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HomeMy WebLinkAboutEB Minutes 2006 & 2008Town of Ithaca ETHICS SHARD Meeting D ate : July24 2008 Meeting Time: 2:0 0 p.m. Place: Town Hall — Tio a Boor Agenda Items: 1. Review corrected and late forms that have. been turned in since our Iasi meeting. 2. Go over the question that we had Last time and try to make a recommendation to the Town Board, Ethics Bd. fleeting Notes Members present: Joe Wetmore; Jennifer T rp ning; Susan Kirby and Karen Billings Absent: Gary Stewart and Diane Campbell F Discussion centered on changing the Ethics Disclosure form. to make it more user- friendly. The current form is problematic because it is overly vague.in sections B and C. This vagueness leads to inappropriate responses to the questions asked, resulting in quite a bit of follow-up by the Ethics Board. The Board members asked Karen Billings to .research other Ethics -Disclosure Statement forms and laws (within NYS' and to gain snore information from the NYS Association o Towns. Karen brought back information for the Board Members to review over the course of the month, and the members agreed that the Tompkins Counter form and language within its Ethics Law carve closest to providing the simplified language this board was looking for. Board members found that creating a form that obtains information about outside endeavors that officers and employees of the town- are involved in and whether or not those endeavors are or could be a conflict of interest provided the biggest challenge. The current Ethics Disclosure Form is not easy to answer, which was proven by the variety of answers the Ethics Board reviewed, particularly with respect to Section C, such as the question for Licensed Professions. Licensed Professions. fyo u practice law, are licensed as a real estate broker or agent, practice another profession licensed by the ATS Departmen t ofEducalion, or are involved in a corporation or business described in paragraph 2 above, set forth below a general description of the in a u matters undertaken in the stated practice., including the nature ofthe clients' businesses. n the other hand, Board Members were reluctant to create a form that requests overly invasive information, as it would tend to deter participation in local government. Changes suggested to the Disclosure Foray: Ethics Disclosure Form: Change from: A. Real Estate Ownership. Dist the address of each piece of property that you or any member of your family own or have a significant financial interest in. Dist only real estate that is in the Town of Ithaca (the "Town") or outside the Town but adjacent to the Town's boundaries. "Family" means your spouse or equivalent member of a household sharing living expenses with you, and any of the following, if residing with you: child, step -child, brother, sister, parent, or person you claimed as a dependent on your latest state income tax return. "Significant financial interest' shall mean an ownership interest of more than ten percent. "Significant financial interest" shall also include a securityinterest in the property p p (such as a mortgagee) of more than 10,00.00. to: A. Real Estate: Dist the location of all real estate in the Town of Ithaca,or outside the Town but adjacent to the Town's boundaries which is owned in whole. or in art by you,yourspouse, household partner or children under 18 years of age. B. -outside Interests. Dist the name of any partnership, or unincorporated business (located in the Mate of New York,, or which does business in the Mate of New York) of which you or any member of your family (as defined above) is member, officer, or employee, or has a significant proprietary interest an ownership interest of more than 1 %)- Also list the -name of any corporation, whether for -profit and not -for -profit (located in the Mate of New York or which does business in the. Mate of New York) of which you or any member of your fancily is a officer, director, or employee, or owns or controls, individually or in combination with you or other members of your family, more than 10% of the outstanding stock. Also list the nature of any self-employment from which ou or a member of your family has derived gross income of more than $ ,o o.00 during the previous twelve months. to: I. outside Interests. To the best ofyour knowledge are you, o�pouse, household partner or children involved in an not -for- rofit or rofit�rnakin .enterprise as an officer, board member, administrator, executive or in a position with decision making authoritv, which has a business connection with the Town of Ithaca and/or may involve a conflict of interest in your osition with the Town` If the answer to question B is *please name the enterprise and describe its princiDal activities and the nature ofits connection or d a it u with the Town o Ithaca: C. Licensed Professions. If