; 77-3 B and 77-7 Imputed ownership interest in a firm that does business with the County; appearance of a conflict 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
2024-14
WITHDRAWN
2024-15 Chapter 77, Article I, §77-3 B Outside employment at a firm that has business dealings with the public servant’s department 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
2024-16 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Part-time employment with an organization that has business dealings with the County 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
2024-17 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Uncompensated service on village advisory council 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
2024-18 Chapter 77, Article I, § 77-3 Part-time consultant work with town Part-time consultant work for town would not violate the Code of Ethics, provided that the public servant recuses in appropriate circumstances
2024-19 Chapter 77, Article I, §§77-3B, C, D, N, 77-5 D, and 77-7 Uncompensated service on not-for-profit 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.
2024-20 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Part-time employment with an organization that does not have business dealings with the County 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.
2024-21 Chapter 77, Article I, §77-6 Post-employment; two-year appearance prohibition; “lifetime” appearance prohibition 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.
2024-22 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Part-time employment with a Hospital that does have business dealings with the County 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.
2024-23 Chapter 77, Article I, §§77-1, 77-3, 77-7 Imputed ownership interest/Recusal 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.
2024-24 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Part-time service as adjunct professor teaching at a university that does not have business with the County 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.
2024-25
WITHDRAWN
2024-26
NO JURISDICTION
2024-27 Chapter 77, Article I, §§77-3 and 77-7 Use of Position/Recusal 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
2024-28 Chapter 77, Article I, §§77-3B and 77-5 D Uncompensated service on for-profit company’s customer advisory board 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
2024-29 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Uncompensated service on village advisory council 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
2024-30
PENDING
2024-31
PENDING

Rendered Advisory Opinions 2023

Rendered Advisory Opinions 2023

Advisory Opinion Number

Section of Law

Subject Matter

Summary
2021-17 RECONSIDERATION (Issued 8/2/23) §77-3(B) New York State Election Law 14-116 Subject Matter: Elected Officials Official Discharge of Duties and Campaign Contributions.
1-2023 §77-3B Outside employment at firm that has business dealings with the County 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.
2-2023 §§77-3, 77-6, and 77-7A 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.
3-2023 §77-3(B), (C); §77-7 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.
4-2023 §§77-3 Part-time work for company that has no business dealings with the County Part-time work for a credit card processing company that has no business dealings with the County would not violate the Code of Ethics.
5-2023 §77-3 Part-time consultant work for a Federal agency 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.
6-2023 §§77-3B and 77-7 Part-time employment with entities that have business dealings with the County 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.
7-2023 §77-6 Post-employment restrictions; uncompensated appearance 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.
8-2023 Chapter 77, Article I, §§77-3B, C, D, J, N and 77-7 Dual office holding; doctrine of incompatibility; elections 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.
9-2023 §77-3 B Part-time employment with a company that has business dealings with the County 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.
10-2023 §77-3 B Ownership interest in a firm that does business with the County; appearance of a conflict 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.
11-2023 §§ 77-2 B and 77-3 A and B Part-time employment with a Vocational Education and Extension Board 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.
12-2023 §§77-3 E and F Accepting a gift of travel, hotel, and conference expenses from a firm that has business dealings with the County 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.
13-2023 Chapter 77, Artic le I, §§77-3 Band 77-7 Solicitation of discounts and donations to the County 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
14-2023 hapter 77, Article I, §§77-2 B; 77-3 B, C. D and F Outside employment; conflict with proper discharge of duties 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.
15-2023 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Part-time employment with an organization that has business dealings with the County department served by the public servant. 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.
16-2023 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Part-time employment as a paralegal at a law firm that has business dealings with the County. 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.
17-2023 Chapter 77, Article I, §§77-3B, C, D, N and 77-7 Part-time employment with another government entity Part-time, remote work as a press intern with another government entity would not violate the Code of Ethics under the circumstances presented.
18-2023 Chapter 77, Article I, §§77-2, 77-3 and 77-7 2Sponsorship of legislation; prospective public servant's potential ownership interests. 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.
19-2023 Chapter 77, Article I, §§77-3B, C, D, and 77-7 Part-time employment with an organization that provides services to Medicaid clients 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.
20-2023 Chapter 77, Article I,§§ 77-3 B, C, J and N and 77-4 B Uncompensated service as a fire district commissioner. 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.
21-2023 Chapter 77, Article I, §§77-6(B), (C) and (E) Post Employment appearances as an attorney before Family Court 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
22-2023 Chapter 77, Article I, §§77-6{B), (D), (F), {G) and (H) Post-employment; County employment by an elected official after end of term of office. 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
24-2023 Chapter 77, Article I, §§ 77-3 B, C, and N and 77-7 Uncompensated service as a member of Board of Trustees 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.
25-2023 Chapter 77, Article I, §§77- 6(B), (C) and (E) Post-employment appearances Discussion of Permissible Post-Employment activities.
26-2023 Chapter 77, Article I, §§77-1; 77-2; 77-3 B and 77-7 Imputed ownership interest in a firm that does business with the County; ownership interest created byoperation of law; appearance of a conflict 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.
28-2023 Chapter 77, Article I, § 77-3 Full-time work for another municipality. 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.
29-2023 Chapter 77, Article I, §77-3B Outside employment at an organization that has business dealings with the County 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.
30-2023 Chapter 77, Article I, §§ 77-3 B, C, D and N, § 77-4 B and §77-7 Holding positions with Fire District; incompatibility; conflict of interest. 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.

