October 24, 2011
This responds to your inquiry (11-102) asking whether, if elected to the position of part-time town justice, you may continue to work during the winter months as a safety/security manager at a ski resort. You indicate that your duties in this capacity are largely administrative, and you do not perform any police or prosecutorial functions.
Since you would not be holding any statutory peace or police officer status or fulfilling any law enforcement function, it is the Committee’s view that the position of safety/security manager at a ski resort is not incompatible with the position of part-time town justice. Therefore, the Committee sees no ethical impediment to your service as a part-time town justice.
Enclosed, for your convenience, is Opinion 05-73 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc.
Justice, Appellate Division,
First Dept. (Ret.)