you practice lave, are licensed as areal estate broker or agent, practice another profession licensed by the Nev York State Department of Education, or are involved in a corporation or business described in paragraph 2 above, set forth below a general description of the principal subject matters undertaken in the stated practice, including the nature or the client's businesses. T: C. (Dropped and not replaced with any wording) . D. Contracts With the Town. Set forth below any interest you may have in any contract, oral, written or implied, with the Torn. (You may exclude your employment contract with the Town for the principal services you perform for the Town as an officer, employee, or professional consultant to the Torn. t D. Interest in Contracts. -I e ribe.,an rarest you, your suouse, household partner, or children under 18 years of age have in n contract involving the Town of Ithaca (excluding our current eml)loyment with the Town of Ithaca : E. Currently the Ton's certification area. t E. Loans and Gifts. List any personal loan received by youduring the last three cars from any source doing business with the Town of Ithaca at a rate of interest below the interest rate their prevalent from commercial lending institutions. Special Note: We discussed changing See. 3 - . Annual disclosure. C. utters to he disclosed shall include holdings or associations with any or all of the following within the twelve-month period up to and including the time of filing: And it was suggested that we would make this section like the county's lair, but nothing in the country's ethics lave appears to easily take the place of this section of Town Law. Clarification from the Ethics Board members is needed. Changes Suggested to the CODE Ethics, Code of: T I Code: Sec. 3 2- . A. Gifts. Change to To pkins, Cty. Gifts Definition New wording: F Gifts: Ever ' officer or errs io ee of the Town of Ithaca shall not directly or indirectl solicit any gifts; shall not acce-pt or receive any gifts having a value of seventy-five dollars 7or more whether in the form of money,services, loam travel ntertairment hospitality, thing or promise, or ppy other form, under circumstances in which it could reasonably be expected to influence the performance of official duties or was intended as a reward for any official action. TOI — Change part C and D of the current Ethics Code — to make a it easier to understand TOI — leave part F and G alone. All changes are for the 2009 cycle. Motions: The Board formerly accepted all Ethics Disclosure Statements as submitted for this year. Recommending to the Town Board ' that they make the aforesaid changes to the Ethics Law. Special Note: Answers to Question "C" on this year's Disclosure Statements were accepted "As Is", because the question was not clear. The Board Members did not want to make individuals resubmit a .new Disclosure Statement as the corrected Disclosure Statement will be more clear for 2009. Karen Billings will compile the meeting notes and forward them to the Ethics Board members for review and final approvals. Karen will take this to the SAC Committee and eventually have it brought before the Town Board. It is anticipated that enough time exists to have these changes implemented prior to the next "disclosure" time period. No further meetings scheduled until next year. Respectfully submitted by Karen Billings DRAFT Ethics Board Meeting Notes Meeting Date: June 5, 200 Member Attendees: Gary Stewart, Jennifer T rpening, Diane Campbell, Joseph Wetmore, Susan Kirby ti Staff: Karen Billings Tentative Meeting Agenda: 1. Select a Chairperson 2. review the Ethics Code . Set up`a schedule of future meetings for review of Ethics Disclosures and review of and or recommendations to be made to the Town Board of any changes deemed appropriate 4. Other:matters . Adjourn Discussion: New Board Members, after Monday (June meeting) — get their Ethics Disclosures day turnaround) Item #1 — Selection of a Chairperson Gary Stewart nominated Joe Wetmore to serve as Chairperson; Diane Campbell seconded. Nearing no objections, Joe Wetmore was unanimously selected to serge as the Ethics Board Chairperson for 2008. The first motion of the new chairperson was to establish are agenda for the balance of this meeting. It was unanimously decided to continue with the agenda already submitted (tentative agenda). Item 92 — Review of the Ethics Code 'Discussion .about changes to the code last year: It was established that no recommendations to the code were suggested last year, but the form was altered to include language about gifts and have people sign the form that. s/he understands it. Joe asked if anyone had any other thoughts on the code. Susan Kirby acknowledged that the Town's code follows state code, signifying that any changes would have to be brought to the Town's Attorney for language and