Rendered Advisory Opinions 2022

Advisory Opinion Number

Section of Law

Subject Matter
Advisory Opinion-2022-1 (Reconsideration) §77-3(B) New York State Election Law 14-116 Subject Matter: Elected Officials Official Discharge of Duties and Campaign Contributions.
Advisory Opinion-2022-1 standing granted, issuance pending Chapter 77, official discharge of duty, business dealings with the County, associated persons
Advisory Opinion-2022-2 §77-3(B), (C) Permissible outside employment-two public sector incomes / 77 Sections 77-3(B) and 77-3(C)
Advisory Opinion-2022-3 §77-3(B), (C); §77-7 Outside employment as Home Personal Assistant. Chapter 77, Laws of Suffolk County §§77-3 (B) and (C); §77-7
Advisory Opinion-2022-4 §§77-2 (A) and (B); §77-3; §77-5 (D) Outside employment as a solo practitioner attorney; service on boards and committees. Chapter 77 Laws of Suffolk County §§77-2 (A) and (B); §77-3; §77-5 (D)
Advisory Opinion-2022-5 §§77-2 (A) and (B); §§77-3 (B) and (C); §77-7 (A) and (B); §77-5 (D) Uncompensated membership on a board. Chapter 77 Laws of Suffolk County §§77-2 (A) and (B); §§77-3 (B) and (C); §77-7 (A) and (B); §77-5 (D); Board Advisory Opinion No. 2018-14
Advisory Opinion-2022-6 §77-3 (B) Elected officials/campaign donations; appearance of impropriety; Advisory Opinion 2021-17
Advisory Opinion-2022-7 §77-1; §§77-3 (B) and (C); §77-7 (A) Appearance of a conflict. Chapter 77 Laws of Suffolk County §77-1; §§77-3 (B) and (C); §77-7 (A)
Advisory Opinion-2022-9 §77-1; §§77-6 (A), (B), and (C) Post-employment. Chapter 77 Laws of Suffolk County §77-1; §§77-6 (A), (B), and (C); Board Advisory Opinion Nos. 2019-3 and 2021-3
Advisory Opinion-2022-10 Chapter 77, Article I, §77-3 B Conflict of Interest; Prohibited Conduct
Advisory Opinion-2022-11 WITHDRAWN
Advisory Opinion-2022-12 Chapter 77, Article I, §§77-3B and C and §77-7A Holding elective office while retaining certain outside employment
Advisory Opinion-2022-12 RECONSIDERATION Chapter 77, Article I, §§77-3B and C and §77-7A Holding elective office while retaining certain outside employment
Advisory Opinion-2022-12 2nd RECONSIDERATION Chapter 77, Article I, §§77-3B and C and §77-7A Holding elective office while retaining certain outside employment
Advisory Opinion-2022-13 Chapter 77, Article I, §77-3 Compensated work for campaign organization while on unpaid leave from County
Advisory Opinion-2022-14 Chapter 77, Article I, §77-38 Outside employment at firm that has business dealings with the County
Advisory Opinion-2022-15 Chapter 77, Article I, §§77-3B and E Donations for an ill public servant
Advisory Opinion-2022-16 Chapter 77, Article I, §§ 77-1. 77-2, 77-3 A, B and C, 77-5 and 77-7 A and B High level official’s work compensated or uncompensated with not-for-profit that has business dealings with the County
Advisory Opinion-2022-17 WITHDRAWN
Advisory Opinion-2022-18 Chapter 77, Article I, §§ 77-1, 77-2, 17-3 A, B and C, ang 77-7 A and B Dual government offices/positions; incompatibility of office

