The ULSTER COUNTY BOARD OF ETHICS, Petitioner, - against - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER Joseph Maloney, Respondent, For a complaint alleging violation of §44-4 of the Ulster County Ethics and Disclosure Law PROCEDURAL HISTORY The within proceeding was commenced against Respondent, Joseph Maloney, for alleged violations of the Ulster County Ethics and Disclosure Law by petition dated October 1, 2018. Respondent was charged with the following violations: A, Voting on the new CSEA contract in the Ways and Means Committee on March 13, 2018, when the matter dealt with the terms and conditions of the employment of his wife, who is an auditor in the Ulster County Comptroller's Office and was covered by the CSEA contract. B. Voting on the floor of the Ulster County Legislature on March 20, 2018, to approve the CSEA contract ¢. Attending and participating in a meeting of the Law and Rules Committee, where he is not a member, on March 19, 2018 and arguing for funding to be restored for the position of Confidential secretary in the Office of the Comptroller, where his wife is employed. D. Introducing legislation on June 19, 2018 (Resolution 257), to amend the process by which members of the Ulster County Ethics Board are appointed by adding the County Comptroller to the list of officers who can appoint members to the County Ethics Board. E. Arguing in a meeting of the Ulster County Ways and means committee that the County Comptroller’s Office should not participate in an audit involving health services at the Ulster County Law Enforcement Center.Issue was joined by the service of an answer denying the allegations of the petition on November 2, 2018. A hearing was conducted before the Ulster County Board of Ethics on November 5, 2018. Decision was reserved after the hearing. Counsel for the Board and for the Respondent both submitted legal briefs for consideration by the Board. FINDINGS OF FACT CHARGES A AND B On December 7, 2017, Respondent requested an advisory opinion from the Ulster County Board of Ethics “as to those County matters, if any, from which I should recuse myself based upon my spouse being employed by the Ulster County Comptroller's Office.” (Petitioner’s Exhibit 1 in evidence). On December 22, 2017, the Ulster County Board of Ethics issued an advisory opinion to the Respondent stating After discussion of the issues in the context of Section 44-4 of the Ulster County Ethics and Disclosure Law, Standards of Conduct, it was our determination that your position as an Ulster County legislator and your wife's employment with the Ulster County Comptroller’s Office could give the reasonable appearance of a conflict of interest or impropriety. Under Subsection B of Section 44-4, it mandates that a ‘County Officer or employee promptly recuse himself from acting on a matter before the County when acting on the matter, or failing to act on the matter, may benefit the persons listed above, financially or otherwise, or give the reasonable appearance of a conflict of interest or impropriety.’ Therefore, the Board of Bthics recommends that under your role as a legislator, you recuse yourself from any discussions and voting on any related matters pertaining to the Ulster County Comptroller’s Office, including those that concern funding” (Petitioner's Exhibit 2 in evidence) Thereafter, Respondent ignored the Board's advisory opinion and voted in both the Ways and Means Committee Meeting on Marc! 13, 2018 (Petitioner's Exhibit 3 in evidence) and the Ulster County Legislature meeting on March 20, 2018 (Petitioner’s Exhibit 4 in evidence) to approve the CSEA contract. Significantly, Mr. Maloney’s wife is an employee working in theUlster County Comptroller's Office and is covered by the CSEA contract upon which Respondent voted to approve Respondent was aware or certainly should have been aware of the need to recuse himself from voting on the CSEA contract, but nonetheless proceeded to vote on two occasions CONCLUSIONS OF LAW CHARGES A AND B Section 44-4 of the Ulster County Ethics and Disclosure Law, Standard of Conduct, provides: Section A - General Prohibition: A County officer or employee shall not use his/her official position or office to take or fail to take any action in a matter which he/she knows or has reason to know may provide a personal financial benefit or secure unwarranted privileges or exemptions for any of the following persons: (1) county officer or employee; (2) his/her outside employer, employee or business; (3) relative or immediate family membe! (4) ‘customer or client; or (5) campaign contributors Section B - Recusal: A County officer or employee shall promptly recuse himself/herself from acting on a matter before the County when acting on the matter, or failing to act on the matter, may benefit the persons listed above, financially or otherwise, or give the reasonable appearance of a conflict of interest or impropriety. Whenever a County officer or employee is required to recuse himself/herself, he/she must refrain from further participation in the matter (as officer or employee, but not as a private citizen) Here, Respondent took action in a matter - voting on the CSEA contract - knowing that the contract would provide a personal or financial benefit to an immediate family member, namely his wife. Such action constituted a violation of Section 44-4(A) of the Ulster County Ethics and Disclosure Law. Respondent also failed to recuse himself from acting on the matter of the CSEA contract when doing so was a conflict of interest. The conflict in voting on the contract covering his wife was not only an actual conflict, but also gave the appearance of impropriety. A legislator voting on a contract for his spouse undermines public confidence in governmental integrity and creates suspicion of financial influence. This goes to the very purpose of the Ethics Law, as set forth in the preamble. As such, Respondent was duty bound to recuse himself, but failed to do so. See Matter of Zageros v. Conklin, 109 A.D.2d 281 (2a Dep't 1985) (holding that it is not necessary that a specific provision