HomeMy WebLinkAbout1995_10_30 Board of Ethics Minutes BOARDETHICSmin 1
30 October 1995
A special meeting of the Town of Mamaroneck (TOM) Board of Ethics (BOE), held on 30 October 1995, in the
residence of John Herz (member), 325 Weaver Street, Larchmont, New York was called to order by Chairwomen at
7:40 PM.
Present:
Anna Reisman, Chair
John Herz
Nina Recio
Robert Degen
Absent:
Barry WEPRIN, liaison
(unfilled vacancy)
Also present:
Mrs. Herz
REPORTS:
"all members were given copy of "Letter to Editor' (Gannett Suburban) from Cnclwmn Moore O'Keeffe
dated 30 October 1995 (denying any insult to members of BOE.)
"for inclusion in record - copies of additional sign out log" pages. Three in total for three
different vehicles comprising, roughly, dates between March 199? to September (10) 1995.
"all members were sent copy of confidential memo from Town Counsel Silverberg to Supervisor Price,
'Re: Public Discussion Regarding Board of Ethics Members'
"all members were given copy of "proposed procedures for the conduct of meetings' of the BOE, by
Chairwomen Reisman. (to be added: "each advisory opinion should be drafted at one meeting and reviewed,
revised, and formalized at a subsequent meeting.)
MINUTES:
approval of minutes from 24 October meeting held over for corrections/emendations.
Prior to discussion of Old Business (alleged misuse of TOM property) BOE ought to discuss Silverberg memo
with regard to the issue of privilege. Both nature of privileged material brought before the BOE and
privilege of BOE members being shielded/protected from liability against charges of defamation.
•Question to be discussed....
Other issues:
Need clarification of whether BOE meetings are ever public / if so, when? and when not?
Need up-to-date list of appointment terms/dates for members
ENTERED INTO EXECUTIVE SESSION
Mrs. Herz left meeting.
Enter into record that Degen has recused himself from deciding on issue of alleged misuse.
Discussion followed:
Does BOE require more records of procedures and practices with regard to use of "pool cars?"
Does BOE need to speak with•Shimon Gitlitz?
BOE to formulate question(s) which will be asked of Gitlitz by Recio.
,
BOARDETHICSmin 2
Based on the testimony and documents already in record in the matter of alleged misuse of TOM property (a
pool car) members (Chair., Herz, Recio) discussed impressions thus far.
Members are; generally, in accord in the opinion that the Town Clerk did not willfully violate TOM Code of
Ethics, that she did not intend to defy, nor ignore, nor overlook any part of the TOM code, and did not
intentionally take action to misuse TOM property.
The BOE recognizes that this issue brings to light a lack of specificity in the policy and procedures
regarding the use of TOM "pool cars." There seems a looseness in clarity of the policies and procedures
and a broad laxity in whatever procedures, although in writing, not customarily followed.
The lack of a clear policy, and a lack of uniformity in the administration of less than clear existing
policy tends to give rise to such instances.
While there was a finding of no misuse in this instance the BOE wants to be sure that no false impression be
given with regard to the charge of misuse. To avoid any precedent value being assigned to this opinion the
BOE wishes to stress that this does not consider the allowing of any car to any employee for any reason.
Such is not the case. Rather, the Town Board should set limits on use and establish formal guidelines.
BOE agrees to make a draft of the advisory opinion to be reviewed and revised at next meeting.
Members discuss additional statement that may be made to Town Board regarding article that appeared in
Gannett Suburban Newspaper on Sunday, 29 October 1995.
meeting scheduled for Thursday, 9 November 1995 at 7:30 PM, Town Center.
meeting adjourned at 9:30 PM •
all discussion paraphrased for brevity and clarity.
RPD