ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

June 29, 2011

Acceptance of gifts by public officials


Acceptance of gifts by public officials
Decision of the Commissioner of Education, Decision No. 15,486

Members of the Board of Education of the Massapequa Union Free School District attended a social event sponsored by the board’s attorneys. Paul Dashefsky, claiming that as the fair market value of the reception was between $200 and $300 per person, complained that such attendance constituted a violation of district policy and General Municipal Law §805-a.

He asked the Commissioner to rule that the board members’ attendance constituted a violation of law and district policy. He also asked the Commissioner to direct the board members “to cease and desist from accepting any prohibited gifts.” Finally, Dashefsky wanted the Commissioner to direct the board members “to publicly disclose all gifts accepted during their term of service;” and to reimburse the district for the fair market value of any gifts accepted in violation of law or district policy.

Although the Commissioner dismissed Dashefsky’s appeal as untimely, he said that “Even if it were not dismissed on procedural grounds, the appeal would be dismissed on the merits.”


Dashefsky had the burden of demonstrating a clear legal right to the relief he sought and the burden of establishing the facts upon which he seeks relief. The Commissioner said that Dashefsky’s claim that the cost of the reception was between $200 and $300 per person was mere speculation as there was nothing in the record to confirm this allegation. Accordingly, said the Commissioner, Dashefsky failed to establish that the dollar limit set out in the statute or the policy had been violated..

The Commissioner, however, said that he felt “compelled to remind [the board members] of the gift prohibitions in the General Municipal Law and their obligations thereunder.” General Municipal Law §805-a(1) states:

No municipal officer or employee shall: a. directly or indirectly, solicit any gift, or accept or receive any gift having a value of seventy-five dollars or more, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part.

The Commissioner cautioned:

“A violation of §805-a(1) occurs not only where there is an intent to influence or reward an official but also in instances where there is an appearance that a gift will influence the official (Op Atty Gen No. 89-48). Under this standard, it may “reasonably be inferred” that the reception was intended to influence, or “could reasonably be expected to influence” the board’s decision to continue its business relationship with the law firm or to reward the board for past actions, including the retention of the firm’s services.

“As public officials, board members must avoid even the appearance of impropriety. (Op Atty Gen No. 89-48). I thus encourage the individual board members to be scrupulous in their adherence to the gift prohibitions contained in General Municipal Law §805-a(1) and board policy.”

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com