MINUTES OF THE MEETING OF THE BOARD OF ETHICS

TOWN OF GREENBURGH

February 15, 2011

Greenburgh Town Hall

Members Present: Mike Sigal, Jack McLaughlin, Mark Constantine, Glenn Eisen.

Others Present:                Sonia Brown (part time); Joseph Malara; Francis Apicella; Bill Greenawalt (part time); Ella Preiser (part time); Hal Samis, Robert Bernstein (part time), Mrs. Gomez and two other representatives of Fulton Park civic association (part time); Susan Wolfert (part time).

The meeting was convened at 7:00 p.m. A quorum of the Board of Ethics was present. 

1. The agenda was accepted without any revision.

2. The Minutes of the January 13, 2010 meeting were adopted.

3.            Correspondence: Receipt of Verified Complaint re:  Mark Constantine, Board Member. Per section 570-11(k) counsel will transmit complaint to Town Board.

4.            Elections: For Secretary: Mark Constantine, unanimous. For Chairman: Mike Sigal, unanimous.

5.            Financial Disclosure – Mark Constantine reported that Deputy Town Attorney Dave Fried reports no changes to the list of those that have failed to file the mandatory financial disclosure forms posted on the town website. The 2010 annual financial disclosure forms must be mailed out around March 15, 2011 so that they can be returned before May 15, 2011 deadline.

6.            Annual Report from BOE to Town Board

Mr. Sigal summarized draft annual report for 2010.   Mr. McLaughlin suggested the inclusion of an expression of BOE’s gratitude to our Voluntary Counsel as well as adding points re: ethics training materials and sessions in accordance with requirements of Code of Ethics and State ethics audit.   With those additions, annual report for 2010 approved.

7.            Refreshments at Comprehensive Plan Meetings: Mr. McLaughlin recused.

 Update from Mr. Malara re correspondence with Town Board re import and scope of December 2010 resolution and re need for stenographer.   Board of Ethics will decide at March meeting re testimony from Comm. Madden in April.

 

Question from member of public re: Provision of Outside Counsel for Public Official who is subject of complaint. BOE is not privy to any information regarding the provision of counsel or how the same is funded.

 

 

8.            At January meeting BOE resolved to make formal status report to Town Bd. re: statutory Amendments project as of the date of the February meeting.    Draft distributed by Mr. McLaughlin was approved.    Board of Ethics subcommittee draft to be discussed at March meeting, and approximately 5 days prior to March meeting Mr. McLaughlin will post Clean/Track changes copies of draft amendments.

 

9.            Verified Complaint re Town Official’s statements to BOE members re investigation of particular complaint: Mr Sigal and Mr Scott recused.

At March Meeting BOE Intends to interview witnesses, Mr. Sigal, Mr. Scott and Mr. Rivera,as part of Phase 1 investigation, as to what was said and what was their understanding.   Mr. Sastow to advise witnesses of date and time for testimony.   Notice will also be sent to subject of complaint, whose attendance is not mandatory. 

 

                Before next item, question from a member of public re: reason for recusals. Mr Sigal explained reason for same, namely he and Mr. Scott were “part of the potentially material facts” before the Board of Ethics.

 

10.          Advisory Opinion re Joint Hearings of Town Board, ZBA and Planning Board:       

 Supervisor requested opinion regarding holding Joint Hearings. Mr. McLaughlin read from handbook on State SEQR statute requiring lead and Involved Agencies to carry out the provisions of the Statute with the minimum procedural delay and Joint Hearing is certainly one way to comply with that directive.   Mr. Sigal read from a proposed opinion, which after discussion was adopted.

                                               

Mr. Greenawalt, member of the public, advises that he understands the law to state that once the Town Board creates the Planning or Zoning Board it should essentially leave them alone to do their job without interference.    Chairman requests Mr Greenawalt to forward any citations and references to particular language in statute or cases in order to potentially add to the advisory opinion

 

 

11.          Mr. Apicella and Mr. Eisen provided copies of Ethics Training Videos: Viewed Ethics Video as Training Resource.   Cost to purchase would be $325.00.

 

Video appears to provide relevant basic ethics training that could be used as part of a comprehensive training program to be created and implemented by the Town.

 

BOE resolves to issues a report to Town Board on ethics training, which will include ethics training required under Section 10 of the Code of Ethics (board members and senior employees) and ethics training per the NYS Comptroller ethics examination letter (all employees)

 

12.          Verified Complaint of Mr. Bernstein re Applicant representative hosting event for Agency Member: Mr. Constantine recused; this portion of minutes provided by counsel, Mr. Malara and Mr. Sigal.  

        BOE concludes that complaint is in the proper form and there is good cause to proceed to a Phase 1 investigation.    Counsel requested to send out normal notices to party complained against and to Town Board.   After hearing from complainant, members of the Fulton Park civic association and members of the public, Board of Ethics concluded that in notice to party complained against it would reference the letter from that individual to the Board of Ethics re his recusal from voting on the matter in question when it comes before the agency and add a statement to the effect that if that fact changed it would be a further potential fact relative to the complaint before the Board of Ethics.

 

13.          Request for Advisory Opinion regarding agency member acting as treasurer of campaign committee for non-incumbent judicial candidate.     Mr. Sigal read a draft opinion, which after discussion was adopted.

 

14.  No additional public comments.  

The meeting adjourned at approximately 11:00 pm.

The next meeting was scheduled for March 8, 2011.

Submitted by:                   Mark Constantine, Secretary