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HomeMy WebLinkAboutEB Minutes 1993OF IT� - . - � TOWN OF ITHACA -126 EAST SENECA STREET, 1THACA, N.Y. 14850 � Y Tows! CLERK 2 3-1 21 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING. 273-1747 PLANNING 273-1 7 , ZONING 273-1747 Town of Ithaca Ethics Board -Meeting. February 1, 1993 12: 00 p:m, ' r ' Y The Town of Ithaca Ethics Board met for the first time at the Town lull, 126 East Seneca Street, Ithaca, New York for the purpose of organizing. e PRESENTS - Robert Aron'son Bonnie Simpson ii rb e r t Genf an James Byrnes i ALSO PRESENT: John Barney. Esq..; Town Attorney Fr-ank Liguori. Town Councilman _Catherine Valentino, Town Councilwoman Joan Lent Hamilton, Town clerk EXCUSED: F John Tayl r The Town Attorney called the meeting to order at 12:05 p.m.. Attorney Barney issued, the Oat-hs -of Off ice to those mem e'r present, and advised that Mr. Taylor would need to file his oath of Y Office within thirty days o appoin-tment. 'Ir. Aronson questioned whether or not he could serve on the Board. as his wife had been a member of -the-Planning Board and the time limit of one year before more than one family member could be appointed to Boards or Committee-s had not expired. Attorney Barney instructed the Town Clerk to investigate the date of Mrs. Aronson's resignation, and that Mr. Aronson could then b reappointed at that time, r. Byrnes asked the Town Attorney to explain Section 7 in the Ethics Law regarding a pecuniary or material benefit. Attorney Barney reviewed this section with the Board and will research it further and give a d i t -i ona 1 information at the next meeting. Councilman Liguori and Councilwoman Valentino explained the functions and responsibilities of the Board. They advised the members that they should set up certain policy's and procedures of how they would function, and how they would report to the Town Board. ` The Board discussed the mechanism they would use for receiving c omp l a i t , hour often they should meet, whether U should be on a regular basis, or only when there are issues, of concerns or complaints received. A I Ethics Board Minutes /1/93 Page 2. As a result of these discussions the following rezolutions were adopted by' the Ethics Board. Motion made by Mr. Gen an, seconded by Mr. Byrnes that the Town Clerk will refer any correspondence or complaints to Bonnie Simpson who will contact the other members and schedule a meeting to review the material. Motion carried unanimously. Motion made by 1r. Byrnes, seconded by Mr. Genfan that the Ethics Board will convene at the request of any member of the Ethics Board. Carried unanimously. Motion made by Mr. Gen°fan, seconded. by Mr. 'Byrnes that the Ethics Board will convene upon request o-f the Town Board. Carried unanimously. Motion made by Mr. Genf a, seconded by Mr. Byrnes that the Town of Ithaca advertise in the next Newsletter the names and addresses of the Ethics Board. and that anyone may contact there with any complaints or concerns. Carried unanimously. Attorney Barney suggested that the Town Clerk attend the Ethics Board, meetings 1n order to take minutes of those meetings, and to act as the liaison between the Ethics Board and the Town Board. r. Genfan mentioned that his address has changed and that he may now be contacted at 2250 North Triphammer load, Apt. FL-1 Savannah Place, Ithaca, New York 14850. discussion was held as to whether candidates for Public Office should be required to fill out a disclosure statement. Councilwoman Valentino stated that maybe it should be of a voluntary nature rather than required. The Board considered whether it would be necessary to continue having the Ethics Committee as appointed by the Town Board when there was now an Ethics Beard. The general consensus of the Board was to ask the Town Board and the present Ethics Committce their viewpoint. The Board reviewed the Ethics Disclosure Statement with the Town Attorney. The Town Clerk stated that there was some confusion last year in the wording about owning propert;y on Page 1. Mr. Barney . said he would' revise the item and send the Town Clerk a revised copy. Ethicof ttes 2 / 11931 Page 3. The B o a rd i n s 'r u ct e di le, Town, C1 e. r ki t o is end, ou he E it h 1"" C S D i s c 1, o s ur e S t, a emet), it s on March t o aindividual,s who a r e required under ttite Local Law to C 0 1, e t le h, e, T 1i amp 1 e t i Tite f or, them t o be re turned and rev, ii lewied, by hie 'Et h ii, cs Boa rd 'by the deadline of AprIA, 