Over the past three months the Franklin County District Attorney’s Office has been examining allegations of certain improprieties including self-dealing, conflicts of interest and violations of statutes on the part of various local elected officials in Franklin County.
The recently disclosed unethical conduct by our state’s highest elected official has heightened the need for a closer review of all available ethical safeguards in order to reestablish and maintain the Public’s confidence in our elected officials.
This week, copies of General Municipal Law, Chapter 24, Article 18, Section 805-a and 806, are being sent to all Town, Village, School District and other regulatory boards in Franklin County in an effort to fully apprize elected officials of the prohibited conflicts of interest of Municipal Officers and their employees. Each governing body is also being urged to adopt and/or update their respective Code of Ethics and to consider working with the Franklin County Legislature to adopt a standard code throughout the County.
Our investigation has revealed several contracts, easements, lease option agreements, cooperation memoranda and other types of documents which disclose relationships existing between elected officials and certain third parties in Franklin County (as well as other elected officials in other Counties) which, when allegedly coupled with certain decision making and board action, may be in violation of General Municipal Law (GML) 805-a(1)(c) and (1)(d). If such violations have occurred, these public officials may also be in violation of Penal Law Section 195.00, Official Misconduct and/or Penal Law Section 200, (Bribery Involving Public Servants and related offenses).
We are presently urging all elected officials to examine any and all employment relationships, contracts, contractual arraignments, agreements, leases, easements, payments, agreements for future services, fees, compensation, financial arraignments and other related matters which would fall under the prohibitions of GML 805-a(1)(c) and (1)(d) and to consider as required by law, full disclosure to the public and recusal from voting or participation in legislative decisions in any events where a public official has or may have a financial interest. (1992 N.Y. Op. (Inf.) Att’y Gen. 31)
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