Impropriety Alleged in Belleayre Cop Comps

For years, neighboring Catskill resorts have argued that state-owned Belleayre Ski Center in Highmount, NY has been undercutting them by giving away an overabundance of free or discount lift tickets while taxpayers picked up the tab for the resort's operating losses. Now new information about the intricacies of that program have come to light and one Catskill newspaper is crying foul.

According to an article published in the Watershed Post, a "whistleblower" has come forward and shed new light on the matter by releasing copies of logs showing that Belleayre offered complimentary lift tickets to numerous law enforcement officers over the last few winters. Citing memos and letters of thanks written by law enforcement agencies to the resort the author alleges that, "Belleayre management routinely allowed and encouraged local, state and New York City Department of Environmental Protection police officers to ski for free."

Adopting a "where there's smoke, there must be fire" approach to investigative journalism, the Post insinuates that these complimentary lift tickets were impermissible. The Post paraphrases New York law by stating that, "[u]nder state ethics law, a state employee is not permitted to accept gifts 'under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties.'" This is incorrect.

The Post conveniently neglects to include an important qualification to that restriction, that the gift must exceed $75 in value. NYS Public Officers Law §73(5) provides that no:

"state officer... shall...receive any gift having a value of seventy-five dollars...under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties." (emphasis supplied) 

Belleayre's most expensive one-day lift ticket for 2012 was only $57. Therefore, as a matter of law, even if the lift tickets were deemed gifts and even if they were intended to influence the officer, they were not illegal.

Resorts routinely provide discount or complimentary lift tickets to any number of persons. Whether those comps are a smart business is a decision for the resort. However, the insinuation that it is somehow illegal, unethical, or impermissible is a step too far, particularly as applied to the law enforcement officers. If anyone deserves a discounted or free lift pass, my personal opinion is that our cops, soldiers, and others who risk their lives to keep us safe are as deserving as any.

Reasonable minds can disagree as to whether taxpayers should subsidize a public ski area, arguably to the detriment of private competitors. What is not debatable is that this latest round of accusations is long on innuendo and short on legal support.

********************************* 

Additional Stories on Ski, Esq.