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HomeMy WebLinkAbout1995_10_24 Board of Ethics Minutes 4 .4 n 0 BOARDETHICSminl 24 October 1995 A special meeting of the Town of Mamaroneck (TOM) Board of Ethics (BOE), held on 24 October 1995, in Court Room, Mamaroneck Town Center, 740 West Boston Pst Rd., Mam'k, NY was called to order by chair at 8:10 PM. Present: Anna Reisman, Chair John Herz Nina Recio Robert Degen Absent: Barry Weprin, Liaison Carol Miller Levy (resigned) Also present: Paul Ryan, Member of Town Board, acting as liaison John Perone, Town Republican Chairman Pat DiCioccio, Town Clerk Reports: all members where sent memo from Chair. describing issue under consideration. matter of last meeting resolved with resignation of party involved. No further action needed. Minutes: 4111., minutes from 7 June meeting approved with correction to last name of Recio. Minutes form 14 July 1994 meeting need to be presented at next regular meeting. remaining disclosure statements to be reviewed at next scheduled meeting. Issue 1 request by Town Supervisor Price to consider matter brought before Town Board at meeting 11 October 1995 alleging misuse, and/or improperly obtaining use, of Town property (pool car) owned by the Town. Alleged that such use may have violated S24(5)(D)(2) of Town Ethics Code, Use of Town Property ... Items submitted: •letter from Chair. to members 'memo from Cnclwmn. Moore O'Keeffe, including memo from Town Admin. to Cnclwmn Moore O'Keeffe, and 'Vehicle Assignment Control Card' (sign-out log) with two entries. 'memo from Town Clerk DiCioccio, 'Re: Use of Town Car" •S73 Public Officers Law- Power and Duties •Town of Mamaroneck Code of Ethics, Local Law 2-1991 •p.11, Town Administrative Manual (1991) "S 4.2 Use of Town Vehicles Chair: advises visitors that they will be asked to leave if BOE goes to Exec. Session. Perone asks that he be permitted to stay during discussion. Ryan states he is acting as liaison. All agree to exit when in executive session. I Recio: Would DiCioccio like to speak? tho DiCioccio (DiCio): Asks that written memo reflect total statement. Recio: Asks series of questions of DiCio. clarifying issue. t © BOARDETHICSmin2 N.B. EXCHANGE IS PARAPHRASED HERE AND DOSS NOT REFLECT ACTUAL QUESTION/REPLY OF PARTIES, RATHER A SENSE OF THE INQUIRY. Have you used a Town car (CAR)? Yes Did you use CAR during the period in question? Yes When? from 06/13/95 to 8/ /95 How often during that time? on several nights when the late hour required me to use. Why??' Because pers. vehicle was in use by daughter. Do you own a car? Yes, share use with daughter Is pers. vehicle registered in your name? Yes Have you continued to use Town CAR? No By what means do you get to and from work? Rides or cab What was your reason for using Town CAR? Because of computer malfunction, required to work more than usual to remedy situation. Obliged to work late into evening and weekends. Required to transport documents to and from pers. residence. At any time did you use CAR for personal use, e.g. grocery shopping, errands, etc.? No, unless stopping at deli for take-out lunch while going from home to office on a weekend day. Maybe did that 2x. Can you state categorically that you never used CAR for personal use? Yes, my children do shopping and I have no other occasion to use CAR for pers. use. Where do you live? New Street, Mam'k. Vill. (near St. Vito's Ch.) Were you aware of any policy regarding use? No od To your knowledge there is no such policy as referred to in Cnclwmn Moore O'Keeffe's memo? No Who is in charge of CAR (cars)? Shimon (Gitlitz, Supt. Highway) What is procedure required for use of CAR? Generally involves asking Shimon for vehicle (pool car) and, if one is available, being given keys. Is that the extent of procedure? Practically, Yes What role does sign-out log play? I have never been told about any log. It is informal. If one needs CAR, one asks for CAR and is permitted use if used for work. Asked Administrator if what she had done was considered proper, with regard to CAR. Administrator told her "YES" Who else uses CAR? 'Mike" (building attendant), others on first come/first serve basis. How many pool cars are there? 