MINUTES OF THE MEETING OF THE BOARD of ETHICS

TOWN OF GREENBURGH

 

September 16, 2009

 

Greenburgh Town Hall

 

Members Present:        Mike Sigal, Jack McLaughlin, Walter Rivera, Eric A. Scott

 

Others Present:            David Fried; Glen Eisen; Ella Preiser; Hal Samis (and two other individuals)

 

The meeting was convened at 7:10 p.m. A quorum of the Board of Ethics was present.

Ms. Ella Preiser, Mr. Glen Eisen, and Mr. Hal Samis were present throughout the meeting and participated in the discussions.

 

The agenda was accepted with a revision in the order of business requested by Mr. Samis. 

 

David Fried reported that everyone has filed the annual financial disclosure statement except for six members of boards and commissions whose names had been posted on the Town web site. He stated that he will review the financial disclosure statements submitted by agency members and employees other than elected officials. It was agreed that David Fried will send the financial disclosure statements of the elected officials to Mike Sigal who will review them and report the results of his review to the Board of Ethics at its October meeting.

Mr. Sigal was asked to follow up with the supervisor concerning the assignment of a town employee to provide staff functions such as photocopying and distribution of documents for the Board of Ethics.

The minutes of the meeting of the Board of Ethics of July 29, 2009 were accepted without revision.

After discussion and public comments, the Board of Ethics adopted a draft opinion prepared by Mr. Scott concerning a verified complaint regarding political contributions to a Town official by an appointee to an independent contractor position. Mr. Scott will issue this opinion.

After discussion and public comments, the Board of Ethics adopted a Finding prepared by Mr. McLaughlin concerning a verified complaint regarding political contributions to the Town Supervisor by an appointee to the Library Board. Mr. McLaughlin will send this Finding to Mr. Feiner. At its previous meeting, the Board of Ethics determined that two contributions made by a Library Board Member to the Town Supervisor in response to mail solicitations appear to violate Section 570-4 A (1) (b). 

 

The Board of Ethics discussed a verified complaint filed by Ms Patricia Weems concerning the employment of an individual at the TDY Community Center. It was agreed that Mr. McLaughlin will ask Ms. Weems to identify to the Board of Ethics by its October meeting, the specific section or sections of the Code of Ethics which she believes may have been violated. Mr. Scott recused himself from this matter.

 

The Board of Ethics agreed to discuss the document production and answers provided to the Verified Complaint involving the solicitation of refreshments at community meetings on the comprehensive plan at its next meeting. In particular, it was noted that Councilman Sheehan and Thomas Madden supplied e-mails and notices to the Board of Ethics pursuant to its request under Section 12 of the Code of Ethics, each with a letter from Town Attorney Tim Lewis advising the Board of Ethics that he was counsel to the officials complained against. The Board of Ethics agreed to have Mike Sigal and Walter Rivera contact the Town’s Building Department and any other department of the Town that has any applications from Westchester BMW or Ray Catena Lexus on file and one or more officials of these two companies prior to the next meeting as part of its ongoing investigation of the Verified Complaint involving the solicitation of refreshments at community meetings on the comprehensive plan.  

 

At the request of Tim Lewis, Esq. who is the Town Attorney, the Board of Ethics went into Executive Session to discuss a personnel issue relating to a particular member of the Town staff who is not the subject of any complaint and also to discuss a matter of a public officer which is the subject of a complaint.  No decisions were made in Executive Session except to allow Councilman Sheehan three additional weeks to reply to the complaint filed against him due to extenuating circumstances discussed during the Executive Session. Mr. McLaughlin attended the discussion of the personnel issue but, being recused, was not present for the discussion concerning the complaint filed against a public officer. During the Executive Session, the Town Attorney wished to raise one issue which the Board of Ethics felt was not a proper subject for Executive Session and should be discussed in public. The issue concerns an application to be made by the Town Attorney seeking the recusal of a member of the Board of Ethics from hearing a complaint filed against a Town official.  

 

The Board of Ethics discussed proposed statutory refinements to the Town of Greenburgh Code of Ethics. After public discussion and some changes in the draft proposal, the Board of Ethics adopted recommended changes to send to the Town Board for its consideration.

 

 

The date of the next meeting of the Board of Ethics is Tuesday October 27, 2009 at 7:00 p.m. at Town Hall.

 

The meeting was adjourned at approximately 12:20 a.m.

 

Submitted By:             Walter Rivera, Secretary