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MINUTES
Town of Greenburgh Board of Ethics
Tuesday, May 7, 2019, 6:00 p.m.
Town Hall
Lee F. Jackson Conference Room

Board Members Present: Doris Friedman, Esq., Blase J. Spinozzi, Craig Zumsteg, Chris Cuomo, Esq. (via iPhone)

Volunteer Counsel. Joseph Malara, Esq.

Also present: Hal Samis

  1. Meeting was convened at 6:33 p.m. A quorum of the Board of Ethics was present.
  1. Adopted the Agenda. (Unanimous)
  1. Adopted the minutes of the March 5, 2019 meeting. (Unanimous)
  1. Recent Communications from Hal Samis.

Financial Disclosure Form. Mr. Samis pointed out what he perceived as insufficiencies in the FDF. The Board at the March 5, 2019 meeting took Mr. Samis’ opinions into consideration and issued a modified version of the FDF.

While the BOE has recommended a change in the Financial Disclosure Form, any such change is at the discretion of the Town Board. The Town Board has not acted upon the BOE’s request to change the form as of this time. Chair Friedman will remind Supervisor Feiner of the proposed change.

Mr. Samis expressed in his view that the BOE was powerless to do anything without the Town Board’s approval. While being assured that was not the case, he continued that the BOE should petition the Town Board and/or the public for more independence from the Town Board.
In addition, Mr. Samis found fault with the Financial Disclosure Forms which are to be filed annually by all Management, Appointed and Elected Officials, and all Board and Commission members, even though he has not as yet seen the proposed revisions to the FDF.

In addition, Mr. Samis requested the BOE revisit a matter brought by him in 2008 and finally resolved by the then BOE in 2011.

After listening to Mr. Samis’ requests, the BOE went into Executive Session.

Conclusion of the Board re Mr. Samis’ suggestions:

While this was not a formal complaint, Mr. Samis recommended that the BOE confront the Town Board about the powers delegated to the BOE.
This board concluded that any such request as suggested by Mr. Samis is a legislative matter to be taken up by the Town Board and not by the BOE. We can only recommend statutory changes to the Town Board, we cannot pass them.

Further, the BOE advised Mr. Samis that he is mistaken about the limitations of the BOE’s authority. Both Chair Friedman and Board Counsel Malara succinctly outlined the powers and independence of the BOE.

Finally, the 2008 matter alluded to by Mr. Samis has long been decided, and is not a matter that this board has any desire nor authority to reconsider.

  1. Report on Financial Disclosure Forms. David Fried advised us through email dated 5/6/19, Financial Forms received were as follows:
Management-Appointed and Elected Officials: 43% (51 sent, 22 returned.)
Boards and Commissions: 17% (41 sent, 8 returned.)
  1. Nothing to report on Ethics Training at this time.
  1. Public Comments. Comments of Mr. Samis reported above.
  1. Vote on any matter postponed by the BOE. (Noted above in Board’s Conclusions)
  1. Voting on any matter postponed by BOE. (None.)
  1. Next meeting scheduled 6:30 p.m., Tuesday, June 25, 2019.

Meeting adjourned at 7:38 p.m.

Submitted by:

Blase J. Spinozzi,
Secretary
             

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