legality. Joe acknowledged that any alterations would be forwarded to the Town Board; whereby the Town Board would bring it to the Town's Attorney. Joe added that review of the submitted Ethics Disclosure Statements is not on the Agenda and suggested placing it on the agenda and moving forward with that review at t� is point. Page I o; ` 4 DRAFT Item #3 — Review ofSubmitted Ethics Disclosure Statements Because the Town Board established new committees at the beginning of the year, some of the appointees may not have submitted a Disclosure form. It was decided that Karen Billings would cull the list of appointees and obtain completed Disclosure fon ns from new individuals. Discussion followed about whether to hold off reviewing the current submitted Disclosure Forms or gait until all submittals were in. It was decided that the Board would review the current submittals and review the later submittals at another meeting. It was decided that the Board would meet again on July 24ffi at 2:00 . Review of Disclosure Statement discussion: • Gary asked if any town employees have a contract. e Andrew Dixon provided an attached statement and it was unclear what was meant by it. e Joe asked whether or not a special provision should be made regarding attachments because in some cases the attachment does not contain information about who was submitting it and it was not signed. 0 Rod Howe and Eva Hoffmann's submittals were unclear because of the information they provided, which in some cases may have been. too much information. Initialler, it was stated that clarification is needed from Rod and Eva; what and why is the information that they provided listed. The Ethics Board is requesting "a signed statement of what they meant" by including the attachment. It was later decided that section C of the statement is unclear and the Board members asked Karen to get clarification from the Town Board as to what is it they are looking for `. Jennifer acknowledged that even she answered the question incorrectly. In particular, where the statement in section C is requesting information from paragraph 2 above, it's unclear what this means. I paragraph 2 actually Section B' Is this the best way to ask this question? Joe summed up the question to ask of the Town Board: Ask the Town Board to clarify what their afire looking in for and note to the Town Board that a couple of people filled out the Disclosure form in conflicting ways, indicating that the group of people filling out the form do not really understand the question. Final outcome: obtain clarification from the Town Board before proceeding to request additional information from Rod or Eva. Also, obtain clarification of -3d — the law. The Ethics Bat members agreed that once they knew what the Town Board members want, they could proceed with suggesting changes. Joe asked that all Ethics Disclosure Statements with anything filled out on "C" be pulled, pending an answer to the question. • F t r Stein's electronic signature (Diane said that the Federal Courts -a rove of typed electronic signature. There is a registration process such as getting a number). The easiest resolution to this would be to obtain Peter's signature, particularly because his e- signature was not on the line. Jennifer clarified that the signature, when signed can be below the line, but must touch on the lira at some point (loops, for instance). • Kirk Sigel and Andrew Dixon need to sign the attachments; ' r 0 Susan McCutcheon and Lorraine Moran left Part D Blank. Meeting ended at 3.00 p.m. Respectfully submitted, Karen M. Billings Page 2 o, ETHICS BOARD FRIDAY, SEPTEMBER 14, 2006 215 {FORTH T[OOA STREET, ITHACA, NY MINUTES THOSE PRESENT: T: David Jones, Diane Campbell OTHERS PRE -SENT: Cathy Valentino, supervisor; Tee -Ann Hunter, Town Clary EXCUSED: Gary Stewart; Susan Kirby; Joseph Wetmore CALL. TO ODDER The meeting was called to order at 1: p.m. Involvement of Attorney for the Town Ms. Valentino appeared to discuss the Board's request that Attorney Brock review the city, County, and Town Ethics Laws and report to them. she gave a brief history of the Twn's Ethics Law and told the Board it was very much like the Cunty's. she felt, without specific recommendations for changes to the law, it was premature to involve the attorney at this time. Ethics Disclosure statement There was discussion of the language Mr. Wetmore had requested be added to the T wn's Ethics Disclosure statement regarding gifts and loans. Ms. Campbell suggested, instead of along officials and staff to disclose all gifts and loans over $75.00, that the Disclosure Statement include the language from section 32-4 of the Town's Ethics Law along with an acknowledgement to be signed by the individual filling out the form. Mr. Jones agreed with including that language and acknowledgement and asked that Nis. Hunter draft and circulate an