NYCL AGO 96-6.

• Case Date: March 04, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-6. March 4, 1996Informal Opinion No. 96-6William E. Stanton, Esq. Deputy Town Attorney Town of Clinton P. O. Box 208 Clinton Corners, NY 12514A member of the town board should recuse herself from deliberations and voting regarding possible legal action by the town board against the board of assessment review, of which her husband serves as chairperson.Dear Mr. Stanton: You have indicated that the spouse of a member of the town board serves as the chairperson of the board of assessment review of the same town. You have asked whether a conflict of interests would occur were the town board member to participate in discussions of the town board and vote on whether to commence litigation against the board of assessment review. We have distinguished between types of actions in determining whether spouses serving the same governmental unit have disqualifying conflicts of interests. As to actions by a spouse that would affect the terms and conditions of employment of the other spouse, we have found that recusal is necessary. 1986 Op Atty Gen (Inf) 101. In that these matters may include, for example, compensation and tenure in office, the spouse has a personal interest by reason of the marital relationship. On the other hand, we have found that a spouse may act with respect to other governmental matters even though there may be an impact, for example, on the department where his or her marital partner serves. Op Atty Gen (Inf) No. 90-12.(fn1) In our view, participation by a spouse in deliberations and voting as a member of the town board regarding possible litigation against the town's board of assessment review of which her husband is chairperson would create a conflict of interests or at least an appearance of a conflict. You have...