30., The Board had a g e n, e, r a I d i s c u sss i o, n al b oul t i it iient, s t ha, t tini a y, b le, ji i ir'i t le, r pr e t e d a s c lcol n f 1, 1 c t s o if ii, ti, it, e r e is t 'rhe Board disicuissed, appolln'ting a Chairman and decide,d that al"11 mieuutbers would clonsi'der whiethler they would be intierested iiri all',, as Chai,r so that it could be addressed at the Way meeting. Motion m-aide by, mr. Genfan atild seconded, by, Mr. Byrnes that t fie I Eth si I "'cis Board w1,11 recionvene Wedneday, May 12, 1,993 ait 12:00 p M. i, ri lo ir id, e r o riev iew the Eithi, S D i s c 1, o s lie SS t, a t e m e in t s Mot *1 on carrifed i,t'na,niMO'L1,S'1Y, As there was no further business to conriu(,,�, before the 'Ethics Board. w 'Mr., Genfan wade jol'urn. Seconlided by Mr. Byrnes. t ful 1, y is, tit, m, i e d in, t to Town, Clerk **NexltlScheduled Meetii,ng - May 1,2, 19,93, 12,1,00 p.mit" Town of Ithaca Ethics Board Meeting Agenda May 12, 1993 -- 12:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Administration of Oath of Office, Robert Aronson. . Appointment of a i.rman-. . Discussion of Local Law 11,. Section 7, pecuniary or material benefit. . Consider recommendation of Town Board concerning Ethics Committee. . Consideration and discussion of 1993 Ethics Disclosure Statements. 8. Approval of February 1, 1993 Ethics Board Minutes. t . Adjournment Town of' Ithaca, Ethics, Board Meeting May, 12, 1, 9,93 12111100 p.m., PPRES"ENT: Robert Aronsion Bonnie Simpson, Herbert Genfan Jamtes Byrnes John, Taylor Nttorney Barney asked for other nominations or volunteeirs as Chia, i r,mman, Aronson f'elt 'that the term of Chair should be, rotated each year i. Mr. Aronson v jolun,teered to take the f irst teirm of oft ice as Chal, if Mere werie no obJections if rom the other membie'r,is, Ethics Board Mtg, 5/12/93 Page 2. Panda Item No,4 -_ont'd Motion made by Mr. Byrnes nominating Robert Aronson as Chair of the Town of Ithaca Ethics Board for a tern of office from the present until December 31, 1993. Seconded by Mr. Taylor, emotion carried unanimously, Motion made by Mr. Byrnes nominating Bonnie Simpson as Nice --Chair of the Ethics Board for a term of office from the present until December 31, 1993. Seconded by Mr.. Taylor. Carried unanimously, Agenda Item No. 5 -- Local Law 1 92 Section 7,, Pecuniary or Material Benefit Attorney Barney stated that the Board asked at the last meeting i he could investigate and further explain Section 7 of the Focal Law regarding pecuniary or material benefit. Mr. Barney said that Probably there should be some modification i Section 7, because it literally states that anyone voting on an issue such as the tax lever would have a pecuniary interest in the outcome of that vote. In addition anyone voting on a zoning matter that involves something in their neighborhood could also. Mr. Barney distributed sections of the State Law, they define an interest in Paragraph 3, Section 800 as related to a contract. fir. Barney said that before he took this issue to the Town Board for amendment he wanted the Ethics Board to give him direction. Mr. Aronson said that it would depend on what is meant by a contract, there may be other binds of decisions that are not contractual which may have a potential conflict of interest in some instances. Attorney Barney mentioned that the term "contract" is defined more broadly than Just the written offer of acceptance and action circumstance. It does include any claim or demand, expressed or implied. Thom is no question there could be a broader definition, you could come use Section 7, but Put in a qualifier either substantial or material, Mr. Byrnes said that he felt it would be better if the State language was used. It is inconceivable that you could have a late where a person on an elected board couldn`t vote if it had any impact on that person. Everything that is done in the public realm bears on yourself, Where you draw the line is the problem, The State law prevents a contract or a direct interest, voters have to Ethics Board Mtcj. 5/12/93 Page 3. Aqenda Item No, 5 -. Corit ? d elect people who they feel will vote with integrity. To put anything in the Local Law that is vague is going to be subject to interpretation, if it is interpreted literally then anytime the person votes it effects their interest, Raise taxes, lower taxes, more zoning, less zoning it has some impact on the person unless they do not live here. if they don ? t live here they cannot serve. Mrs. Simpson noted