Town of Greenburgh - Meeting Schedules

Walter Rivera reported on an incident that occurred after the April 7, 2010 meeting involving a public attendee, Hal Samis. Mr. Rivera read a statement about the incident describing that he was approached by Mr. Samis in a confrontational manner as he was exiting Town Hall with Glenn Eisen. Walter was alarmed and uncomfortable with Mr. Samis’ behavior and requested that Mr. Samis not make unwanted advances to any Board of Ethics members. A copy of Mr. Rivera’s statement is appended to these Minutes. Mr. Sigal read a statement reinforcing that each member of the Board of Ethics had the discretion to have, or not to have, discussions outside of Board meetings.

Mike Sigal then reiterated that excessive repetition or personal attacks at meetings of the Board of Ethics are not being permitted under its rules. The Board of Ethics discussed, and determined, that repeat violators may be prohibited from speaking at future meetings for a time period to be determined should the situation arise. A copy of Mr. Sigal’s statement is attached to these Minutes.

The Board of Ethics discussed the possibility of televising meetings in the government channel. It was recalled that the issue was raised in 2007 and the Board of Ethics was advised at that time that it was not possible to televise meetings of the Board of Ethics. Mr. Rivera stated that televising the meetings might give the community a greater appreciation of the activities of the Board of Ethics. Mr. Scott stated that public access would be a good thing. It was noted that in order to televise there might have to be a fixed meeting schedule and a technician might need to be paid. It was agreed that another inquiry would be made as to whether televising the meetings is possible, and if televising were potentially possible then the matter would be discussed again by the Board of Ethics at a future meeting.

The Board of Ethics discussed a request from the Town Supervisor as to whether restaurants can donate food for a veteran’s appreciation observance. The Board of Ethics advised in writing that the matter was covered by its Report on Gifts to the Town adopted at its July 2009 meeting. The Board advised that, in general, that gifts can be accepted by the Town Board at a noticed open Town Board meeting, but that special attention should be given to proposed gifts from those involved in litigation with the Town, lobbyists or those applying for a material permit or license from the Town. A copy of the reply by Board of Ethics is appended to these Minutes.

Mr. McLaughlin reported on the status of the proposed changes to the Code of Ethics transmitted to the Town Board in September 2009. No member of the Board of Ethics was aware of any developments thereon. It was noted that the Supervisor advised that the Town Board intends to consider other amendments to the Code of Ethics in the near future, and Mr. McLaughlin and Mr. Sigal were authorized to meet with the Town Board or any Town Board member on a non-binding basis regarding any proposed amendments they may propose to the Code of Ethics.

The Board of Ethics discussed the Corrective Action Plan required by the NYS Comptroller following its recent audit of the Town of Greenburgh’s Code of Ethics. The NYS Comptroller’s Examination Letter requires responses in the areas of: (i) recusal; (ii) hiring and supervision of relatives; (iii) training and distribution of the Code of Ethics; and (iv) annual financial disclosure statements. Walter Rivera stated that there is a deadline of 90 days from March 18, 2010 to respond to the NYS Comptroller on these issues. The Board of Ethics discussed a draft letter to the Town Board giving recommendations on these issues, and authorized sending such a letter. Mr. McLaughlin will head a subcommittee to work with the Town Board on this if they should wish further input from the Board of Ethics.

Mr. McLaughlin reported that Supervisor Feiner has requested a 60-day extension of time to address the recommendation in Opinion 2010-3 regarding purging his mailing lists for solicitations of the names of agency members. The request for an extension is due to his father’s illness. The Board of Ethics agreed to give Mr. Feiner until June 29, 2010 to respond so long as in the interim he refrains from using mailing lists for solicitations which contain names of agency members.

Gary Sastow explained the need for a new Annual Disclosure Form that is clearer and easier to read than the existing form, that complies with the NYS General Municipal Law, and that is synchronized with the Town’s current Code of Ethics.

At approximately 8:00 p.m. Town Clerk Judith Beville arrived regarding a verified complaint which had been filed relating to the Grant to, and related Lawsuit by, the Valhalla School District, of which she is a school board member, against the Town. Mike Sigal explained the procedure to be followed. Board of Ethics counsel, Mr. Malara, would ask her questions based upon the written answers she previously submitted to the Board of Ethics. If Ms. Beville chose to make a statement, the complainant, Mr. Samis, would also have the opportunity to make a statement. Mr. Sigal explained that the Board of Ethics had voted to proceed with a Phase 1 Investigation of the subject complaint at its meeting held on April 7, 2010. (Mr. Scott, who had previously recused himself from this investigation due to the fact that he sits on a Valhalla School District committee which might have an interest in the funds which are the subject of the Grant and Lawsuit, left the meeting when the discussion of this matter commenced.)