Rendered Advisory Opinions 2021

Advisory Opinion Number

Section of Law

Subject Matter
Advisory Opinion-2021-1 §77-3(B), (H), 77-6(C), 77-6(I) Candidate/Elected Official Outside Employment Suffolk County Code Chapter 77, Section 77-3(B), (H), Section 77-6(C), Section 77-6(I)
Advisory Opinion-2021-2 §77-3(B), (H), 77-6(C), 77-6(I); §722 Prospective employee outside income; Section 77-3(B), (H), Section 77-6(C), Section 77-6(I); New York State Criminal Procedure Law §722
Advisory Opinion-2021-3 §77-6(C), 77-6(I) Post-employment: Advisory Opinions; and Suffolk County Code Chapter 77 Sections 77-6(C), and 77-6(I).
Advisory Opinion-2021-4 Withdrawn
Advisory Opinion-2021-5 §77-3, 77-7 topic recusals
Advisory Opinion-2021-6 §77-3(B), 77-3(C) Supervisory Official Request (Donations of services to the Department); Suffolk County Administrative Code XXX, Suffolk County Board of Ethics Advisory Opinions; and Suffolk County Code Chapter 77, Section 77-3(B) and Section 77-3(C)
Advisory Opinion-2021-7 §77-2(A), 77-3(B) The Laws of Suffolk County; Suffolk County Administrative Code XXX, Advisory Opinions; and Suffolk County Code Chapter 77, Section 77-2(A), Section 77-3(B); Topic: Prospective Outside Income, Two public servant incomes
Advisory Opinion-2021-8 §77-4 The Laws of Suffolk County; Suffolk County Administrative Code XXX, Advisory Opinions; and Suffolk County Code Chapter 77, § 77-4 Topic: Prospective Outside Income
Advisory Opinion-2021-9 §77-3 Department head; elected official travel reimbursements
Advisory Opinion-2021-10 §77-3(C), 77-7 The Laws of Suffolk County; Suffolk County Administrative Code XXX, Advisory Opinions; and Chapter 77, Sections 77-3(C) and 77-7 Topic: Elected Official Recusal; Associated persons
Advisory Opinion-2021-11 §77-3(B), 77-3(C), 77-7 The Laws of Suffolk County; Suffolk County Administrative Code XXX, Advisory Opinions; and Suffolk County Code Chapter 77 Sections 77-3(B) and 77-3(C) Topic: Supervisory Official Request, outside employment
Advisory Opinion-2021-12 §77-3(B), 77-3(C), 77-7 The Laws of Suffolk County; Suffolk County Administrative Code XXX, Advisory Opinions; and Suffolk County Code Chapter 77 Sections 77-3(B) and 77-3(C) Topic: Supervisory Official Request, outside employment
Advisory Opinion-2021-13 §77-3(B), 77-3(C), 77-7 The Laws of Suffolk County; Suffolk County Administrative Code XXX, Advisory Opinions; and Suffolk County Code Chapter 77 Sections 77-3(B) and 77-3(C) Topic: Supervisory Official Request, outside employment
Advisory Opinion-2021-14 §77-3(B), 77-3(C), 77-7 The Laws of Suffolk County; Suffolk County Administrative Code XXX, Advisory Opinions; and Suffolk County Code Chapter 77 Sections 77-3(B) and 77-3(C) Topic: Supervisory Official Request, outside employment
Advisory Opinion-2021-15 §77-4 Registered lobbyist, elected official post-employment permissible outside income
Advisory Opinion-2021-16 §77-3(B), 77-5 Supervisory Official Request – permissible outside income
Advisory Opinion-2021-17 §77-3(B) New York State Election Law 14-116 Subject Matter: Elected Officials Official Discharge of Duties and Campaign Contributions.
Advisory Opinion-2021-18 No opinion issued, Outside Jurisdiction Outside Jurisdiction
Advisory Opinion-2021-19 §77-6 Post Employment Laws
Advisory Opinion-2021-20 §77-2(A), 77-2(B), 77-3(B), 77-3(C), 77-7 and 77-8 Permissible Outside Employement; Current Employee Sections of Law: §77-2(A) and 77-2(B), 77-3(B), 77-3(C), 77-7 and 77-8
Advisory Opinion-2021-21 §77-2 (A), 77-2(B), 77-3(B), 77-3(C), 77-7, 77-8 recusals; Sections of law Suffolk County Code 77-2 (A), 77-2(B), 77-3(B), 77-3(C), 77-7, 77-8.
Advisory Opinion-2021-22 §77-6 Post-employment laws; no conflict – Sections of Law Suffolk County Code 77-6
Advisory Opinion-2021-24 §77-3, 77-7 permissible outside income consulting agreement from another municipality, non-elected official, sections of law 77-3, 77-7, precedent SCBE opinion 2020-1
Advisory Opinion-2021-25 §77-4 (A) Permissibility of a deputy department head eligible to serve as a political party officer ; department commissioner impermissible pursuant to 77-4 (A).