amended Disclosure statement for consideration by the Board. Next Meeting The net meeting of the Board was scheduled for Friday, October 13, 2006 at 1:00 p.m. at which time the Board will consider the draft Ethics Disclosure statement. Respectfully, sbmitt d, Tee -Ann bunter Town Clerks MINUTES Tern of Ithaca Ethics Board Tuesday, August 15, 2006 at 1:00 p.m. Call to Order The meeting was called to order at 1:00 p.m. Those Present Diane Campbell, David Tones, Susan Kirby, Gary Stewart, Joseph Wetmore Staff Present Tee -Ann Hunter Review of Ethics Disclosure Statements The Board reviewed the Ethics Disclosure statements they had returned for completion following their July meeting. Approval of July 2006 Minutes, There was a correction to the July minutes, the proposed dates for the next meeting should have read August 30th and September 15th. n motion by Diane Campbell, seconded by Susan Kirby, the minutes were approved as corrected. VOTE." David Jones, aye; Diane Campbell, aye; Susan Kirby, aye; Joe Wetmore., aye; Gary Stewart, aye Proposed Language for Inclusion in Disclosure statements The Board discussed the language recommended by Joe Wetmore for inclusion in the Ethics Disclosure Statements regarding gifts and loans. They determined that the proposed language needed to comply with the Tor n#s Ethics Liaw and that they needed to review the proposal in conjunction with the local lair. On motion by Diane Campbell, seconded by Susan Kirby, the Board requested that Susan Brock be provided with a copy of -the proposed changes to the Ethics Disclosure Statement, advised that there is no consensus on the changes at this point, and asked that she review the City of Ithaca and Tomp l in s County Ethics Laws and come to the Board's next meeting to give her opinion on the consistencies between the three laws. VOTE: David Jones, aye; Diane Campbell, aye; Susan Kirby, aye; Joe vetmore, aye; Gary Stewart, absent. Motion carried. Acceptance of Ethics Disclosure statements n motion by Susan Kirby, seconded by Joe Wetmore, the Board accepted the Ethics Disclosure Statements as presented. VOTE: David Jones, ye; Diane Campbell, aye; Susan Kirby, aye; Joe Wetmore, aye; Gary Stewart, absent. Net fleeting The Board set September 14, 2006 at 1:00 p.m. as their next meeting with a possible alternative date of September 19, 2006. Adjournment n motion by David Jones the meeting was adjourned at 2:00 p.m. Respectfully submitted, Tee -Ann Hunter Town Clerk MINUTES (prepared July 13, 2006) Town of Ithaca Ethics Board Monday, July 10, 2006 at 1:00 p.m. Call to order The meeting was called to order at 1:00 p.m. Those Present Diane Campbell, David Jones, Susan Kirby, Gary Stewart, Joseph Wetmore Staff Present Tee -Ann bunter Appointment of Chair Ms. Hunter suggested the board appoint a chair. Ms. Kirby moved and Ms. Campbell seconded the appointment of David Jones as chair of the Ethics Board. His appointment was unanimously approved by a vote of the board. Review of Disclosure statements Mr. Wetmore asked if Susan Brock had reviewed the statements. Ills. Hunter told him that she had not. The Beard took a fever moments to review the Town's Ethics Law. The disclosure statements were distributed and individually reviewed. Mr. Wetmore noticed that on some of the statements individuals had left answers to the questions blank. He felt those statements should be considered incomplete and returned to the individuals for completion. During their review, board members pulled statements that had missing information and asked that ll,lls. Hunter return there. Mr. Wetmore asked that a line be added to the Disclosure Form asking what gifts individuals had received and the board discussed what amount should trigger disclosure. The Town's g existing local law states $75.00 and there was discussion regarding in reasin that amount. Ms. Hunter obtained a copy of the City of Itha a's disclosure statement and the board reviewed that form's language as it pertains to gifts and loans. Mr. Wetmore asked that lines for disclosure of both these be included in the form. The hoard asked Mr. Wetmore to draft proposed language for such additions. There was s discussion that the fora needed to reflect and not exceed the requirements of the local lair, and some concern expressed about the possible impacts of disclosure requirements on people's willingness to serve the community. Next Meet�r The board agreed to meeting again on August 15, Zoo at 1:00 p.m. s blunter will return the incomplete forms and asked that the be completed by July 30, 2006. The board will review those statements at the August 15t meeting and consider the language drafted by Mr. Wetmore for possible referral to the Torn Board. Ad' urnr ent n motion by David .Jones, seconded by Susan Kirby, the meeting was adjourned at 2:0 p.m. Respectfully submitted, Tee --Ann Hunter Torn Clergy