The Board of Ethics was asked to render an opinion on whether the Supervisor of the Town of Brookhaven Animal Shelter and Adoption Center could also hold the position of President of a not-for-profit animal rescue and adoption center located in the Town of Brookhaven.
The employee provided details of her business and her position therein. She stated that she takes no salary and receives no other compensation for her position in the not-for-profit corporation. Her minor daughter works at the rescue and receives a salary. The not-for-profit is funded by private donations and grant money, and receives no funding from the Town. She also stated that her hours working for the Town and working for the not-for-profit do not overlap. On occasion the not-for-profit has taken animals from the Town of Brookhaven Animal Shelter that have been deemed hard to adopt-out. The employee stated that she is aware of a situation with an employee, under similar factual circumstances, who was known to take more desirable animals from the Shelter, which she acknowledged could create a conflict of interest.
The Code of Ethics §28-5(A)(2) states:
2. General prohibition. A Town officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in a personal benefit, financial or otherwise, for any of the following persons:
(a) The Town officer or employee;
(b) His or her outside employer or business;
(c) A member of his or her household;
(d) A customer or client (current or within the past five years); or
(e) A family member.
Further, Section §28-5(A)(1) requires that Town employees treat all entities with which they have dealings “with equal consideration and without special advantage”.
The Code of Ethics §28-1(B) states that “[t]he proper administration of the government of the Town of Brookhaven requires its officers and employees, whether elected or appointed, paid or unpaid, including members of any administrative boards, commissions or other agencies, to be impartial and free from conflicts of interest, or even the appearance of conflicts…”
It is the Board’s opinion that the Town employee’s dual positions as Supervisor at the Town Animal Shelter and President of the not-for-profit animal rescue would not pose a conflict of interest, provided that the employee comply with Town Code §28-5(A)(4) and recuse herself from acting on any matter regarding the not-for-profit, and shall further comply with Town Code §§28-5(A)(5), (6) and (7), and designate staff to handle all matters that may involve the not-forprofit. If these safeguards are in place, potential conflicts of interest can be avoided.
The Board has come to this conclusion regarding the employee’s position in a not-forprofit
based upon the following facts:
1. The employee receives no compensation for her role as an executive of the not-forprofit corporation;
2. The employee receives no other monetary benefit from the not-for-profit corporation;
3. The employee and/or her family members are not unjustly enriched from her involvement in the not-for profit corporation.
Should there be a change in circumstances listed above, the employee must request a subsequent opinion from the Ethics Board.