9 "?" - 2 or 3 permanent assigned cars. Were you ever given notice that this may be a violation of regulations of use of CAR? Not until the matter was raised at TB meeting. Why is Shimon responsible for pool cars? Because he keeps the keys Does Shimon have authority to designate use? I believe he does. It has always been that way. Who is ultimately responsible? I guess Administrator. or in case of elected officials, Supervisor probably would have ultimate authority. • BOARDETHICSmin3 (Cnclmn. Ryan states that it has been his experience that when he has needed a car for TB business he has followed the same procedure as the Twn Clerk describes. Stressing that the policy heretofore has been rather informal. If the request seemed valid to Shimon and no question was raised, then the party was given authorized use of CAR. That is not to say that any person could obtain use of CAR, rather only those who have authority positions (elected) and those with explainable (and established) need, e.g. building maintenance personnel. Assumes others would be refused use.) Recio: asks other members if they would like to ask questions. Degen: Have you ever used CAR for personal use? DiCio: NO Degen: Is it true that your job description includes 24-hour/day call-up requirement? • DiCio: Yes, as Town Clerk I am required to be available at all times, and weekends, for access to records, certificates, etc., and in cases where voting machines are to be impounded or other matters relating to elections. (DiCioccio states that she has petitioned the State of New York (Sec'y of State and/or others) to confirm status as Town Clerk as "on-call" employee and thus qualifies for fair use of vehicle in question.) Degen: During the period in question did you use car for business purposes only? DiCio: Yes. Degen: To your knowledge, was your use within the scope of your duties,as Town Clerk? DiCio: Yes. Degen: To your knowledge, did you violate any regulation requiring sign-out of vehicle? DiCio: No. Degen: Is it common practice for other employees with authorized and regular use of Car to sign-out CAR? DiCio: Not to my knowledge. There is no procedure. (Mr. Perone asks about role of BOE in this matter.) Degen: Role of BOE is to evaluate disclosure statements by employees and officials and rule out possible conflicts of interest there. Also charged with evaluating issues that arises such as this where there is an allegation of misconduct/misuse and makes only recommendations to TB. (Mr. Perone supposes that BOE charge in this matter is to make recommendations but also to be "finder of fact" as to allegation of misuse and to render an opinion on that matter.) Chair.: Addresses Perone stating that the members are aware of their responsibilities and will practice within those responsibilities. Gives Mr. Perone a copy of Code of Ethics. (Ryan, DiCioccio, and Perone exit to leave BOE in exec. session.) Herz: Recommends that TB review and revise policy and procedure for use of Town Equipment, especially vehicles. ALL AGREE and will finalize recommendation at next meeting QBOARDETHICSmin4 Recio: Issue of alleged misuse involves several details. While it seems that there is no willful violation of rules - we still need to evaluate the policy/procedures of chain of command responsible for equipment ultimate authority, viz. pool cars whether Town Clerk position should be entitled to regularly assigned car what is status of Town Clerk position, i.e. scope of employment for use of car confirmation of Clerk's assertions about sign-out policy does TB have a policy? are there any other sign-out sheets? (partic. dates in question.) Chair: Table matter and will entertain motion to adjourn until we have more info. requested and make definite schedule for next meeting. Recio: Need to convene soon , re. "election issue" Chair: Can we meet at Herz's home. Recio: Think not, re. "Sunshine Law" may proscribe public meeting in private home. Ask for opinion of Town Counsel, Silverberg. Chair: meeting scheduled for Monday, 30 October 1995 at 7:30 PM. Chair: asks Cnclmn. Ryan to advise Shimon to prepare records requested and to obtain official policy statement form TB if such exists. Recio: In order to make a complete record and have full deliberation we must have those items before proceeding. Degen: Perhaps Shimon can be present at next meeting to answer questions and explain documents. Chair: Will ask"that Shimon be present at next meeting. Chair: Unless there is more we can adjourn. meeting adjourned at 9:45 PM all dismission paraphrased for brevity and clarity RPD