MINUTES OF THE MEETING OF THE BOARD OF ETHICS

TOWN OF GREENBURGH

November 17, 2010

Greenburgh Town Hall

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

Others Present: Joseph Malara; Francis Apicella; Gary Sastow; Glenn Eisen.

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

        1.  The agenda was accepted without any revision.

        2.  The Minutes of the October 19, 2010 meeting were adopted.

        3.  Walter Rivera was thanked for his service to the Board of Ethics since this was his last meeting as a member of the Board.

        Correspondence was received regarding the Board's advisory opinion (Opinion 2010-9) regarding a Town official giving written input to the hearing officer of an appeal of a denial of a FOIL request.  Attached to these minutes is a copy of an email from the Town official indicating her compliance with the recommendation of the Board of Ethics.

        Mark Constantine provided an update on the Congressman Rangel ethics trial in the U.S. House of Representatives.  Discussion took place regarding the right to counsel during an investigation being conducted by the Board of Ethics and that the municipality's legal department should not provide representation to a person against whom a verified complaint has been filed with the Board of Ethics.   Discussion also took place regarding whether a the Board of Ethics should defer, or accelerate, investigation of a verified complaint filed close to an election, or whether an upcoming election should play no role in the timing of an investigation.   Mr. Constantine and Mr. Malara will make a recommendation to the Board of Ethics on this in February or March.

        4.  Mike Sigal reported on a Federal court case holding constitutionally invalid the confidentiality provisions of the Pennsylvania Public Official Ethics Act.   The Board of Ethics then discussed the issue of confidentiality surrounding verified ethics complaints filed with it.  A complaint may make headlines, but since 2007 the Board of Ethics has dismissed about 75% of the verified complaints received.   Despite this, the Board recognizes that the Federal courts since the Supreme Court Landmark Comm. v Virginia and NY Times v Sullivan decisions have found that the desire to protect a person’s reputation, particularly a public official, does not override the First Amendment.   

        5.  Jack McLaughlin reported on two changes that had taken place on the Town website that affected the Board of Ethics: 1) Access to the Board of Ethic’s web page is no longer displayed directly on the Town home page.  It must be accessed under “Departments”.  This change also affected a number of other organizations previously listed on the home page including the Police Department and the Library. Joe Lucasey, the Town's Webmaster, informed Mr. McLaughlin that this change was made because the Home Page had become too crowded.  2) Access to the minutes and agenda of past Board of Ethics meetings are no longer accessible directly from the Board of Ethics web page.  However, this information is still available by clicking on “Meetings” on the Town home page and thenon “Recent Meetings & Minutes (Click here to view all past meeting Minutes  The Board of Ethics is being treated the same as other boards with respect to access to this information.”.

        6.  Jack McLaughlin informed the Board that First Deputy Town Attorney David Fried had reported to him that six people had not submitted their annual financial disclosure forms.  Mr. Constantine will ask Mr. Fried to send the Town Clerk those names.  Section 8A of the code of ethics provides that the Town Clerk will send out certified letters giving these people ten days to submit their forms, after which their names will be posted on the Town website.

        7.  The Planning Board sought an advisory opinion regarding inviting Town officials to its annual holiday dinner.   The value of the dinner is approximately $25.  The law provides that gifts of less than $75 for special occasions are acceptable.  The Board reviewed and approved Opinion 2010-11.

        8.  The Board of Ethics is still waiting for all members of the Town Board subcommittee to give comments regarding potential statutory amendments.  The issue was adjourned to the February meeting.

        9.  Discussion took place regarding ethics training the Town is required to provide under Section 10F of the Code of Ethics.  Under the statute, the Town Attorney’s Office first develops training materials, then the Board of Ethics reviews the proposed materials, and then the Town Attorney’s Office delivers training sessions to those individuals (about 150) who are required to file the Annual Financial Disclosure Form. As far as the Board of Ethics is aware, no training materials have been developed and no training sessions have been held.   Eric Scott spoke with Town Attorney Lewis, who asked that the Board of Ethics write to the Town Board advising them of the statutory requirements. The issue of training was one of the areas identified in the ethics audit by the NY State Comptroller's, and the Board of Ethics had recommended that the Town respond to the NY State Comptroller that the Town would develop or obtain training materials and deliver training sessions.   Attached to these minutes is a letter from Supervisor Feiner to the State Comptroller dated July, 19, 2010 confirming that the issue was being worked on.   Mr. Scott will draft a letter to the Town Board.   Discussion also took place as to whether there are publically available ethics programs that the Town could obtain for use.   The problem the Board of Ethics foresees is that general ethical training materials will not be specific to the Greenburgh Code of Ethics, and thus could be misleading.   It was also decided that the Board of Ethics should advise the Town Board that it has a committee in place to review proposed ethical training materials when they are prepared.

        10.  There was no public comment.

        11.  NA

        12. The next meeting of the Board of Ethics will be on January 13, 2011, at which time the Board will take oral testimony from Commissioner Madden in the Phase 2 investigation of the verified complaint regarding solicitation/acceptance of refreshments for community meetings on the Town's comprehensive plan.   Discussion then took place regarding the need for a court reporter to prepare a written transcript pursuant to Section 11 I of the Code of Ethics.  Joe Malara will get quotes regarding the cost of a reporter, and prepare a letter to the Town Supervisor requesting that the Town pay for a court reporter to prepare a written transcript.  Walter Rivera had advised Comm. Madden in writing that his testimony would be taken at the January 13 meeting but has not heard anything back from him.  

The meeting adjourned at 9:20 pm.

Submitted by:               Walter Rivera, Secretary, and Mark Constantine, Assistant Secretary

Gary S. Sastow, Esq., Administrative Counsel