NYCL AGO 95-2.

• Case Date: January 24, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-2. January 24, 1995Informal Opinion No. 95-2Richard S. Mayberry, Esq. Town Attorney Town of Bristol 2220 South Clinton Avenue Rochester, NY 14618A member of a local planning board who has stated that he or she has a conflict of interests concerning a particular matter before the board must absent himself from the board during the time that the matter is before it.Dear Mr. Mayberry: You have indicated that a member of the planning board, due to his business activity as a real estate broker in the area of a proposed subdivision currently before the planning board for approval, has indicated that he must abstain from voting on the application. The board member, however, has indicated that he intends to continue to sit as a member of the planning board during the presentation and consideration of the application and fully intends to participate in the discussion of the application up to the time of vote. You have asked whether the board member, upon declaring his intention to abstain because of the conflict of interests, is required to remove himself from the board's proceedings and deliberative process on this pending application. In prior opinions of the Attorney General, we have emphasized that public officials should avoid circumstances which compromise their ability to make impartial judgments solely in the public interest. 1984 Op Atty Gen (Inf) 86. Even the appearance of impropriety should be avoided in order to maintain public confidence in government. Ibid. We have found that members of local bodies, including planning boards, with conflicts of interests in a particular application or matter before the body, should recuse themselves from taking any actions with respect to that matter or application. Op Atty Gen (Inf) No. 90-38; 1988 Op Atty Gen (Inf) 123, 124; 1988 Op Atty Gen (Inf)...