that many of the officials ials are appointed not voted into office. Then there would not be as tight a control as with the voters. Mr. . Byrnes said that they all rust take an oath of office, something could be put into the oath that they won't vote if they have an interest in the issue. . Byrnes said he would hate to be sub J eot to that standard, your could not vote on anything, Mr. Barney said that most of the time the issue of conflict when voting is clear. Normally there Is a contract involved. Mr. Aronson stated that no one would want the Ethics Board to scrutinize every decision of the Town Board or other Boards. The Ethics Board would only be interested in uses where someone has raised the issue of conflict or personal interest. Mr. Taylor said that he agrees that everyone has some interest, and that he is satisfied with how the State has defined it. Mr. Barney said that it would be useful to have the approval of the Ethics Board for the change to the State Section when he presents the proposed chance to the Town Board, along with the Local Law modifying the Town's local law. Mr, Byrnes said that the Local Law now is broad and vague it does beyond what the State law requires. The State law is more explicit. Motion made by Mr. Byrnes that the Ethics Board recommends ids to the Town Board that the Town Attorney draft a change in Local Law 199 , Section 7 to the State language from Paragraph 3, Section dealing with pecuniary or material benefit. Seconded by Mr, Taylor. Mr. Genfan stated he was a little concerned with the definition of contract. Upon his review of the Disclosure Statements he found that no one had a contract but a few people owned companies which Ethics Board Mtg. 5/12/93 Page 4. Agenda Item No. 5 - on ' d did or could supply items to the Town. We should not coo into the minds of every Individual and stop anyone from doing any voting, his interpretation may be too strict and narrow. Mr, Genfan was concerned with the criteria for calling it a contract. F What extent of a relationship causes a conflict or unethical conduct. Mr. Barney said that the Disclosure Statement is for people to see that there is a potential relationship. The very fact of owning the company does not create the conflict. It is only when that company enters into a contract tb do something for the Town. It does not have to be a written contract, it can be expressed or implied, The responsibility Is on the individual to disclose that information. At the point where the Town was entering into an agreement to purchase, it is them incumbent on the individual to disclose it and withdraw from any further participation in the decision making process. If the individual does not do it, then it may be brought to the Ethics Boardrs attention. Mrs. Simpson mentioned she had received an anonymous call from someone who said that in a particular case he would receive approval for his zoning issue if he bought supplies from an individual on the Board. This is an example of another ]rind of issue that may occur, it was not contractual with the Town but it was self-serving in another sense. Mr. Harney said that would be encompassed by the State definition of interest, an indirect benefit. The officer or employee does not have to be an employee of the Town it can be a third party. Mr. Byrnes said that it would be a benefit occurring to an individual as a result of a contrast, so it would be covered under the State definition. Mr. Barney said the incident Mrs. Simpson spore of would probably be a penal law violation. It is covered under the bribery and extortion section and would be reported to the District Attorneyrs office. If it involved the Town, the Town would want to ]snow about it to tale appropriate action. Mr. Barney said that anonymous issues are dealt with by the Town, and advised Mrs. Simpson if contacted again to encourage the individual to come forward and speak to the Supervisor or the Town Attorney. It can usually be looked into without disclosing the identity of the informant, unless it is found the information needs to be acted on. In that event it should not make a difference if the name of the informant were disclosed, Ethics Board Mtg. 5/12/93 Page 5. • Agenda Item o. 5- ont ? d Mr. Aronson asked why the disclosure form asks about information from individuals who are licensedprofessionals? Mr. Barney explained that it happens frequently with people such as licensed attorney. s . Licensed professionals represent many people and it may be that some of their