What political activity can a New York city police officer take part in: running for office, joining party caucuses, donating to campaigns?

Plain-English summary

The City of Oswego (a "second class city" under State classification) asked the AG four interlocking questions about what political activity its police officers are allowed to engage in. The answers, in order:

Yes, an Oswego police officer can run for and serve as a county legislator. The Election Law restrictions on police officers (§ 17-110) bar specific abuses of office (using police powers for political ends, soliciting or collecting political money) but do not bar candidacy or service. The State Board of Elections and the Fourth Department confirmed this in Jones v Seneca Board of Elections. County Law § 411 imposes its own bar on certain elective county officers holding other elective county or town offices, but that bar does not reach the police-officer combination. Common-law compatibility doctrine from People ex rel. Ryan v Green allows the combination: separate municipalities (city and county), no subordination, no inherent inconsistency.

Yes, that police officer / county legislator can participate in his county legislative caucus. Public Officers Law § 108(2)(b) defines political caucus as a private meeting of legislative-body members of the same political party. If you're a county legislator and a party member, you're automatically eligible to attend the caucus. Election Law § 17-110 is not implicated.

The donation question splits: yes to making donations, no to receiving them. Election Law § 17-110(3) makes it a misdemeanor for any police officer to solicit, collect, or receive political contributions. But the statute does not prohibit a police officer from making contributions. The State Board of Elections' 1983 Formal Opinion No. 5 confirmed this asymmetry.

Yes, the officer can attend county committee meetings of a political party. Before 1983, § 17-110(3) flatly prohibited police-officer party-committee membership. The 1983 amendment deleted that prohibition. So attendance and membership are now allowed, subject to the still-in-force restrictions on misuse of police power and on receiving money.

The opinion adds a key caveat at the end: it addresses only State law. Local laws, codes of ethics, and collective bargaining agreements may impose additional restrictions. Second Class Cities Law § 144 has a sharp consequence: an Oswego police officer who violates § 17-110 in any respect must be dismissed from office.

Currency note

This opinion was issued in 1999. 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

What does Election Law § 17-110 actually forbid?

Three specific things: (1) using official police powers to aid, reward, or punish a political organization, citizen, or officer or member of a police force because of political views or affiliation; (2) soliciting, collecting, or receiving political money; (3) (pre-1983) being a member of a political committee, but this prohibition was repealed.

Why the special Oswego-only consequence?

Because Oswego is a "Second Class City" and Second Class Cities Law § 144 attaches automatic dismissal as a consequence for any § 17-110 violation by a police officer. Cities of other classes (First Class like NYC, Third Class villages-turned-cities) operate under different statutes that may handle violations differently.

Can the officer collect campaign donations for his own race?

No. Election Law § 17-110 makes no exception for the officer's own campaign. He cannot personally solicit, collect, or receive political money, even for himself. His campaign committee or treasurer (a separate person) can handle the donations.

What about handing out flyers, attending fundraisers, putting up signs?

The opinion doesn't address these activities specifically. The general rule appears to be: if it doesn't involve using official police powers and doesn't involve money handling, it's permitted under § 17-110. Local department rules may impose additional restrictions.

Does the compatibility analysis allow this combination in every county?

Yes. The 1999 opinion's structural analysis (city police officer vs. county legislator are in separate units of government with no subordination or duty overlap) is generally portable across New York counties. Sheriff's deputies and county legislators would be a different analysis because they're both county roles.

Background and statutory framework

Election Law § 17-110 has a long history of restricting police officers' political activities, designed originally to prevent police forces from being weaponized for political purposes. The statute has been progressively narrowed; the 1983 amendments deleted the political-committee-membership ban.

Second Class Cities Law § 144 attaches automatic dismissal for police officers who violate § 17-110. The statute applies to second class cities under the State's pre-Home Rule classification system. Oswego, Albany, Syracuse, Yonkers, and others have second-class city status with various provisions of the Second Class Cities Law still applicable.

County Law § 411 is the dual-office bar for elected county officers. It prohibits certain combinations (judge / surrogate / district attorney / sheriff / county clerk / any elective county officer) from holding another elective county or town office or city supervisor.

Public Officers Law § 108 defines "political caucus" for purposes of the Open Meetings Law. The definition makes caucuses private (not subject to open-meeting requirements). Caucus participation is therefore not regulated by transparency laws.

Citations

• County Law § 411 (restrictions on dual office holding for certain elective county officers).
• Election Law § 17-110 (police officer political activity restrictions; subdivisions 1, 2, 3).
• Public Officers Law § 108 (definition of political caucus; § 108(2)(b)).
• Second Class Cities Law § 144 (automatic dismissal for § 17-110 violation by police officer).
• People ex rel. Ryan v Green, 58 NY 295 (1874) (compatibility leading case).
• Jones v Seneca Bd. of Elections, 83 AD2d 982 (4th Dept 1981) (§ 17-110 does not bar police officer candidacy).
• NY State Bd. of Elections, 1983 Formal Opinion No. 5 (police officer may make political contributions but not solicit/collect/receive).
• NY State Bd. of Elections, 1983 Formal Opinion No. 8 (§ 17-110 does not preclude candidacy).
• NY State Bd. of Elections, 1983 Formal Opinion No. 9 (deletion of political-committee membership prohibition).
• Op Atty Gen (Inf) No. 98-38 (county elected office not barred by § 411 to city police officer).
• Op Atty Gen (Inf) No. 94-18 (village trustee / town police officer compatible).
• Op Atty Gen (Inf) No. 90-7 (town board / village police chief incompatible; distinguished).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_99-35_pw.pdf

