Can the same person in a New York town serve as both the town's appointed assessor and the local political party chair?

Plain-English summary

The Town of Mentz asked the AG whether a town political party chair could also serve as the town's single appointed assessor. The AG said yes, no statutory or common-law prohibition applies.

The reasoning starts with the legal status of a political party chair. Under Election Law § 1-104(5), a party chair holds a party office, not a State or local public office. The Matter of Sulli case from Monroe County (1960) and the Cunningham case from the SDNY both reach that conclusion. Because the compatibility-of-office doctrine applies only to combinations of public offices (or positions of employment), it does not reach a party office paired with a public office. So the People v Green compatibility test does not even kick in here.

The AG then checked the qualifications for town assessor in Real Property Tax Law §§ 310 et seq. and found no provision prohibiting the holding of both positions. Without a statutory bar and without compatibility-of-office concerns, the combination is permitted as a matter of State law.

The AG flagged the local ethics layer. General Municipal Law § 806(1)(a) requires every local government to adopt a code of ethics setting standards for officers and employees. Local codes can address situations not expressly prohibited by State law. So the town should check its own code to see whether any local standard applies to this combination. If the town board thinks the situation warrants regulation, it can amend the code. And the local (or county) board of ethics can be asked for an advisory opinion construing the existing code.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why is a political party chair not a public office?
Because parties are private organizations created and regulated by the Election Law. The party chair is selected by the party's committee or convention according to its rules and applicable Election Law provisions. The chair does not exercise governmental authority. Cunningham described the position as governing party affairs rather than public business. The case law and the Election Law treat the party chair as a "party officer" distinct from "public officer."

What is the doctrine of compatibility of office, and why doesn't it apply here?
The doctrine, rooted in People ex rel. Ryan v Green, says that two public offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the duties. Compatibility doctrine extends to public office paired with public employment, but it does not reach a public office paired with a private party office. So the doctrine simply does not have anything to say about an assessor who is also a party chair.

Does this mean there are no concerns at all about the combination?
No. The AG is careful to say that public officials should not "accept positions or become involved in outside activities which conflict with their official duties." The State-law analysis just looks at statutory and common-law prohibitions. The local-ethics layer is the place where conflicts between the assessor's official duties and the party chair's activities (for example, public statements about properties owned by political opponents) might get addressed. Local codes of ethics can prohibit conduct that State law does not.

Are there qualifications for town assessor in the Real Property Tax Law?
Yes. Real Property Tax Law §§ 310 et seq. set qualifications for assessors, including training and certification requirements. The AG checked those provisions and found nothing barring a political party chair from being an assessor.

What kinds of local ethics code provisions could come into play?
General Municipal Law § 806(1)(a) authorizes codes that provide standards on disclosure of interests in legislation, holding investments in conflict with official duties, private employment in conflict with official duties, future employment, and other standards relating to officer or employee conduct. So a local code could conceivably address, for example, the assessor's participation in property-related party fundraising or the assessor's statements about properties in his official capacity that overlap with party activity.

Can the town board ask the board of ethics for guidance?
Yes. The AG points to Matter of Sulli as authority for asking the local (or county, if no local) board of ethics for an opinion construing the local code in light of a specific situation. That is a useful route when the State-law answer is "no prohibition" but the town wants comfort that the combination is okay under its own ethics code.

Background and statutory framework

The structural pieces:

Election Law § 1-104(5) classifies political party officers (including party chairs) as party officers rather than as State or local public officers.

Real Property Tax Law §§ 310 et seq. set the qualifications for town assessors. The AG read these and found no statutory bar against a party chair also serving as assessor.

General Municipal Law § 806(1)(a) requires every local government to adopt a code of ethics providing standards for officers and employees with respect to:

• disclosure of interest in legislation before the local governing body;
• holding of investments in conflict with official duties;
• private employment in conflict with official duties;
• future employment; and
• "such other standards relating to the conduct of officers and employees as may be deemed advisable."

Codes can regulate or prohibit conduct that is not expressly prohibited by State law (but may not authorize conduct that State law prohibits).

The Matter of Sulli v Bd. of Supervisors of the County of Monroe case (1960) confirmed that a political party chair is a party officer, not a public officer, and that the doctrine of compatibility of office does not apply. Cunningham v Bronx Co. Democratic Executive Committee (SDNY 1976), affirmed by the Supreme Court at 431 US 801 (1977), is consistent.

The AG's prior informal opinions 1981 Op Atty Gen (Inf) 111 and 1978 Op Atty Gen (Inf) 91 had reached the same conclusion on similar facts.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_96-27_pw.pdf

Original opinion text

GENERAL MUNICIPAL LAW § 806(1)(a); REAL PROPERTY TAX LAW §§ 310, et seq.

There is no common law or statutory prohibition on a town assessor also serving as a local political party chairperson. The municipality should, however, review its local code of ethics to determine whether there are any applicable standards.

September 16, 1996

Arthur I. Seld, Esq.
Town Attorney
Town of Mentz
P. O. Box 354
Seneca Falls, NY 13148-0354

Informal Opinion No. 96-27

Dear Mr. Seld:

You have asked whether a conflict of interests would result were a town political party chairperson to serve as the single appointed assessor of the town.

The position of political party chairperson is not a State or local public office, but is separately characterized as a party office under the Election Law. Election Law § 1-104(5); Matter of Sulli v Bd. of Supervisors of the County of Monroe, 24 Misc 2d 310 (Sup Ct Monroe Co 1960); see also, Cunningham v Bronx Co. Democratic Executive Committee, 420 F Supp 1004, 1006 (USDC SDNY 1976), affd, 431 US 801 (1977). Therefore, the doctrine of compatibility of office, which applies to public offices and positions of employment, would not apply to a party office. Matter of Sulli, supra; 1981 Op Atty Gen (Inf) 111; 1978 Op Atty Gen (Inf) 91. We are not aware of any statutory provision that prohibits the holding of these two positions. See, Real Property Tax Law §§ 310, et seq., establishing the qualifications of assessors.

Public officials should not, however, accept positions or become involved in outside activities which conflict with their official duties. Every local government is required to promulgate a code of ethics providing standards for officers and employees with respect to disclosure of interest in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment and such other standards relating to the conduct of officers and employees as may be deemed advisable. Such codes may regulate or prescribe [sic] conduct which is not expressly prohibited by this article but may not authorize conduct otherwise prohibited. Such codes may provide for the prohibition of conduct or disclosure of information and the classification of employees or officers.

General Municipal Law § 806(1)(a). Therefore, you should review your code of ethics to determine whether there are applicable standards. If found appropriate, the town board can amend the code to add standards. Further, you may request an opinion of the town board of ethics, or if not established, the county board of ethics construing your local code of ethics concerning the question raised. Matter of Sulli, supra, 34 Misc 2d at 314.

We conclude that there is no incompatibility or statute prohibiting a town assessor from also serving as a local political party chairperson. The municipality should, however, review its local code of ethics to determine whether there are any applicable standards and may, if found to be appropriate, amend the code to add standards.

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