Whether or not Legislator Roger Corbin (D-Westbury) would have a conflict of interest in voting on key legislation relating to the Nassau Off Track Betting Corp. (OTB) was the subject of the second County Ethics Board hearing held Feb. 18.

The board's decision could prevent Corbin, who is branch manager of the New York City OTB, from voting on a proposal which would allow Democrats to take over the Nassau OTB board.

Legislative Minority Leader Peter Schmitt (R-Massapequa) said he believes Corbin would have a conflict because he is a member of a union which also represents the Nassau OTB. Additionally, Schmitt said that the Nassau OTB is in direct competition with the NYC OTB, which could cause Corbin to divide his loyalties between his two employers, NYC OTB and the County of Nassau. "We are constrained as elected officials under the ethics law to avoid actual conflicts of interest, as well as the appearance of conflicts of interest," he told The Westbury Times.

Sharon Commissiong, the attorney representing Corbin at the hearing, said that Schmitt's claims were unfounded. "The NOTB and the NYC OTB are totally separate corporations," she explained. "They each have their own boards of governors. Legislator Corbin is not on either board of directors, he is not up for being appointed to either board of directors, so he is not in a policy-or decision-making capacity for either one."

In a letter submitted to the chairman of the board of ethics, Minority Counsel Edward A. Ambrosino disagreed with Commissiong. He cited a civil service job specification for branch office manager of OTB dated November 1991. "A branch manager shall have latitude for independent judgment or decision and shall assume full managerial responsibility for all that goes on in the branch, including the work of all other personnel assigned to the branch and shall recommend policy and procedure changes which will improve branch efficiency."

Schmitt's position regarding Corbin's alleged conflict of interest due to his membership of the Teamsters Local 858 was also detailed in the letter. "Employee contract issues between NYC OTB and NOTB are similar in nature. Because both NYC OTB and NOTB employees are represented by the same union, the decisions reached during collective bargaining by NYC OTB influence decisions reached by NOTB.

"For example, Local 858 officials were able to negotiate health benefits for part-time retired employees of NYC OTB. The same Local 858 officials are now attempting to negotiate this benefit for NOTB employees. This was not acceptable to NOTB. As a result, NOTB's labor negotiations are at an impasse as set forth in the annexed letter signed by Barbara Reda, president of Local 858 for both NYC OTB and NOTB employees.

"County Legislator Roger Corbin, as a member of Local 858, has a direct interest in the contracts negotiated on behalf of his union. He could potentially influence an NOTB Board member whom he appointed in his capacity as county legislator."

Ambrosino's letter also explained in greater depth how being a member of a competing branch of OTB could potentially divide Corbin's loyalties. "Pursuant to New York State Law, NOTB shares revenue with the County of Nassau. As a county legislator, Corbin would want to maximize revenue to the County."

Schmitt suggested another alternative. "I don't know if Mr. Corbin's parlor is profitable or not. If it is not, and they shut it down, he doesn't have a job. It is conceivable that it could be in his interest to louse up the operation of Nassau Downs and Nassau OTB so that NYC OTB can prosper. Clearly, the interests of Nassau County, NOTB, and NYC OTB are at odds."

Corbin could not be reached for comment.

As of presstime for this newspaper, Monday, Feb. 21, no word was received regarding the Nassau Board of Ethics' decision.