1995-24
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Cite as N.Y. Op. Att'y Gen. No. 1995-24
TOWN LAW § 174(2), (3).
A commissioner of the Eastchester Fire District does not
have a conflict of interests as a result of his private
employment as a firefighter where he is a member of the same
national union as the paid firefighters with whom he must
negotiate contracts on behalf of the fire district.
April 26, 1995
Nicholas M. DiCostanzo, Esq.
Informal Opinion
Eastchester Fire District
No. 95-24
P. O. Box 219
Bronxville, NY 10708
Dear Mr. DiCostanzo:
You have asked whether a conflict of interests exists under
the following circumstances. A commissioner of the Town of
Eastchester Fire District along with the other four elected fire
commissioners are responsible for negotiating union contracts
with the career firefighters (paid) in the Eastchester Fire
District. These firefighters are represented by the
International Association of Firefighters, Local 916. The
commissioner in question, in his personal career as a paid
firefighter in the City of Mount Vernon, is a member of the same
International Association of Firefighters but belongs to a
different local. You have asked whether the commissioner has a
conflict of interests in negotiating union contracts on behalf of
the Eastchester Fire District as a result of his membership in
the International Association of Firefighters union.
First, we note that the position of fire district
commissioner is an elected office and that commissioners receive
no compensation. Town Law § 174(2), (3). Persons serving as
fire district commissioners are volunteers who have taken on a
significant responsibility in developing policy on behalf of the
fire district. In light of the voluntary nature of this service,
commissioners will ordinarily have other employment in order to
support their families. Thus, the mere fact that a commissioner
in his paying job is a member of a labor union, should create no
conflict of interests.
The distinguishing factor in your inquiry is that the
commissioner is a member of the same parent union as the paid
firefighters with whom he must negotiate union contracts as a
member of the Eastchester board of fire commissioners. You have
explained that on each of the 26 annual paydays there is a
payroll deduction of $13.50 from each of the Eastchester career
firefighters for payment of union dues, which goes to the local
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and then the local redistributes a portion of the dues to the
national union.
We see no basis for a conflict of interest under these
circumstances. The commissioners have no control over the amount
of dues going to the local and the portion going to the national
union except through their control of the number of paid
firefighters. The commissioner belongs to a different local than
that of the paid firefighters with whom he negotiates union
contracts. You have informed us that the national union has many
locals. Significantly, you indicated that the cities in
Westchester County look to each other for comparisons of
firefighter terms and conditions of employment. Thus, the
Eastchester contract would not necessarily serve as a model for
Mount Vernon firefighters. His membership in the same national
union under these circumstances creates a remote, if any,
incentive to act in violation of the public interest.
We conclude that a commissioner of the Eastchester Fire
District does not have a conflict of interests as a result of his
private employment as a firefighter where he is a member of the
same national union as the paid firefighters with whom he must
negotiate union contracts on behalf of the fire district.
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