Local zoning officials and planning board members have an obligation to act ethically, as provided by Article 18 of New York’s State General Municipal Law (GML),1 New York State Penal Law §195.00,2 local codes of ethics,3 court decisions, opinions of the New York State Attorney General and New York State Comptroller, and rules applicable to the professions (such as the Rules of Professional Conduct for lawyers). This obligation requires that they avoid conflicts of interest in the discharge of their official duties. In determining whether a conflict of interest exists, “the test to be applied is not whether there is a conflict, but whether there might be.”4
Conflicts of interest can arise where competing goals make it difficult for government officials to make decisions that protect the common good. Where conflicts of interest exist, board members should disclose the conflicts and determine whether they can fairly make decisions on the issues before the board. Where the answer is “no,” board members should recuse themselves and not participate in discussions with other board members, vote on the issues, or otherwise influence the decision-making process.
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