Original opinion text

Opn. No. 99-35
COUNTY LAW § 411; ELECTION LAW § 17-110; PUBLIC OFFICERS LAW, ART 7, § 108;
SECOND CLASS CITIES § 144.
The positions of county legislator and policeman of a city located within the county are compatible. A
policeman may be a member of a county legislative caucus or a county political committee. A
policeman may make political donations, but may not solicit, collect or receive political donations.
October 25, 1999
P. Michael Shanley, Esq.
City Attorney
City of Oswego
Oswego City Hall
13 West Oneida Street
Oswego, New York 13126

Informal Opinion
No. 99-35

Dear Mr. Shanley:
You have inquired whether a police officer covered under Second Class Cities Law § 144 and
New York State Election Law § 17-110 is permitted to:

1. Run for and hold the office of County Legislator;
2. Be a member of a political caucus as defined by Public Officers Law § 108;
3. Contribute money directly to a political party or accept contributions for a campaign; and
4. Attend the County Committee meetings of a political party.

The Election Law places certain limitations on the political activities of police officers.
Subdivisions 1 and 2 of section 17-110 provide that it is a misdemeanor for "any officer or member of
any police force" to use official powers to aid, reward or punish a political organization, citizen or
officer or member of a police force because of political views or affiliation. Subdivision 3 provides that
"any officer or member of any police force" who "[s]olicits, collects or receives any money for, any
political fund, club, association, society or committee, is guilty of a misdemeanor." Further, Second
Class Cities Law § 144 states that "any officer or member of the police department who violates any
provision of section 17-110 of the election law shall be dismissed from office."
Election Law § 17-110 does not preclude the candidacy and election of a police officer to a public
office. See, NY State Bd. Of Elections, 1983 Formal Opinion No. 8; Jones v Seneca Bd. Of Elections,
83 AD2d 982 (4th Dept 1981). The question remains whether the positions of city police officer and
county legislator are incompatible under other statutory provisions or common law. We conclude the
positions are compatible.
First, we have found no statute prohibiting the concurrent holding of these two offices. Section
411 of the County Law imposes some restrictions on dual office holding by elected county officers but
does not bar county officers from holding the position of city police officer. It provides that:
No county judge, family court judge, surrogate, district attorney, sheriff, county clerk or any
elective county officer shall be eligible to hold at the same time another elective county or
town office, or that of city supervisor.
Thus, the State Legislature has not prohibited an individual from simultaneously holding an elective
county office and the position of city police officer. See, Op Atty Gen (Inf) No. 98-38.
Second, the two offices are not incompatible under common law principles. The leading case on
compatibility of office is People ex rel. Ryan v Green, 58 NY 295 (1874). In that case the Court of
Appeals held that two offices are incompatible if one is subordinate to the other or if there is an inherent
inconsistency between the two offices. Neither of these barriers exists here. County legislators comprise
the legislative body of the county. City police officers are responsible for law enforcement within the
city. One position is, therefore, not subordinate to the other. There also is no foreseeable conflict
between the duties of the two positions. See, Op Atty Gen (Inf) No. 94-18 (positions of village trustee
and town police officer are compatible). Therefore, we conclude that the positions of county legislator
and city police officer are compatible.
We also conclude that a city police officer serving as a county legislator may participate in a
political caucus. You refer to the definition of political caucus set forth in the "Open Meetings Law."
Public Officers Law § 108(2)(b). Under that provision, a political caucus is
a private meeting of members of the senate or assembly of the state of New York, or of the
legislative body of a county, city, town or village, who are members or adherents of the
same political party, without regard to (i) the subject matter under discussion, including
discussions of public business, (ii) the majority or minority status of such political . . .
caucuses or (iii) whether such . . . caucuses invite staff or guests to participate in their
deliberations. . . .
If a member of the county legislature is a member of a political party, that person will, perforce,
be a member of a political caucus. Because a city police officer may serve as a county legislator, it
follows that he or she may be a member of a political caucus within the county legislature. Further,
participation of a city police officer in a political caucus does not violate section 17-110 of the Election
Law.
Furthermore, we conclude that police officers may make, but may not solicit, collect or receive
political contributions. Election Law § 17-110 makes it unlawful for police officers to solicit, collect or
receive any money for any political fund, club, association, society or committee. It does not prohibit
police officers from making political contributions. See, NY State Bd. Of Elections, 1983 Formal
Opinion No. 5.
Finally, we conclude that under State law a city police officer is not prohibited from attending
county committee meetings of any political party. Prior to 1983, section 17-110(3) prohibited police
officers from joining or being a member of any political committee. In 1983, this section was amended
specifically to delete that prohibition. See, NY State Bd. Of Elections, 1983 Formal Opinion No. 9.
Therefore, under State law a police officer is not prohibited from attending county committee meetings
of any particular political party, provided that he does not otherwise violate the terms of the Election
Law.
It should be noted that, while this opinion has reached certain conclusions under State law, it has
not considered the provisions of any local laws or codes of ethics, or any collective bargaining
agreements, which may apply.

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,
WILLIAM E. STORRS
Assistant Solicitor General