Opinion 22-45

April 1, 2022

Dear :

This responds to your inquiry (22-45) asking if it is ethically permissible for you to accept a salary increase approved by the town board partway through your current term of office.

The Committee has examined your question and the information you have submitted and, upon careful review, has determined that your inquiry presents a legal question rather than an ethical one (see e.g. Roe v Bd. of Trustees of Village of Bellport, 65 AD3d 1211 [2d Dept 2009]). Legal questions are beyond the scope of this Committee’s jurisdiction (see 22 NYCRR 101.1; Judiciary Law § 212[2][l]).

         Enclosed for your convenience are Opinions 22-21; 21-108; 21-56 which address this issue.

Very truly yours,

                                       Margaret Walsh

                                       Supreme Court Justice

                                       Committee Co-Chair

                                       Lillian Wan

                                       Supreme Court Justice

                                       Committee Co-Chair

Encls.