clients have business with the Town. Most professionals tell their clients that they have to b represented by someone else. If at a meeting a client would address the Boards, the professional, would disclose the individual as a client to the Board. Mr. Genfan asked if Mr, Barney thought that the individuals who sign the disclosure statement have a broad definition of contract within their minds when filling it out? Mr. Barney said that a contract in his view would be any kind of financial business transaction with the Town. Mr. Barney suggested that the form be changed to indicate are "oral, written, or implied contract". The Board agreed to make this change on the form for next yearf disclosures. Mr. Byrnes said that he agreed that the form should be made more clear with the suggestion of the language change for contracts. Motion was called by the Chair. Motion carried unanimously, Agenda Item To . 7 - Discussion of Disclosure sure Statements Mr. Aronson wondered if there were people who had made out the disclosure statements who had not included information reporting their connection with not -for -profit organizations, There may be a remote possibility that such an organization would have dealings with some of the Town's Boards. Mr. Byrnes felt that some of the not -for -profits rofit are loosely organized and that he doubted if they would have significant dealings with the Town which would create a problem. He noted that the not -for -profits which are were incorporated may create problems because they teal with significant amounts of money. Mr. Aronson asked the members if they had any specific questions or comments about the disclosure forms Mr. Aronson said there were some with incomplete addresses. Byrnes said that it is the indivi.dual.s responsibility to ensure the fora is filled out properly. Ethics Board Mtg. /1 /9 Pace 6. Agenda Item M. 7- Con t" d Mrs. Moteb om said that she did not wish to fill in any"thing such as addresses on the forms when they are turned in because of the problem of having her hard writing on someone else' s form. Mr. Byrnes said that if there is something that the Board may find, is curious about, or something that is missing then the Ethics Board should go back to the individual for clarification, Mr. Byrnes asked that next year the form ask for disclosure association with not -for -profit organizations, Mrs. Simpson said asked there is a conflict for the individual who disclosed working for another Town on a part time basis? Mr. Barney said the Town of Ithaca has never had an instance of dealing with that particular township, it is in another County. Occasionally within Tompkins County, towns will share equipment, and there are three entities involved with water and sewer, There is nothing that says you cannot serge in two capacities while employed by the Town. The only issue the Town Board may question is being able to physically do both Jobs. Mrs. Simpson said that a classic would be Zoning Board and connection with a business. we could be so ethical that no one would ever wish to serve because of excluding every aspect. Mr, Byrnes said that you would not wart to exclude every person that had a business who was in public service. Mrs. Simpson agreed, but said it becomes more definitive when you have areas that are obviously a benefit, Mr. Harney said the areas of conflict occur when a contractor is coming in the door as an applicant, then the person on the Hoard who has interest in that business rust remove himself from the process, Mrs. Simpson brought up some other questions about the disclosure statements. The Board discussed them. Mr. Byrnes said that he did not feel it was the responsibility o the Ethics Board to question each poential conflict that exists. The Job of the Ethics Board is to review are allegation that someone has used their office for their personal benefit. Ethics Board Mtg. 5/12/93 Page '7. Agenda Item No. 7 - ont'd Mrs. Simpson agreed but felt that the Ethics Board should be alert and scanning things. Mr. Byrnes said that he did not think that it was the Ethics Board Job to be investigating, That when someone else wises, are issue the Board is to review it and make a recommendation to the Town a to whether a conflict exists or has occurred. Mr. Barney said that the Ethics Board will also review the question of doubt raised by someone as to whether they should participate in particular issue or not. Mr. Byrnes said the law exists, and everyone who is in these capacities has had it