ADVISORY OPINION # 18-13
OUESTION:

A member of the legislature requests guidance relating to part time employment as a police
officer with the Port Dickinson Police Department. (Broome County)
FACTS:

Prior to the member’s legislative service, he served as a law enforcement officer for fifteen
years. He served two years as a deputy sheriff with the Chenango County Sheriff’s Office
followed by thirteen years with the Broome County Sheriff’s Office. When he ran for office, he
held the appointed rank of Broome County Undersheriff. The legislator has now been offered a
position as a part-time police officer in the Village of Port Dickinson that would require no more
than twenty-four hours per month at the rate of sixteen dollars an hour. The part time
employment would allow the member to retain his training certification as a police officer. The
duties of police officer in the Village of Port Dickinson include routine patrol work, assisting in
the investigation of criminal offenses, traffic control and dealing with juvenile issues. This work
would also require the member to assist the Chief of Police with administrative duties such as
evidence room audits and warrant reviews. Ordinarily, a police officer works under the
supervision or the direction of a higher ranking officer. However, there is considerable
independent responsibility for the exercise of sound independent judgment in emergencies. The
member states that he would not use any State resources nor would he conduct any duties related
to his outside employment in State offices.
RELEVANT STATUTE(S):

Public Officers Law

§ 73-a; 74 (2) and (3)

DISCUSSION:

Public Officers Law § 74 (2) first sets out the rule with respect to conflicts of interest for
members of the legislature. It provides, in relevant part:
“No
member of the legislature
should have any interest, financial or othenvise,
direct or indirect, or engage in any business or transaction or professional activity or
incur any obligation of any nature, which is in substantial conflict with (lie proper
discharge of his or her dii ties in the public interest.”
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The Commission has observed that the general rule in §74 (2) is intended to guard against
substantial conflicts of interest between a member of the legislature’s outside activities and his or
her official duties. It is not intended to prohibit citizen legislators from having outside interests
that result in financial gain, but to prohibit financial or other gain at the expense of the public
trust. Here, the outside employment is with a local police force on a part time basis doing work
similar to positions he has held previously. Based upon the facts presented, this outside
employment does not present a conflict of interest.
If a member’s official act will affect his or her outside interest, the test applied is whether any
impact on that outside interest resulting from his or her sponsorship or voting on state legislation

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 or resolutions, is similar to that realized by other members of the business, profession, industry,
occupation, or group affected.
Here, the facts as presented do not indicate that the member’s outside employment poses a
conflict of interest with his legislative duties, nor do they evidence that he will receive financial
or other gain of a kind that § 74 (2) prohibits. On this basis, the Commission has determined that
the member’s outside employment is not in substantial conflict with his legislative duties.
However, in the event that legislation or a resolution should come before the member that affects
his position or the Port Dickinson Police Department, he is advised to seek additional counsel.
Public Officers Law § 74 (3) next outlines the code of ethics standards for members of the
legislature. As relevant here:
“a. No. member of the legislature. should accept other employment which will
impair his or her independence of judgment in the exercise of his or her official ditties 1;]
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b. No. member of the legislature. should accept employment or engage in any
business or professional activity which will require him or her to disclose confidential
infonnation which he or she has gained by reason of his or her official position or
authority 1;]
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c. No. member of the legislature. should disclose confidential information acquired
by him in the course of his or her official dii ties nor use sit cli information to further his or
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her personal interests

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d. No. nember of the legislature
should use or attempt to use his or her official
position to secure unwarranted privileges or exemptions for himself or he rself or others,
including but not limited to the misappropriation to himself herself or to others of the
property, services or other resources of the stateforprivate business or other
compensated nongovernmental pit rposes.”
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On the forgoing facts, the member’s outside employment does not improperly conflict with
Public Officers Law § 74 (3). Even so, as with any outside engagement, the member must keep
all of his work activities, including solicitation of clients separate and distinct from his legislative
activities and resources.
Finally, the Commission reminds the member that, pursuant to Public Officers Law § 73-a, he
must properly report the information pertaining to his outside employment, including income and
reimbursed expenses in excess of S 1,000 annually, on his Annual Statement of Financial
Disclosure.
CONCLUSION:

Based on the foregoing facts, the Commission concludes that the member’s outside employment
as a part time police officer does not violate Public Officers Law § 73 or 74 provided he
complies with the guidance above. In addition, he must properly report his outside employment
and income received on his Annual Statement of Financial Disclosure where required by Public
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 Officers Law § 73-a. Should any aspect of the member’s employment change, the Commission
advises the member to seek additional guidance.

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 ADVISORY OPINION
# 18-21
QUESTION:

A member of the legislature requ&sts guidance on part-time outside employment as a selfemployed, private investigator. He asks whether this outside occupation is compliant with Public
Officers Law.
FACTS:

Prior to the member’s service in the Senate, he served as a Law Enforcement Officer for 15
years. He is currently emp’oyed, outside his legislative position, as a part time police officer.
(Advisory Opinion #18-13) He plans to apply for a license to operate as a private investigator
pending results from the required Department of State examination, which he took on December
3rd
As a private investigator, the member would be hired to obtain information regarding the
identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions,
reputation, or character of any person or group of persons. He could also conduct investigations
regarding the credibility of witnesses; the whereabouts of missing persons; the location or
recovery of lost or stolen property, and the causes and origin of fires, libels or losses. The
member anticipates working no more than 30 hours per month with an estimated rate of S75.00
per hour, as commensurate with others in the profession in the Southern Tier.

