NYCL AGO 95-46.

• Case Date: September 22, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-46. September 22, 1995Informal Opinion No. 95-46Linda Riley, Esq. Town Attorney No. 95-46 Town of Southampton Town Hall 116 Hampton Road Southampton, New York 11968NY CONST ART IX § 2(c); ELECTION LAW § 14-114; GENERAL MUNICIPAL LAW § 806; MUNICIPAL HOME RULE LAW § 10; 9 NYCRR Part 6200; L 1974, CH 604.A local law which would prohibit the award of municipal contracts to persons who have made political contributions to town officials or candidates for town office is preempted by State law.Dear Ms. Riley: You inquire whether the Election Law preempts enactment of town regulations which would prohibit the award of municipal contracts to persons who have made political contributions to town officials or candidates for town office. As part of your inquiry, you have transmitted to us for review a proposed amendment to the Southampton Town Code. Specifically, the proposed amendment would preclude the awarding of town contracts worth more than $1,500 to people who have made political campaign contributions of more than $100 to town officials or candidates for town office. As a general policy, we do not review the details of proposed local enactments, since these matters are appropriately reserved for consideration by local officials familiar with local conditions and legislative intent. However, we do advise local governments whether under State law they possess the authority to enact measures dealing with various subjects. We conclude that the proposed Southampton regulations are both inconsistent with and preempted by the State Election Law. Furthermore, in light of the specific provisions of the Election Law governing campaign contributions, the general provisions of General Municipal Law § 806 (which require the adoption of local codes of ethics governing the conduct of municipal officials) do not provide an alternative basis of authority for the proposed regulations. Article IX of the New York State Constitution establishes the principles of home rule. NY Const Art IX § 2(c). Under the State Constitution, local governments such as the Town of Southampton are authorized to adopt local laws relating to their property, affairs and government, and relating to other listed subjects such as the transaction of business, NY Const Art IX § 2(c)(i) and (ii)(3), and the health...