Rendered Advisory Opinions 2020

Advisory Opinion Number

Section of Law

Subject Matter
Advisory Opinion-2020-1 §77-3; 77-4 Department Head; Elected Official request; Prospective Outside Income; Consultancy
Advisory Opinion-2020-2 §77-3 (B) Supervisory Official Request; County employee prospective outside income; Contract entity
Advisory Opinion-2020-3 §77-3(B) 77-3(C) Supervisory Official Request; County employee prospective outside income; part time academic instructor
Advisory Opinion-2020-4 §77-3(B) 77-3(C) Supervisory Official Request; employee prospective outside income; election poll worker
Advisory Opinion-2020-5 §77-6(C), 77(I) Former public servant, post-employment prospective income
Advisory Opinion-2020-6 §77-3(B) 77 Supervisory Official Request; County employee prospective outside income; part time academic instructor
Advisory Opinion-2020-7 §77-3(B) 77 3(C) Supervisory Official Request; County employee prospective outside income
Advisory Opinion-2020-8 Supervisory Official Request; Withdrawn by Requestor
Advisory Opinion-2020-9 § 77-3 (B) and (C) Outside employment
Advisory Opinion-2020-10 § 77-3 (B) and (C) Reaffirm 2020-9; outside employment
Advisory Opinion-2020-11 §77-4 (B) Applicability of Prohibition of Dual Employment – public official/candidate
Advisory Opinion-2020-12 Withdrawn by Requestor
Advisory Opinion-2020-13 §77-4(B) Elected Official Reconsideration 77-4(B) and post-employment laws
Advisory Opinion-2020-14 §77-2(B) 77-3 (c ) , 77-7 77-2(B) 77-3 (c ) , 77-7 Law Enformcement Supervisory Official Request, Recusals, Procurement, Associated persons (Adult Child)

