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HomeMy WebLinkAbout1994_07_14 Board of Ethics Minutes BOARDETHICSmin 1 14 July 1994 At a regular meeting of the Town of Mamaroneck (TOM) Board of Ethics (BOE), held on 14 July 1994, at Conference Room A, Mamaroneck Town Center, 740 West Boston Post Road, Mamaroneck, New York, meeting called to order by Chair, at 7:30 PM. Present: Anna Reisman, Chair John Herz Robert P. Degen Barry Weprin, Liaison Absent: Nina Recio Carol Miller Levy Reports: MEMORANDUM from S.V. Altieri , TOM Administrator, dated 14 July 1994 RE: "Ambulance District" Minutes: Herz moved approval of previous minutes, second by Chair. Chair. : Asks each member present to consider memo regarding last meeting to be forwarded to TB. Is it sufficient / does it need any revision? Weprin: Asks that BOE clarify the form that the statement of disclosure is to take. Can it be incorporated into an already existing form presently furnished to prospective employees, e.g. an employment application. Chair./Herz: Discuss existing "Disclosure Statement." Is it sufficient? Degen: The "Disclosure Statement" is now to be filed only by those employees in "sensitive positions." The question involves those in other positions, e.g. part-time, seasonal, non-administrative. There must be a form that is furnished to all prospective employees with basic pedigree information and references. Weprin: Perhaps the form described may be revised to incorporate the disclosure statement that the BOE feels would satisfy initial finding. Chair. : DISPOSITION Request copy of form presently furnished to all employees. Suggest that form be revised to include a statement, to be signed by all prospective employees, such as: "In applying for the above position I state any relationships I may have with any employee of the Town of Mamaroneck, elected, appointed, or hired, and paid or unpaid. I also disclose any relationship that I may have that may appear to present a conflict of interest. If none, than I state that no relationships do exist. " This form can then be presented to all TB members prior to their having to approve the employment position. BOARDETHICSmin 2 Chair. : With that agreed to by all to be reflect in the statement to the TB - Are there any other questions or comments regarding the statement? Degen: Would just like to reviei% the conclusion reached in regard to the issue involving the contracting with volunteers. Did we agree that the status as volunteer was in question and/or the status as volunteer administrator. The statement to TB reflects a concern but only as it relates to a specific issue in the past. Is that our consensus? Weprin: The issue was raised to clarify the entire situation of volunteers contracting with the TCM, not only those in administrative positions. The statement to TB does reflect the concern for consideration of frequency of contract and volunteer position. • Chair. : With no other questions/comments - statement approved as written. Each member reviewed Administrator's Memo. Chair. : Explains that those individuals previously members of the "Tri-Municipal Ambulance District" (TMAD) and also paid paramedics were given the option to retain status as members of the board of TMAD OR retain their positions as paid part-time paramedics for the TMAD, and NOT BOTH. Degen: Suggests that the resignation of these individuals from the TMAD answers only part of the issue raised. Although the individual has "step[ed] down" as a member of the TMAD he still retains authority and capacity as President of the Corporation of the Larchmont-Mamaroneck Volunteer Ambulance Corp. This may still present a conflict or the appearance of a conflict of interest. Herz: Asks for clarification on who chooses the representatives from the different municipalities/organizations. Weprin: The liaisons from the three municipalities are chosen by the respective boards. The Volunteer Ambulance Corps' chose their own. representatives. Degen: Initially, the representative from Larchmont VAC was self- appointed. No knowledge of Mamaroneck FMS. Herz: Asks what was the conflict? Weprin: As noted in Administrator's Memo, the elected officials discussed the possibility of a conflict of interest (also presented in Memo from Degen) in the present status of the individuals as both paid personnel and as administrators, i .e. members of the TMAD. "There was a consensus that indeed a conflict would exist." The individuals were given a choice, both chose their paid positions. BOARDETHICSmin 3 © Discussion followed as to different aspects of the present Emergency Medical Services in the TCM. The difference between the TMAD and the Volunteer Ambulance Corp. which the TMAD serves, i.e. the corporation that administers all aspects of EMS and had previously administered paramedics when they too were all volunteer, prior to the establishment of the TMAD. The TMAD is responsible only for the paramedical aspects of the EMS while the Board of Directors of the Larchmont-Mamaroneck Volunteer Ambulance Corp, and its elected line officers, always and continually supervise, and are responsible for, all other aspects of the administration of EMS in the respective parts of the district, i.e. the Town of Mamaroneck and the Village of Larchmont. Some confusion remains as to the entire establishment and the distinctions among them. Degen: In light of the findings expressed in the Administrator's Memo, i.e. "that indeed a conflict would exist" and as expressed in Degen's Memo, asks that the BOE consider also the possibility of a conflict existing in the individual retaining his position as president of the ambulance corp's board of directors and his position as paid paramedic. The situation may still present a conflict if the individual served as paid paramedic and as a senior member of the governing board of directors, i.e. President. Weprin: Asks why should status as paid paramedic and president present any additional problem? Degen: Primarily, because the situation remains. There is a ew continuing management/labor problem. Sometimes the individual is an employee and other times he is the administrator of the organization by which he is employed. The possibility of a problem with discipline remains. The possibility of problems with preferential treatment and influence remains.' And most important his status as administrator of a town agency (an employee according to the Code) may preclude him from being compensated as a professional employee (having financial interest in) by the same organization because the Code is clear in attempting to avoid these occurrences/appearances of conflict. Asks each member to review memo, especially excerpts from Code Weprin: Suggests that the Chair. discuss matter with Administrator/[Cnclmn. Ryan] and then bring back to BOE. Chair: Discusses possible ways to communicate without a formal meeting. Degen: Suggest that BOE meet again when any disclosure statements are returned. At that time try to resolve the issue. Chair. : Formulate suggested wording for lines to be added to standard form given to all prospective employees. No meeting scheduled meeting adjourned at 8:15 Pill all discussion paraphrased for brevity and clarity RPD