Advisory Opinions

The Shelter Island Board of Ethics issues opinions under the Code of Ethics, a new version of which was approved by the Town Board in May 2023.  Our goal is to be as public as possible to help guide employees and officials in their future activities, while also protecting employees who seek confidential advisory opinions.  The ethics code applies to unpaid advisory officials as well as paid employees.

Town Code 8-20(D) authorizes the board “to make public on the Ethics Board website its opinions in a brief summary form that removes all personal identifying information.” However, we have asked requesters if they would permit further disclosure in the interest of transparency to help guide other officials and inform the public. Those who approved full disclosure are marked below with asterisks.*

This is a summary of actions since 2022, when the board was reconstituted.  Case outcomes, however, are very fact-specific and so may vary from case to case.  To request an opinion, email boe@shelterislandtown.gov

Non-confidential guidance under Town Code and common law

For the Waterways Management Advisory Council:

> Recusal is mandatory for potential financial conflicts-of-interest under state law and our Town code of ethics. Recusal is optional for town officials in circumstances where for any reason they may feel they have a bias or personal connection that would potentially make it harder for them to put the public interest above any private interest. 

> Recusal from discussion and voting should be considered in occasions where a reasonable person would foresee an appearance of impropriety. 

For the Town Assessor:

> The Town Assessor should not hire candidates with active real estate practices on Shelter Island both because of the possibility of conflicts and/or competitive benefits that working in the Assessor’s Office might provide. Such a hire could, however, stop practicing real estate on the island while working for the assessor.

Advisory Opinions responding to requests or complaints

> A Town official with a very small property interest on a shoreline did not have to recuse from deliberations concerning a dock one-third of a mile away. Opinion 6-2023 (PDF)*

Confidential Advisory Opinions responding to employee requests regarding their own behavior*

> Town officials should disclose and recuse themselves from matters concerning Fresh Pond if they have potentially conflicting interests as adjacent property owners and co-presidents of a neighborhood advocacy group. They can appear before each other’s committees and continue public advocacy. Opinion 5-2023 (PDF)*

> A Town official whose family business could be affected by Town decisions should disclose that interest in writing and recuse from all discussion and votes on financial matters which could confer benefits to the business. But the official may participate in technical discussions on which the Town may benefit from expertise in the public interest.  The official may, in their private capacity and at no charge, help people apply for public benefits. Opinion 4-2023 (PDF)*  The official should fully recuse from technical discussions as well as votes on a proposed Town law that could financially benefit the family business. May 2024 BOE email on Opinion 4-2023 (PDF)*

> It is acceptable for a Town employee to run for a public office as long as they campaign on their own time and do not misuse Town resources. Opinion 2-2023 (PDF)*

> Someone with a private real estate practice on Shelter Island should not take a Town job that could give the person a real or perceived competitive advantage in that private business. 

> A Town official should optionally recuse themselves, under common law, if a significant bias or personal connection would potentially make it harder for them to put the public interest above any private interest. In an earlier opinion, the board, citing the law on financial conflicts, said it would be acceptable for the official to participate and vote on matters on which the person had expressed a strong opinion as a citizen or private group member.

> A Town employee should not hold a second Town position which could be incompatible, contain an inherent inconsistency, or have the right to interfere with the first position. These standards are set by common law on dual officeholding set by court cases and related State Attorney General Opinions.

> It is acceptable for a Town employee on an advisory board to also be a member of a grass-roots non-profit organization advocating for related issues, as long as the employee is not compensated for that private work.  Compensation could trigger a violation of our ethics code.

> A Town official who is also selling services privately should disclose, recuse and abstain from all discretionary decision-making activity concerning those services. The official would have to resign if their private activity required more than sporadic recusal from their corresponding duties as a public official.

> It is acceptable for a Town advisory board member to participate and vote on matters which may have a remote or tenuous connection to the person’s private business.

> A Town official with a financial interest in a property should disclose, recuse and abstain from all discretionary decision-making activity concerning that property.  Opinion 1-2022 (PDF)*

* Requesters/subjects of Advisory Opinions marked with asterisks voluntarily approved their full public release.