NYCL AGO 95-24.

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

New York Attorney General Opinions 1995. AGO 95-24. April 26, 1995Informal Opinion No. 95-24Nicholas M. DiCostanzo, Esq. Eastchester Fire District P. O. Box 219 Bronxville, NY 10708TOWN LAW § 174 (2), (3).A commissioner of the Eastchester Fire District does not have a conflict of interests as a result of his private employment as a firefighter where he is a member of the same national union as the paid firefighters with whom he must negotiate contracts on behalf of the fire district.Dear Mr. DiCostanzo: You have asked whether a conflict of interests exists under the following circumstances. A commissioner of the Town of Eastchester Fire District along with the other four elected fire commissioners are responsible for negotiating union contracts with the career firefighters (paid) in the Eastchester Fire District. These firefighters are represented by the International Association of Firefighters, Local 916. The commissioner in question, in his personal career as a paid firefighter in the City of Mount Vernon, is a member of the same International Association of Firefighters but belongs to a different local. You have asked whether the commissioner has a conflict of interests in negotiating union contracts on behalf of the Eastchester Fire District as a result of his membership in the International Association of Firefighters union. First, we note that the position of fire district commissioner is an elected office and that commissioners receive no compensation. Town Law § 174(2), (3). Persons serving as fire district commissioners are volunteers who have taken on a significant responsibility in developing policy on behalf of the fire district. In light of the voluntary nature of this service, commissioners will ordinarily have other employment in order to support their families. Thus, the mere fact that a commissioner in his paying job is a member of a labor union, should create no conflict of interests. The distinguishing factor in your inquiry is that the commissioner is a member of the same parent...