On April 21, 2010 questions were submitted to Ms. Beville, which she responded to in a timely manner on May 14, 2010. At the meeting, Ms. Beville inquired as to the nature of the charges filed against her by Mr. Samis and why the Board of Ethics had decided to proceed further. Mr. Sigal clarified that a Phase 1 Investigation was an initial investigatory stage, and is not a finding of wrongdoing, and at the end of Phase 1 investigation the complaint would be dismissed or proceed to a more formal Phase 2 investigation where examination and cross-examination would be under oath.

Ms. Beville stated that she recused herself from anything having to do with the Grant and any potential Lawsuit filed by the Valhalla School District against the Town of Greenburgh at the inception of her campaign to become Town Clerk. She also stated that she did not sit on the school board at the time that the Grant issue arose. Ms. Beville stated that the procedure followed by her Office of Town Clerk, if they are served with legal papers, is to stamp filed legal documents and forward them to the Town Attorney.

In response to the current verified complaint filed earlier this year, she announced the Lawsuit filed by the Valhalla School District against the Town of Greenburgh at the Town Board’s meeting on May 11, 2010. However, she does not interpret the Code of Ethics as requiring such an announcement by the Town Clerk. She stated that she has no personal interest in the Lawsuit and that there is no precedent for the Town Clerk announcing a lawsuit at a meeting of the Town Board. Ms. Beville noted that she consulted with an attorney in response to the complaint filed against her by Mr. Samis.

Mr. Samis was then given the opportunity to make a statement. He stated that Ms. Beville controls access to the Town’s records and that as a member of the Valhalla School District’s board she has an interest in the Lawsuit. He also asserted that she had an interest in not disclosing the Lawsuit because she was running for re-election as Town Clerk. He stated that she should have told the Town of Greenburgh that the school board was going to proceed with a lawsuit. He maintained that Ms. Beville had an obligation to advise the Town of Greenburgh what the school board was planning and that her interest under the Code of Ethics is the pecuniary gain to the Valhalla School District. He did acknowledge that she had no personal interest in the subject Lawsuit.

Ms. Beville again stated that she had no involvement in the matter since she had recused herself. She also stated that the Notice of Claim filed by the Valhalla School District before Ms. Beville became Town Clerk provided adequate notice that the school board intended to sue the Town of Greenburgh.

Discussion among the Board of Ethics members, its counsel Mr. Malara and Ms. Beville took place about Ms. Beville providing an Affidavit establishing when she announced her recusal, attesting to the veracity of her written responses, and stating that she had not attended (except for public meetings) or participated in meetings or discussions regarding the Grant or the Lawsuit. Ms. Beville willingly agreed to do so and Mr. Malara is to submit a draft Affidavit her.

After deliberation and discussion, the Board of Ethics decided to dismiss the instant complaint for absence of good cause to proceed further, conditioned upon submission of the Affidavit by Ms. Beville, satisfactory as to process to the Board of Ethics counsel Mr. Malara and satisfactory as to substance to the Board of Ethics members.

Mr. Samis spoke during Public Comments. He stated that he was not satisfied with the way the Board of Ethics follows up on his complaints. He also stated that he was concerned about the Town of Greenburgh transferring a cable television license without following Code of Ethics procedures. He complained that the agenda for this meeting did not include the verified complaint he had made regarding refreshments gifts to the Town. He also stated that he approached Walter Rivera after the April 7, 2010 meeting because he wanted to know what Mr. Rivera meant during the meeting when he made a reference to a “vicious personal attack” having been made by Mr. Samis. Mr. Rivera explained that Mr. Samis had previously called the Board of Ethic members “pussies” at a public meeting and that this is ample evidence of a vicious personal attack against the members of the Board of Ethics. Mr. Sigal noted that Mr. Samis also apparently maintained an “enemies list” which is referenced in an email from Mr. Samis about the Board of Ethics. Finally, Mr. Samis stated that he believes it is possible to televise the meetings of the Board of Ethics.