Rendered Advisory Opinions 2019

Advisory Opinion Number

Section of Law

Subject Matter
Advisory Opinion-2019-1 §A30-3, §77-1, §77-7(A)(B) Advisory Opinions, Definition of Associated, Recusal and Disclosure
Advisory Opinion-2019-2 §A30-3(B), §77-3(B) Advisory Opinions, Prohibited Conduct
Advisory Opinion-2019-3 §77-6(C), §77-6(I) The Suffolk County post-employment laws, exemptions
Advisory Opinion-2019-6 §77-7(A)(B), §77-3(B)(C), §77-7(A)(B) Recusal and Disclosure, Prohibited Conduct, Recusal and Disclosure
Advisory Opinion-2019-7 §77-7(A)(B), §77-3(B)(C), §77-7(A)(B) Recusal and Disclosure, Prohibited Conduct, Recusal and Disclosure
Advisory Opinion-2019-09 §A30-3(B), §77-2(A)(B), §77-3(B)(C) Advisory Opinions, Prohibited Interests in Firms doing Business with the county, Prohibited Conduct
Advisory Opinion-2019-10 §77-3(B), §77-3(C) The Board finds the outside employment does not create an impermissible conflict.
Advisory Opinion-2019-12 §77-3(B), §77-3(C) The Board finds that the stated prospective outside employment does not create an impermissible conflict.
Advisory Opinion-2019-16 §77-6(A), §77-6(B) County post-employment laws, government exemptions
Advisory Opinion-2019-17 §77-6(C),§77-7, §77-7(A) and 77-5 Prohibited Conduct Exemption, Recusal of a County Employee, Public Servant Receiving a County Benefit.
Advisory Opinion-2019-19 §A30-3,§77-3,§77-7 Supervisory Official requests, sponsorship and advertising, gifting.

Rendered Advisory Opinions 2018

Advisory Opinion Number

Section of Law

Subject Matter
Advisory Opinion-2018-1 §77-1, §77-3(C), §77-7 Definitions, misuse of official office/position, recusal and disclosure.
Advisory Opinion-2018-3 §77-1, §77-3(B), §77-3(C) Definitions, conflict of proper discharge of duties, misuse of official office/position.
Advisory Opinion-2018-4 §77-2(A), §77-3(B), §77-3(C), §77-3(D) Prohibited interests in firms doing business with the County, conflict of proper discharge of duties, misuse of official office/position, confidential information.
Advisory Opinion-2018-6 §77-3(B), §77-3(C) Conflict of proper discharge of duties, misuse of official office/position.
Advisory Opinion-2018-7 §77-5(G) Complimentary ticket to charitable event.
Advisory Opinion-2018-8 §77-5(B) Accepting or receiving any County benefit available generally.
Advisory Opinion-2018-9 §77-3(B), §77-3(C) Conflict of proper discharge of duties, misuse of official office/position.
Advisory Opinion-2018-10 §77-3(C), §77-7 Misuse of official office/position, recusal and disclosure.
Advisory Opinion-2018-11 §77-2(B) Misuse of official position.
Advisory Opinion-2018-12 §77-3(B), §77-3(C) Conflict of proper discharge of duties, misuse of official office/position.
Advisory Opinion-2018-14 §77-5(D) Acting for any not-for-profit which has business dealings with the County.
Advisory Opinion-2018-15
Advisory Opinion-2018-16 §77-3(B), §77-3(C) Conflict of proper discharge of duties, misuse of official office/position.
Advisory Opinion-2018-17 §77-3(C) Misuse of official office/position.
Advisory Opinion-2018-18 §77-1, §77-3(C), §77-7 Definitions, misuse of official office/position, recusal and disclosure.
Advisory Opinion-2018-19 §77-3(K) Prohibition on compelling, inducing or requesting contributions.
Advisory Opinion-2018-20 §77-2(B), §77-5(D) Misuse of official position, acting for any not-for-profit which has business dealings with the County.
Advisory Opinion-2018-23 §77-3(C), §77-5(E), §77-8 Misuse of official office/position, contract for instructing approved emergency medical services training, disclosure involving County contracts.

Rendered Advisory Opinions 2017

Advisory Opinion Number

Section of Law

Subject Matter

Advisory Opinion-2017-1

§77-2(A), §77-2(B), §77-3(B), §77-3(C), §77-3(D), §77-7 Prohibited interests in firms doing business with the County, misuse of official position, conflict of proper discharge of duties, misuse of official position/office, confidential information, recusal and disclosure.

