Greenburgh Board of Ethics September 16, 2009

 

 

MINUTES OF THE MEETING OF THE BOARD of ETHICS

TOWN OF GREENBURGH

 

October 27, 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

 

The meeting was convened at 7:05 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. Fried. 

 

The minutes of the meeting of the Board of Ethics of September 16, 2009 were accepted without revision.

 

David Fried reported that everyone has filed the annual financial disclosure statement except for four members of boards whose names had been posted on the Town Web site as required by the Code of Ethics. He reported that there were no issues with the financial disclosure statements submitted by agency members and employees other than elected officials. Mike Sigal and Jack McLaughlin reviewed the financial disclosure statements of the elected officials and reported that there were no issues. Mr. Fried left the meeting after the report on the annual financial disclosure statements.   

Mr. Sigal reported on the Board of Ethics new proposal to allow Public Comments for up to 30 minutes to commence at approximately 9:00 p.m. The Board of Ethics will make tentative decisions throughout the meeting until the public has been heard during the Public Comments portion of the Agenda. The Board of Ethics tentatively agreed to retain the right to solicit public comments at any other time if it determines that such comments will be useful if heard out of order. It was further tentatively agreed that any request for an Executive Session by someone who is not a member of the Board of Ethics must be made within 72 hours of the meeting of the Board of Ethics at which such Executive Session is being requested.

The Board of Ethics considered the application for Volunteer Counsel filed by a member of the public who is not yet admitted to the Bar. It was tentatively determined that the Board of Ethics will notify the Town Supervisor that the candidate lacks the requisite experience and skill sets for the position of Volunteer Counsel to the Board of Ethics.

It was agreed that the meeting requested by the Town Supervisor to discuss the proposed Statutory Revisions that have been submitted to the Town Board and Town Supervisor as well as the threat levied against a member of the Board of Ethics by the Town Attorney should begin no earlier than 7:00 p.m., as 2 members of the Board of Ethics commute to and from work in New York City. The additional agenda items for said meeting include the appointments of a new Board Member, Volunteer Counsel and a staff liaison to the Board of Ethics. To date, the Town Board has not addressed with the Board of Ethics any of the issues related to the proposed Statutory Revisions of the Code of Ethics.  

Mr. Rivera reported on the investigation conducted by Mr. Sigal and himself at the Town’s Building Department on October 2, 2009 concerning the applications from Westchester BMW and/or Ray Catena Lexus on file as part of the Board of Ethics’ ongoing investigation of the Verified Complaint involving the solicitation of refreshments at community meetings on the comprehensive plan. It was reported that an open permit application involving Westchester BMW was officially closed after the 2 Board of Ethics members present at the meeting at the Town’s Building Department on October 2, 2009 brought it to the attention of the Town’s Building Department. Mr. Sigal reported on the tax certiorari petitions filed by Westchester BMW with the Supreme Court, Westchester County, and the related tax grievance petitions files with the Town’s Board of Assessment Review, with respect to its real property assessment on the Town’s tax rolls for assessment years 2006, 2007, 2008 and 2009.  

 

The Board of Ethics deliberated the repercussions of then apparent failure by Councilman Sheehan and Commissioner Madden to reply to the outstanding requests for information and documents initially made by the Board of Ethics on August 24, 2009. Jack McLaughlin recused himself from the deliberations.

 

Unknown to the Board of Ethics during these deliberations, both Councilman Sheehan and Commissioner Madden had in fact filed their responses with the Town Clerk on October 20, 2009.  This fact was made known to the Board of Ethics when Judith Beville, the Town Clerk, informally advised Mike Sigal towards the end of the meeting that documents had been filed with her office. Mr. Sigal then requested that Ms. Beville obtain the documents and provide them to the Board of Ethics at the meeting. Ms. Belville was unable to do so because the documents were locked in a cabinet. Ms. Belville advised the Board of Ethics that the primary function of the Town Clerk with respect to the Board of Ethics is to maintain a file of documents copied to her office and that her office is not the administrative arm of the Board of Ethics. In her view, the administrative arm to the Board of Ethics is the Town’s Legal Department. She further noted that the Town Clerk will not automatically notify the Board of Ethics of the filing of documents with said office. In this respect, she was instructed by Councilman Sheehan and Commissioner Madden to file and hold the subject documents for the Board of Ethics until Mike Sigal asked for them. Finally, she advised the Board of Ethics that the documents would be made available the next morning. It was tentatively decided to add to the agenda for the requested meeting with the Town Board the issue of whether the Town Clerk’s Office has or should have any obligation to notify the Board of Ethics when documents are filed for it in the Town Clerk’s Office.

 

The Board of Ethics tentatively agreed to defer the decision as to whether it will proceed with a Phase 2 investigation until the November, 2009 meeting depending on the content of the documents and may also decide to conduct interviews of representatives from Westchester BMW.   

 

Mr. Mclaughlin noted that the Board of Ethics transmitted its finding to the Town Supervisor that a Phase 2 investigation is warranted concerning a verified complaint regarding political contributions to the Town Supervisor by an appointee to the Library Board along with an invitation to appear at its October, 2009 meeting. The Town Supervisor responded and requested to be present at the November, 2009 meeting. Mr. Saez was copied on the transmittal to the Town Supervisor and responded with 3 e-mails. The complainant Hal Samis was allowed to review and comment on the substance of the 3 e-mails furnished by Mr. Saez. Mr. Samis acknowledged the communications he had with Mr. Saez but he lacked a specific recollection. Mr. Samis noted that his complaint was not meant as an attack on Mr. Saez.

 

After further deliberations, the Board of Ethics tentatively agreed to make a further request to the Town Supervisor asking him to furnish the form of his solicitation letter(s) and whether or not they contain return envelopes, verification as to whether Mr. Saez was on the solicitation list, and requesting that he appear at the November, 2009 meeting and to advise if he desires that a stenographer be present.  

 

Based on its discussion at the September, 2009 meeting, the Board of Ethics tentatively determined that a verified complaint filed by Ms Patricia Weems concerning the employment of an individual at the TDY Community Center will be dismissed unless Ms. Weems shows by the November meeting why a dismissal of her complaint is inappropriate. By e-mail dated October 17, 2009 Ms. Weems failed to identify to the Board of Ethics the specific section or sections of the Code of Ethics which she believes may have been violated, as had been previously requested by the Board of Ethics. Accordingly, the Board of Ethics tentatively determined that there was no Good Cause to Proceed under Rule 6 (a) (2) of its Internal Rules and Regulations unless Ms. Weems can show a reasonable basis by the November meeting as to why her complaint should not be dismissed. Mr. Scott recused himself from this matter.

 

The Board of Ethics heard public comments from Hal Samis who spoke for approximately 20 minutes of the allotted time by agreement with Ella Preiser, who spoke for approximately 5 minutes.  

 

After hearing comments from the public and discussion amongst itself, the Board of Ethics determined to finalize its tentative decisions, except that it determined to clarify in the agenda the circumstances where public comment would be sought as agenda items were initially discussed.  

 

The date of the next meeting of the Board of Ethics is Tuesday November 17, 2009 at 7:00 p.m. at Town Hall. At the request of the Town Supervisor, the meeting was changed to November 24, 2009 at 7:00 p.m. at Town Hall. 

 

 

The meeting was adjourned at approximately 10:05 p.m.

 

Submitted By:               Walter Rivera, Secretary