New York Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in New York, with full citations and the original source on every page.
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Can someone serve on a New York city's board of ethics and on the local school board at the same time, or are those positions incompatible?
Incompatible. City board of ethics members are public officers holding a 'city office' because the board exercises sovereign authority, sets its own procedures, and renders the city's final determinat…
If a New York city alderman sues another city official and takes private donations to cover the legal bills, do those donations count as 'gifts' the alderman must disclose?
Yes. Donations given to a city alderman to cover personal legal expenses in a lawsuit he brought against another city official are 'gifts' under General Municipal Law § 805-a. That section bars accept…
Can a New York town's confidential assistant to the supervisor also serve as a member of the town planning board?
Yes. The AG concluded the positions of confidential assistant (secretary) to the town supervisor and member of the town planning board were compatible. Neither office reviewed the other, and the super…
Can a New York village design review board include a practicing architect whose firm occasionally has projects before the board?
Yes. The architect did not have to resign as long as his firm's projects came before the board only rarely (about once a year). On those occasions he had to recuse entirely. If conflicts became freque…
Can a New York city building department typist also serve on the same city's zoning board of appeals?
No. The AG concluded the positions were incompatible because the typist's supervisor (the building inspector and zoning administrator) had determinations subject to review by the zoning board, creatin…
If a developer sues a New York village board, do the board members automatically have to recuse from later applications by the same developer or a related entity?
No. Pending litigation does not automatically disqualify board members from hearing later applications by the plaintiff. The board must look at the specific facts, including personal liability exposur…
Can a village trustee in New York sit on a police disciplinary hearing where her own son is a witness?
No. The AG concluded a Mount Kisco trustee should fully recuse, including from deliberations and executive session, where her son (a patrol officer) might testify in a disciplinary case. Even without …
Can a New York school district adopt a code of ethics that restricts gifts to its officers and employees more strictly than General Municipal Law § 805-a's $75 cap?
Yes. Under General Municipal Law § 806, school districts can adopt a code of ethics that goes beyond § 805-a's $75 floor, including banning gifts from anyone with an official relationship to the distr…
Does a village clerk-treasurer have a conflict of interest when his own tenant applies for federal rent assistance through a village-administered HUD program?
No, when a county agency, not the village itself, decides eligibility and pays the subsidy. The AG found no Article 18 conflict because the village clerk-treasurer had no role in selecting applicants,…
If a city council member's employer is also the city's biggest taxpayer and contracting partner, do they have to recuse themselves when matters involving the employer come up for a vote?
Yes. The AG concluded that a city council member must avoid circumstances that compromise their ability to make decisions solely in the public interest, so when their employer has an interest in a mat…
If a New York town supervisor has a son in the town police department, can she vote on the police contract or the police budget?
Partly. A New York town supervisor whose son is a sergeant in the town police department must recuse from actions affecting the terms and conditions of her son's employment, including negotiations on …
Can a NY town pass a 'pay to play' law banning contracts with people who donated to town officials?
No. The AG concluded that Southampton's proposed law (no town contracts over $1,500 to persons who had donated more than $100 to town officials or candidates) was both inconsistent with and preempted …
Can a NY village board reappoint one of its own members as the village's building and bingo inspector?
No. The AG concluded the building inspector's actions (proposing permits and condemnation recommendations) are reviewed by the village board, so the offices are inevitably and recurrently conflicting;…
Can a teacher chaperoning a school trip accept a free trip or perks from the tour company?
Generally no. The AG concluded that when a school chaperone has discretion to choose the ski area or tour operator and receives free trips, lift tickets, or shop discounts from the chosen vendor, the …
Does a fire district commissioner have a conflict if he's a paid firefighter in another city and belongs to the same national union as the firefighters he must negotiate with?
No. The AG concluded membership in the same national union, through different locals, creates only a remote and indirect incentive. Fire commissioners are unpaid volunteers; the commissioner had no co…
Do private industry council members in New York have to file annual financial disclosure forms with the county?
No, except for governmental representatives. The AG concluded that private industry council members are not officers or employees of the county. The council is a separate federal-law entity formed to …
Can a town planning board member do paid soil-boring work that ends up in subdivision maps the board reviews?
No. The AG concluded that General Municipal Law § 805-a(1)(c) flatly prohibits a planning board member from being paid for services in a matter that will come before the board. Even at $100 per boring…
If a planning board member declares a conflict of interest, do they have to leave the room during deliberations?
Yes. The AG concluded that once a planning board member has declared a conflict of interest, recusal must mean physically absenting themselves from the board's proceedings on the matter, not just abst…
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Attorney general opinions in New York are written by the New York Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.