Judges: JAMES D. COLE, Assistant Attorney General
Filed Date: 11/5/1997
Status: Precedential
Modified Date: 7/5/2016
Glenn S. Hackett, Esq. Informal Opinion County Attorney No. 97-50 County of Niagara Niagara County Courthouse Lockport, N Y 14094-2740
Dear Mr. Hackett:
You have asked whether a proposed local law amending the Niagara County Code of Ethics, which would prohibit any person appointed to a county office by the county legislature and/or the chairman of the legislature from holding an executive office in a political party organization, is lawful. Under the proposal, "executive office" is defined as the chairman, vice-chairman, treasurer or secretary of the party.
There is ample authority for the enactment of the proposed local law amending the Code of Ethics. Under section
The Court of Appeals has upheld a similar provision. A proposed amendment to the New York City Charter requiring certain high City officers to forego specific political party offices as a qualification for holding public office was before the Court in Golden v. Clark,
The Court discussed its prior decision in Matter of Rosenstack v.Scaringe,
In that the State Constitution's Equal Protection guarantee is as broad as coverage under the Fourteenth Amendment, the Court in Golden also considered two types of ballot access cases identified by the United States Supreme Court to involve fundamental rights and, therefore, requiring heightened scrutiny. Golden v. Clark,
The Court reasoned that the proposed amendment to the New York City Charter could be sustained against an equal protection challenge if it was shown to be rationally related to a legitimate State interest. Goldenv. Clark,
Section 2604(b)(15) is intended to eliminate conflicts of interest that arise when high public officials are simultaneously subject to the demands of both their constituencies and their political parties, to broaden opportunities for political and public participation, to reduce the opportunities for corruption inherent in dual officeholding, and, through all of these methods, to increase citizens' confidence in the integrity and effectiveness of their government. These are legitimate governmental purposes and have been identified as such both judicially and legislatively. Golden v. Clark, 76 N Y 2d at 626.
The Court of Appeals also found that the proposed charter provision did not prohibit City officials from engaging in a broad range of personal or financial activity in support of a candidate or cause. Golden v. Clark,
In our view, assuming appropriate legislative findings have been made by the Niagara County legislature establishing a legitimate governmental interest, the proposed amendment to the Niagara County Code of Ethics is authorized and lawful.
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General
In Charge of Opinions