RELEVANT STATUTE(S):

Public Officers Law §74 (2) and (3); §73(4)(a) and §73-a
DISCUSSION:

Public Officers Law § 74 (2) first sets out the rule with respect to conflicts of interest for
members of the legislature. It provides that:
“No. member of the legislature... should have any interest, financial or othenvise,
direct or indirect, or engage in any business or transaction or professional activity or
incur any obligation of any nature, which is in substantial conflict wit/i the proper
discharge of his or her ditties in the public interest.”
.

.

The Commission has observed that the general rule in §74 (2) is intended to guard against
substantial conflicts of interest between a member of the legislature’s outside activities and his or
her official duties. It is not intended to prohibit citizen legislators from having outside interests
that result in financial gain, but to prohibit financial or other gain at the expense of the public
trust. Here, the outside employment is focused on private investigation and surveillance type
work. The potential employment does not, based upon the facts presented, evidence a substantial
conflict of interest with his legislative position.
If a member’s official act will affect his or her outside interest, the test applied is whether any
impact on that outside interest resulting from his or her sponsorship or voting on state legislation
or resolutions, is similar to that realized by other members of the business, profession, industry,
occupation, or group affected.
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 Here, the facts as presented do not indicate that the member’s outside employment poses a
conflict of interest with his legislative duties, nor do they evidence that he will receive financial
or other gain of a kind that § 74 (2) prohibits. On this basis, the Commission has determined that
the member’s outside employment is not in substantial conflict with his legislative duties.
Public Officers Law § 74 (3) next outlines the code of ethics standards for members of the
legislature. As relevant here:
“a. No. member of the legislature. should accept other employment which will
impair his or her independence ofjudgment in the exercise of his or her official ditties [;]
.

.

.

.

b. No. member of the legislature. should accept employment or engage in any
business or professional activity which will require him or her to disclose confidential
information which he or she has gained by reason of his or her official position or
autlioray [;]
.

.

.

.

c. No. member of the legislature. should disclose confidential information acquired
by him in the course of his or her official dii ties nor use such information tofitrther his or
her personal interests [;]
.

.

.

.

d. No. member of the legislature. should use or attempt to use his or her official
position to secure unwarranted privileges or exemptions for himself or he rself or others,
including but not limited to the misappropriation to himself herself or to others of the
property, services or other resources of the state for private business or other
compensated nongovernmental purposes.”
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f. An officer or employee of a state agency,

menther oft/ic legislature or legislative
employee should not by his or her conthict give reasonable basis for the impression that
mn person can unpmperly influence hun or her or iuzduly enjoy Ins or her favor in the
peiformance of his or her official ditties, or that lie or she is affected by the kinship, rank,
position or influence of any paily or person.
Ii. An officer or employee of a state agency, member of the legLclature or legislative
employee should endeavor to pursue a course of conduct which 41’dl not raise suspicion
among the public that he or size is likeI’ to be engaged in acts that are in violation of his
at- her trust.

On the forgoing facts, the member’s outside employment does not improperly conflict with
Public Officers Law § 74 (3). Even so, as with any outside engagement, the member must keep
all of his work activities, including solicitation of clients, separate and distinct from his
legislative activities and resources. In addition, the member is reminded that he may not use his
legislative title in his private business.

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 The member is also reminded of the restrictions on selling goods or services to the State of New
York.
Public Officers Law §73(4)(a) provides, in relevant part:

No... member of the legislature,... or firm or association of which such person is a
member, or corporation, ten per centum or more of the stock of which is owned or
controlled directly or indirectly by such person, shall (i) sell any goods or services
having a value in excess of twenty-five dollars to any state agency, or (U) contract for or
provide such goods or services with or to any private entity’ where the power to contract,
appoint or retain on beha If of such private entity is exercised, directly or indirectly, by a
state agency or officer thereof unless such goods or services are provided pursuant to an
award or contract let after pitblic notice and competitive bidding.
Finally, the Commission reminds the member that, pursuant to Public Officers Law § 73-a, he
must properly report the information pertaining to his outside employment, including income and
reimbursed expenses in excess of S1,000 annually, on his Annual Statement of Financial
Disclosure.
CONCLUSION:

Based on the foregoing facts, the Commission concludes that the member’s outside employment
as a part-time, self-employed private investigator does not violate Public Officers Law § 73 or
74 provided he complies with the guidance above. In addition, the legislator must properly
report his outside employment and income received on his Annual Statement of Financial
Disclosure where required by Public Officers Law § 73-a. Should any aspect of the member’s
employment change, the Commission advises the member to seek additional guidance.

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