Advisory Opinion-2017-2

§77-2(B), §77-3(C), §77-7 Misuse of official position, misuse of official position/office, recusal and disclosure.
Advisory Opinion-2017-3 §77-2(B), §77-2(E) Misuse of official position, disclosure of ownership interest.
Advisory Opinion-2017-4 §77-6(B), §77-6(I) Two year post-employment restriction, ministerial matters.
Advisory Opinion-2017-5 §77-3(C), §77-3(H)
 Misuse of official position/office, appearance before County agency.
Advisory Opinion-2017-6 §77-3(C), §77-3(E), §77-3(F), §77-5(G)
 Misuse of official position/office, raffles and door prizes, elected official exemption, complimentary ticket to charitable event.
Advisory Opinion-2017-7
 §77-3(C), §77-7
 Misuse of official position/office, recusal and disclosure.
Advisory Opinion-2017-9 §77-3(C), §77-3(E), §77-3(F), §77-3(H)
 Misuse of official position/office, raffles and door prizes, elected official exemption, appearance before County agency.
Advisory Opinion-2017-11 §77-2(B), §77-2(D)
 Misuse of official position, disclosure of ownership interest
Advisory Opinion-2017-12 §77-3(C) Misuse of official position/office.
Advisory Opinion-2017-13
§77-3(C) Misuse of official position/office.
Advisory Opinion-2017-14 §77-3(B) Conflict of proper discharge of duties.
Advisory Opinion-2017-15 §77-4(B) Elected Official dual office holding.
Advisory Opinion-2017-16
§77-3(B), §77-7 Conflict of proper discharge of duties, recusal and disclosure.
Advisory Opinion-2017-16R §77-1 Definitions.
Advisory Opinion-2017-17 §A30-3 Advisory Opinions.

Rendered Advisory Opinions 2016

Advisory Opinion Number

Section of Law

Subject Matter
Advisory Opinion-2016-1 §77-3(C), §77-3(E), §77-3(F), §77-5(G) Misuse of official position/office, gifts, raffles and door prizes, elected official exemption, complimentary ticket to charitable event.
Advisory Opinion-2016-2 §77-3(B), §77-3(H) Conflict with proper discharge of duties, appearance before County agency.
Advisory Opinion-2016-7 §77-2(A), §77-2(B), §77-4 Prohibited interests in firms doing business with the County, misuse of official position, prohibition on dual office-holding.
Advisory Opinion-2016-8 §77-3(B), §77-3(C), §77-3(D) Conflict with proper discharge of duties, misuse of official position/office, confidential information.
Advisory Opinion-2016-8 Clarification §77-3(B), §77-3(C), §77-3(D), §77-9(B) Conflict with proper discharge of duties, misuse of official position/office, confidential information, penalties for offenses.
Advisory Opinion-2016-9 §77-2(B), §77-3(H) Employee ownership interest in a firm, appearance before County agency.
Advisory Opinion-2016-10 §77-3(B) Conflict with proper discharge of duties.
Advisory Opinion-2016-12 §77-3(E), §77-3(F), §77-5(G) Gifts, raffles and door prizes, elected official exemption, complimentary ticket to charitable event.
Advisory Opinion-2016-13 §77-2(A), §77-2(B), §77-4 Prohibited interests in firms doing business with the County, misuse of official position, prohibition on dual office-holding.
Advisory Opinion-2016-14 §77-3(K) Prohibition on compelling, inducing or requesting contributions.
Advisory Opinion-2016-15 §77-3(B) Conflict of proper discharge of duties.
Advisory Opinion-2016-16 §77-2(A), §77-2(B), §77-4 Prohibited interests in firms doing business with the County, misuse of official position, prohibition on dual office-holding.
Advisory Opinion-2016-17 §77-3(B) Conflict of proper discharge of duties.
Advisory Opinion-2016-19 §77-3(C), §77-5(B) Misuse of official position/office, accepting or receiving any County benefit available generally.
Advisory Opinion-2016-20 §77-6(A), §77-6(B), §77-6(I) Prohibition on soliciting, negotiating, or accepting employment, two year post-employment restriction, ministerial matters.
Advisory Opinion-2016-22 §77-3(C), §77-3(H) Misuse of official position/office, appearance before County agency.
Advisory Opinion-2016-23 §77-3(C), §77-7 Misuse of official position/office, recusal and disclosure.
Advisory Opinion-2016-24 §77-3(B), §77-3(C), §77-3(I), §77-4(A), §77-5(B), §77-5(D) Conflict of proper discharge of duties, misuse of official position/office, appearance as an attorney or counsel against the interests of the county, prohibition on dual officer holding, accepting or receiving any County benefit available generally, acting for any not-for-profit which has business dealings with the County.
Advisory Opinion-2016-25 §77-3(C), §77-3(H) Misuse of official position/office, appearance before County agency.
Advisory Opinion-2016-26 §77-3(C), §77-3(H) Misuse of official position/office, appearance before County agency.
Advisory Opinion-2016-27 §77-2(A), §77-2(B), §77-2(C), §77-2(D), §77-3(C), §77-7 Prohibited interests in firms doing business with the County, misuse of official position, prohibited ownership interest acquired prior to County service, disclosure of ownership interest, misuse of official position/office, recusal and disclosure.

