NYCL AGO 96-21.

Case DateJune 27, 1996
CourtNew York
New York Attorney General Opinions 1996. AGO 96-21. June 27, 1996Informal Opinion No. 96-21James F. Dwyer, Esq. Village Attorney Village of Marcellus 5720 Commons Park East Syracuse, NY 13057VILLAGE LAW, ART 10.A member of the board of trustees of the Village of Marcellus may also serve as a volunteer member of the village volunteer fire department and as vice-president of the Marcellus Fire Department, Inc. The trustee should, however, recuse himself from participating in the approval of the budget for the volunteer fire department.Dear Mr. Dwyer: You have asked whether it is a conflict of interests for a member of the village board of trustees to serve also as a volunteer member of the Marcellus Volunteer Fire Department and as the vice-president of the Marcellus Fire Department, Inc. You have provided factual information in your May 1, 1996 opinion request, in a supplemental letter dated May 10, 1996, and in a May 13, 1996 telephone conversation. You have explained that the Marcellus Volunteer Fire Department has been organized as the fire department of the village and is funded by the village board of trustees. See, Village Law, Art 10. The Marcellus Fire Department, Inc. is a separate entity, unaffiliated with village government. You have informed us that the Marcellus Fire Department, Inc. "acts in a supportive capacity to the Marcellus Volunteer Fire Department". The Marcellus Fire Department's responsibility is strictly limited to fundraising and it is not involved in firefighting. Annually, the Village of Marcellus contracts with the Town of Marcellus to provide fire protection and other emergency services to the town through the village's volunteer fire department. The contract is approved by the town and the village and in addition the fire chief of the volunteer fire department consents to the contract on behalf of the department. The Marcellus Fire Department, Inc. is not a signatory to the contract and provides no services under the contract. You ask first whether the trustee's position as vice-president of the Marcellus Fire Department, Inc. is a conflict of interests. The fire department is an incorporated entity separate and distinct from village government. You have indicated that it receives no funding from the village, no funding under the contract with the town and it provides no...

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