Filed Date: 10/13/1976
Status: Precedential
Modified Date: 7/5/2016
HON. CANIO J. SALESE Village Attorney, Fishkill
This is in response to your letter received October 7, 1976, wherein you ask for an opinion of the Attorney General relating to the following. You state that a Trustee of the Village of Fishkill also serves as a Commissioner of Water Lines and Sewers (as authorized by Village Law, §
As you know, added Laws of 1964, chapter 946 inserted an Article 18 in the General Municipal Law, known as "Conflicts of Interest of Municipal Officers and Employees." Section 801, contained in said Article, provides in part:
"Except as provided in section eight hundred two of this chapter, (1) no municipal officer or employee shall have an interest in any contract with the municipality of which he is an officer or employee, when such officer or employee, individually or as a member of a board, has the power or duty to (a) negotiate, prepare, authorize or approve the contract or authorize or approve payment thereunder (b) audit bills or claims under the contract, or (c) appoint an officer or employee who has any of the powers or duties set forth above * * *."
It is apparent that the Village Building Inspector does not have any of the powers described in section 801(1)(a), (b) and (c), in relation to his engagement as a private contractor to repair breaks in the water and sewer lines.
Accordingly, we conclude that no prohibited conflict of interest will arise under General Municipal Law, §