explained to there that they are to. police themselves and disclose it. ir. Barney said they are handed a copy of the law. Mrs, Noteboom believed that the Personnel Director explains the Local Law to them, Byrnes asked if these individuals sign anything saying they are aware of the Ethics Law. This may be a good step, have them acknowledge the receipt of the Local Law and that they understand what it says. Them if there is a conflict the person cannot say they never knew this, it puts the burden on them to behave ethically. Mr. Barney said that one of the roles of the Board is to review the annual statements. This Local Law was drafted by some Town Board members who felt there were potential problems. Mrs. Simpson said that there were still some people who had not submitted their disclosure statement. Mrs. Ioteboom had seat memo reminding them, and they will be forthcoming shortly. .. Mr. Barney said that the disclosure statements should be reviewed for adequacy, and there are certain positions that are incompatible. positions which are listed by the State Comptroller, Mrs. Simpson said there are a few things contained within the General Municipal Law that is implied in Local Law No, 4. Mr. Barney explained that Local Law No, 4 is broader than the General Municipal Law. If an issue comes up both are consulted. C Ethics Hoard Mtg. 519 Page 8. Agenda Item No. 7 - ont ' Mrs. Simpson asked if someone who will run for public office has a conflict when they are on the Zoning Board of Appeals',;' Mr. Barney explained that by law if he is successful in winning the election when he assumes office he must remove himself from the Z IBA Mrs. Simpson asked if the designation of an individuals political party should be asked on the disclosure form? Mr. Barney said that was an issue that was debated at some length, as well as if being an officer to various political parties -should be. The Town Hoard in their Judgement felt that those should not be asked on the fora. Technically Local Law No. 4 supersedes the Genera. Municipal Law. This was not done to try and impose different standards as much as the General Municipal Law in its requirements for disclosures are far more comprehensive than the Town felt it appropriate it to be. The Town Board tried to limit the foam to things that would be applicable to the Town. Mr. Genfare stated that one individual supplies miscellaneous electrical supplies to the Town, which is not a written contract, is that something that should be noted? Mr. Harney said that is something that should be brought to the attention of the Town Supervisor, It may be something they are already aware of. Mr. Genfan said the individual was Mr. Ed Austen. Mr. Harney said that he is sure the Supervisor is aware of Mr, Austen's business, but may not be aware that his business dead. with the Town. The Board that Mr, Austen serves on would not make the decisions concerning the purchase of electrical supplies. It is more likely that when someone needs an electrical wall switch, etcetera they go to Mr. Austen's store to bury it. It seems that Mr. Austen is forthcoming in supplying this information. Mr. Byrnes said that the Ethics Board should be careful not to send a signal to the Town Board that they don't want the Torn to do any business with anyone on various boards. This would not be fair t those people. What the Ethics Board wants is for Mr. Austen not to use his position to influence business for his company. That should be made clear to Mr. Austen. Mr. Austen is not searing on the Board for the small amount of money paid to hire, as long as he 41 Ethics Board Mt , 5193 Page 9. Agenda Item No. 7 - cont'd is not soliciting business by being on the ZBA you do not want employees of the town being so cautious that they say go burr the someplace else, we do not want people so scared that they d things that are not intended by the Focal Law. Mr, Barney reminded the Board that anything above $5000 has to public bid, and even below that there are now procurement rules i soliciting invitations of quotes from at least threes suppliers, Mr, Barney felt that knowing Mr. Austen and his relationship with the Town that he reported that item on his statement as he warted to be cautious, Mrs. Simpson said that she would rather that kind of thing b disclosed up front rather than find out later so that it is not misunderstood, Mrs. Simpson stated that the individual who called her anonymously said that something like this had happened to them. Mr. Byrnes said that