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HomeMy WebLinkAbout1995_06_07 Board of Ethics Minutes BOARDETHICSmin 1 7 June 1995 A special/regular meeting of the Town of Mamaroneck (TOM) Board of Ethics (BOE), held on 7 June 1995, in Conference Room A, Mamaroneck Town Center, 740 West Boston Post Road, Mam'k NY, was called to order by Chair at 8:00 PM. Present: Anna Reisman, Chair John Herz Nina Rec(io Robert P. Degen Absent: Barry Weprin, Liaison Carol Miller Levy Reports: all members were sent copy of memo from S. Silverberg, Town Attorney, to E. Price, Supervisor. memo dated 28 April 1995. received by Chair on 22 May 1995. Minutes: minutes of 14 July 1994 meeting held over for approval. members of BOE present reviewed disclosure statements of the following: Supervisor Assessor real property appraiser public housing admin. Chief of police dep. comptroller (Vanderslice) Fire inspector Fire chief Supt. of recreation Town Attorney Town Justice (King) Town Justice (Klein) dep.Twn Clerk (Acocella) dep.Twn Clerk(Samela) Members of Planning Board: Reader Gonye Darsky Warrington Members of Zoning Board: Gunther Simon Members of Town Board: Price O'Flynn Ryan O'Keefe several disclosure statements have yet to be returned. Consensus no questions raised by any members no apparent conflict/appearance of conflict with disclosure statements reviewed. no issues raised. BOARDETHICSmin 2 Chair: Asks past BOE chairpersons if they had experienced problems with regard to obtaining disclosure statements. Asks if statements were sent automatically or should Chair request. discussion followed. Disclosure statements should be sent to sensitive positions after 1 January of each year. They should be received by March of each year. Chair should advise TOM to request statements after 1 January each year. Issue of Silverberg memo (copy of memo attached to minutes as part of record) issue involves a Mr. Fleming who is an architect and also serves as a member of the TOM Board of Architectural Review (BAR). Mr. Fleming has in the past recused himself when business before BAR involved his clients. Mr. Silverberg has learned that Mr. Fleming may have recently represented a party that had a matter before the BAR. Mr. Silverberg is concerned that there may be a conflict of interest arising from Mr. Fleming 'advocat[ing] for an applicant before the Board on which he serves." Mr. Silverberg request review by BOE. Reccio: asks that since TOM's Code is modelled after NYS Code the TOM BOE should review what, if anything, does the NYS Code provide as individual rights to appear before an review board such as the TOM BOB. BOE should request a copy of NYS Code from Silverberg. Chair: agrees that individual should have an opportunity to appear and address BOE. Degen/Herz also agree that individual should be given opportunity to appear if he desires. Reccio: states that since we agree that there is an issue here that needs clarification and review it would be appropriate for BOB to obtain as much information as possible prior to next meeting and review. BOE needs to have more of the "facts" of this case. Suggests three ways to obtain information: review records of BAR poll members of BAR ask Fleming if he disputes Obtaining minutes is probably most sufficient and practical. Stenographic transcripts cost prohibitive and polling members may be uncomfortable. Interviewing Fleming would not satisfactorily answer all questions. All present: agree to obtain minutes from BAR meeting, and subsequently schedule next meeting. Reccio: states that this activity may fall under 524-5(g) Representation of private interests before the town. Degen: Part in question relates to 'employee[s] in sensitive positions." Chair: Raises issue of whether members of the BAR should be added as sensitive positions under the code. Chair states that she will review matter with Silverberg/Price before next meeting. May not be necessary. Degen: It seems clear that it was improper for Fleming to represent a client before the board of which he is a member. We must be able to work within the code to remedy situation, if only by censure. 6 BOARDETHICSmi.n 3 Reccio: According to facts, Fleming can be characterized as 'employee' and thus falls under 524- 5(a) Conflicts of interest and §24-5(b) Improper conduct. This issue needs to be resolved. Chair: Will write to Fleming and get minutes from meetings where Fleming represented others before BAR. No meeting scheduled meeting adjourned at 8:35 PM all discussions paraphrased for brevity and clarity RPD