NYCL AGO 95-10.

• Case Date: May 23, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-10. May 23, 1995Informal Opinion No. 95-10 *Revised* This opinion replaces the opinion of the same number dated February 6, 1995.John P. Lynch, Esq. Owego-Apalachin Central School District P. O. Box 660 Binghamton, NY 13902-0660GENERAL MUNICIPAL LAW § 8 05-a.A discussion of conflicts of interests under various scenarios involving school staff members' receipt of gratuities in acting as chaperones for student trips.Dear Mr. Lynch: You have asked whether conflicts of interests would occur under two situations in your school district in light of the Attorney General's Informal Opinion No. 87-18. The first situation involves a school ski club chaperone who is a member of the teaching staff separately paid to chaperone students under the existing contract. The second situation concerns a teacher who will be chaperoning a trip to the rain forests of Honduras. While in Honduras, the teacher will receive no additional compensation from the school district for chaperoning the trip. The trip has been approved by the board of education through formal action and the student participants have been selected by the board. You have asked that we evaluate several different scenarios. Under the first scenario, the chaperone would be responsible for arranging trips to the ski area, including the selection of the ski area. In addition to his or her salary, the chaperone independently can solicit emoluments from the ski area such as free lift tickets or free or discounted services in the ski shop. Similarly, the chaperone for the Honduras trip would be responsible for making arrangements and in choosing the tour organizer. The chaperone can negotiate independently with the tour organizer for his or her receipt of a free trip. Informal Opinion No. 87-18 evaluated a part-time senior citizens leader whose job description included the development of recreational programs for senior citizens. The leader planned a cruise for senior citizens which was also open to friends and relatives of the senior citizens. The town did not pay the leader for time spent on the cruise. The leader selected the travel agency responsible for planning the cruise and was offered a free trip from the travel agency if a sufficient number of persons made reservations. In our view, the first scenario you have described...