April 22, 2013
This responds to your inquiry (12-159) asking whether you may accept a position on the board of directors of an organization which raises and administers funds for college scholarships for graduating seniors of a local high school. The organization participates in various fund-raising activities.
You may participate in an organization which raises and administers funds for students as long as you limit your activity, as indicated in your inquiry, to attending board meetings, reviewing applications and participating in the administration of funds. As you also indicate, you may not directly participate in any fund-raising activities (see 22 NYCRR 100.4[C][b][i]).
Enclosed, for your convenience, is Opinion 08-193 which is on point.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dep’t (Ret.)