Rendered Advisory Opinions 2015

Advisory Opinion Number

Section of Law

Subject Matter

Advisory Opinion-2015-2

§77-6(A), §77-6(B), §77-6(C), §77-6(D), §77-6(I).

Prohibition on soliciting, negotiating, or accepting employment, two year post-employment restriction, appearance before County, elected official two year post-employment restriction, ministerial matters.

Advisory Opinion-2015-3

§77-3(C) and §77-7

Misuse of official position/office, recusal and disclosure.

Advisory Opinion-2015-5

§77-2(A), §77-3(A), §77-3(B), §77-3(C), §77-7

Prohibited interests in firms doing business with the County, permissible activity in public servant owned firm, conflict of proper discharge of duties, misuse of official position/office, recusal and disclosure.

Advisory Opinion-2015-6

§77-3(B), §77-3(H)

Conflict with proper discharge of duties, appearance before County agency.

Advisory Opinion-2015-8

§77-3(C) and §77-7

Misuse of official position/office, recusal and disclosure.

Advisory Opinion-2015-9

§77-3(C) and §77-7

Misuse of official position/office, recusal and disclosure.

Advisory Opinion-2015-10

§77-6(A), §77-6(B), §77-6(C), §77-6(I)

Prohibition on soliciting, negotiating, or accepting employment, two year post-employment restriction, appearance before County, ministerial matters.

Advisory Opinion-2015-11

§77-2(A), §77-2(B)

Prohibited interests in firms doing business with the County, misuse of official position.

Advisory Opinion-2015-12

§77-6(B), §77-6(C)

Two year post-employment restriction, appearance before County.

Advisory Opinion-2015-13

§77-3(C) and §77-7

Misuse of official position/office, recusal and disclosure.

Advisory Opinion-2015-14

§77-7

Recusal and disclosure.

Advisory Opinion-2015-15 §77-3(E), §77-3(G) Gifts, prohibition on soliciting, accepting or receiving any gift or gratuity from a lobbyist.
Advisory Opinion-2015-16 §77-3(E), §77-3(F)

 Gifts.
Advisory Opinion-2015-17 §77-3(C), §77-3(E), §77-3(F)

 Gifts, misuse of official position/office.
Advisory Opinion-2015-18 §77-3(E), §77-3(F), §77-3(G) Gifts, prohibition on soliciting, accepting or receiving any gift or gratuity from a lobbyist.
Advisory Opinion-2015-19 §77-2(A), §77-3(B), §77-3(C), §77-3(D)

 Prohibited interests in firms doing business with the County, conflict of proper discharge of duties, misuse of official position/office, confidential information.

