NYCL AGO 95-21.

• Case Date: April 26, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-21. April 26, 1995Informal Opinion No. 95-21Terry Rice, Esq. Village Attorney Village of Suffern 61 Washington Avenue Suffern, NY 10901VILLAGE LAW § 7-725-a (2).The positions of village code enforcement officer and village planning board member are compatible.Dear Mr. Rice: You have asked whether the positions of village planning board member and village code enforcement officer are compatible so that one person may hold both positions. Further, you inquire whether situations may arise creating a conflict of interests between the two positions, necessitating recusal. In the absence of a constitutional or statutory prohibition against dual-officeholding, one person may hold two offices simultaneously unless they are incompatible. The leading case on compatibility of office is People ex rel. Ryan v Green, 58 NY 295 (1874). In that case the Court held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the two offices. The former can be characterized as "you cannot be your own boss", a status readily identifiable. The latter is not easily characterized, for one must analyze the duties of the two offices to ascertain whether there is an inconsistency. An obvious example is the inconsistency of holding both the office of auditor and the office of director of finance. There are two subsidiary aspects of compatibility. One is that, although the common law rule of the Ryan case is limited to public offices, the principle equally covers an office and a position of employment or two positions of employment. The other is that, although the positions are compatible, a situation may arise where one has a conflict of interests created by the simultaneous holding of the two positions. In such a situation, the conflict is avoided by declining to participate in the disposition of the matter. The code enforcement officer is locally authorized to enforce the zoning laws and site plan regulations of the village. The village's planning board is authorized to review and approve proposed subdivisions, site plans, and special permit applications and may make recommendations to the village board of trustees on zoning amendments. You have explained in a telephone conversation...