we are not sure this even happened, someone called Mrs. Simpson anonymously and said that it did. Mrs. Simpson said that she believed them and she did not know who it was. She did not even report it within the context of the Ethics Hoard because she realized it would not be credible. The Ethics Board will probably receive some calls like this. Is the Ethics Hoard prepared to nurture them alone to be investigated. Mr. Byrnes said that those type of calls have to be handled carefully. r Mr. Barney said that we want individuals to come forward, but it is difficult to act on anonymous information because your cannot be sure of the motivation. A relative amount of confidentiality can be met particularly if no action is taken. If action is taker confidentiality will not be as much as a problem. Mr. Aronson asked what the usual route would be for cases to come before the Ethics Board? Mr. Barney explained that telephone calls would not be unusual, it could be a problem having them converted from anonymous to open calls saying who they are. The Ethics Hoard may from time to time get a citizens group who may not like a vote of a particular member of a Board and may ask for a review. Ethics Board Mtg. 12 93 Pace 10. Agenda Item No. 7 -- ont Mr. Aronson asked what sources would be available to research these complaints . Barney responded that the Ethics Board would start with the Town Attorney, the Supervisor, and then possibly due to the nature f the complaint other personnel of the Town, If the complaint were to involve e the Town Attorney the Ethics Board would go directly to the Town Supervisor, If the complaint were involving in the Supervisor, then the Deputy Supervisor would be notified, Agenda Item No. 6 - Town Board Ethics Committee Mrs. Noteboom explained that the Town Board has suggested that since the Ethics Board is now in place it may not be necessary for the Town Board to have their own Ethics Committee. Mr. Aronson asked if the Ethics Committee of the Town Board exists by virtue of some legislation? Mrs. I oteboom said the Committee exists by virtue of a resolution adopted by the Town Board they were charged with the duties of finding members for the Ethics Board and helping to establish the Ethics Board, They have bas icly finished their function. But the Town Board has asked for the Ethics Board recommendations as to whether the Ethics Committee still needs to exist. Motion made by Mr. Taylor recommending to the Town Board that the Ethics Committee be dissolved. seconded by Mr. Genfan. Mr. Barney explained the Bthics Board would not receive any additional responsibilities other than what they are already doing as a result of the dissolution of the Ethics Committee of the Town Board. A n a Item No. 8 - Minutes 2/1 93 Mr. Aronson asked for any additions or changes to the minutes of the meeting held February 1, 1993 . Motion made by Mr. Byrnes, seconded by Mrs. Simpson approving the minutes of the Ethics Board for 2/1/93 as written. Carried unanimously. Ethics Board Mtg. 5/12/93 Page 11. Additional Item - Announcement of Filing Disclosure Statements The Town Clerk mentioned that according to the Local. Law the Supervisor at the May, Town Board meeting should announce that the Disclosure statements are on file in the Town Clerk's Office. The Town Clerk did not notify the supervisor to have this included on the May agenda as all the statements had not yet been received. The announcement will be made at the June meeting of the Town Board, it will also be posted, and,published in the newspaper and newsletter within the month. Mrs. Simpson asked how many people are required to sign the statements? The Town Clerk responded there are approximately 42, The Town Attorney reviewed the list of employees and showed who would be required under Local Law #4 to sign then. Agenda Item No. 9 - AdJo rnment Mr. Aronson also said the Ethics Board would only convene as needed when a complaint or situation arose that needed review, and they would also meet on the anniversary mate of the annual disclosures to see what has transpired in that part of their responsibilities. Mr. Byrnes requested they be kept informed in case the Local Law i revised as discussed. Mr. Barney said that the Town Board may refer it back to the Ethics Board for specific comments on the revisions, As there was no further business to come before .the Ethics Board, r. Byrnes made a motion to adJourn. ` Meeting a J our ec at 1; 1 p.m. Respectfully submitted, 94a*,L) Joan Lent Noteboom Town Clerk