Rendered Advisory Opinions 2014

Advisory Opinion Number

Section of Law

Subject Matter
Advisory Opinion-2014-3 §77-6(B), §77-6(C), §77-6(I) Two year post-employment restriction, appearance before County, ministerial matters.
Advisory Opinion-2014-4 §77-3(B), §77-3(H) Conflict with proper discharge of duties, appearance before County agency.
Advisory Opinion-2014-6 §77-6(B), §77-6(C) Two year post-employment restriction, appearance before County.
Advisory Opinion-2014-8 §77-6(B), §77-6(C) Two year post-employment restriction, appearance before County.
Advisory Opinion-2014-10 §77-3(B) Conflict with proper discharge of duties.
Advisory Opinion-2014-11 §77-3(B), §77-5(E) Conflict with proper discharge of duties, contract for instructing approved emergency medical services training.
Advisory Opinion-2014-12 §77-3(B), §77-3(H) Conflict with proper discharge of duties, appearance before County agency.
Advisory Opinion-2014-14 §77-3(B), §77-3(H), §77-6(C), §77-6(I). Conflict with proper discharge of duties, appearance before County agency, two year post-employment restriction, ministerial matters.
Advisory Opinion-2014-15 §77-2(A), §77-3(B), §77-3(C), §77-3(D). Prohibited interests in firms doing business with the County, conflict of proper discharge of duties, misuse of official position/office, confidential information.
Advisory Opinion-2014-16 §77-2(A), §77-3(B), §77-3(C), §77-3(D). Prohibited interests in firms doing business with the County, conflict of proper discharge of duties, misuse of official position/office, confidential information.
Advisory Opinion-2014-17 §77-2(A), §77-3(B), §77-3(C), §77-3(D). Prohibited interests in firms doing business with the County, conflict of proper discharge of duties, misuse of official position/office, confidential information.
Advisory Opinion-2014-18 §77-2(A), §77-3(B), §77-3(C), §77-3(D). Prohibited interests in firms doing business with the County, conflict of proper discharge of duties, misuse of official position/office, confidential information.

Rendered Advisory Opinions 2013

Advisory Opinion Number

Section of Law

Subject Matter
Advisory Opinion-2013-2 §77-6(B) Two year post-employment restriction.
Advisory Opinion-2013-3 §77-2(B), §77-3(H) Employee ownership interest in a firm, appearance before County agency.
Advisory Opinion-2013-4 §77-6(B), §77-6(I) Two year post-employment restriction, ministerial matters.
Advisory Opinion-2013-6 §77-6(B), §77-6(I) Two year post-employment restriction, ministerial matters.
Advisory Opinion-2013-7 consolidated with AO-2013-8 §77-3(C), §77-7 Misuse of official position/office, recusals, elected official recusals.
Advisory Opinion-2013-9 §77-3(C), §77-3(F) Misuse of official position/office, gifts.
Advisory Opinion-2013-11 §77-3(C), §77-3(E), §77-3(F), §77-5(G) Misuse of official position/office, gifts, raffles and door prizes, elected official exemption, complimentary ticket to charitable event.
Advisory Opinion-2013-12 §77-3(E) Gifts.
Advisory Opinion-2013-14 §77-3(B) Conflict with proper discharge of duties.
Advisory Opinion-2013-16 §77-6(B), §77-6(C), §77-6(I) Two year post-employment restriction, appearance before County, ministerial matters.
Advisory Opinion-2013-17 §77-4(B) Elected Official dual office holding.
Advisory Opinion-2013-18 §77-2(B) Employee ownership interest in a firm.
Advisory Opinion-2013-19 §77-2(B) Employee ownership interest in a firm.
Advisory Opinion-2013-20 §77-4(B) Elected Official dual office holding.
Advisory Opinion-2013-21 §77-3(B), §77-3(D), §77-3(H) Conflict with proper discharge of duties, confidential informtion, appearance before County agency.
Advisory Opinion-2013-22 §77-3(B), §77-3(D), §77-3(H) Conflict with proper discharge of duties, confidential informtion, appearance before County agency.

Rendered Advisory Opinions 2012

Advisory Opinion Number

Section of Law

Subject Matter
Advisory Opinion-2012-2 §77-2(A), §77-2(B), §77-2(C), §77-2(D), §77-2(E), §77-3(B), §77-3(C), §77-3(H), §77-3(L), §77-8 Prohibited interests in firms doing business with the County, misuse of official position, conflict with proper discharge of duties, appearing before a County agency, disclosure of county contracts, influencing legislation.

Jessica H. Hogan

Executive Director

Sunrise Business Center
3500 Sunrise Highway, Room 364
Great River, New York 11739
Phone: (631) 854-0022
Press Contact: (631) 261-8834
Mailing Address: PO Box 6100
Hauppauge, NY 11788
Email: EthicsBoard@SuffolkCountyNY.gov
FOIL Officer Email

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