NYCL AGO 96-10.

• Case Date: March 11, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-10. March 11, 1996 Informal Opinion No. 96-10Charles E. Drake, Esq. County Attorney No. 96-10 County of Hamilton 1416 Genesee Street Utica, NY 13502LOCAL FINANCE LAW §§ 10.00(a), 11.00(a)(33), 29.00(d), 35.00(b)(4); GENERAL MUNICIPAL LAW § 808; PUBLIC OFFICERS LAW § 18.Litigation by a member of a county board of supervisors against a county official who is eligible to receive defense and indemnification by the county does not disqualify the board member from acting on any financial or appropriation matter. When there is any doubt as to whether the board member can act impartially, he or she should recuse himself or herself or bring the issue before the county board of ethics for an advisory opinion.Dear Mr. Drake: You have inquired whether a member of the county's board of supervisors has a conflict of interests under certain circumstances. Your original inquiry dealt with two members of the board of supervisors. You informed me by telephone, however, that one board member was not reelected. A member of the board of supervisors instituted a civil rights action in district court against the county seeking $1,500,000 in damages allegedly resulting from the actions of a county official. You have indicated that the county has adopted section 18 of the Public Officers Law, which provides for defense and indemnification of its officers and employees and has acquired public officers legal liability insurance to defend the county and cover its liability. In subsequent correspondence and in a telephone conversation you have explained that the sole question raised is whether the member of the board of supervisors who has a lawsuit pending against the county has a conflict of interests in voting on any financial or appropriation matter on behalf of the county. Apparently, the board of supervisors views the county's ability to pay the costs of any settlement or judgment as matters which may affect the board member's ability to act on any appropriation or financial matters solely in the public interest. You have explained that the county's insurance covers $1,000,000 per occurrence and $1,000,000 per year and that there are two other lawsuits against the county which far exceed the policy limits. In our view, the existence of the lawsuit does not prohibit the board member from...