Board Members Present:  Doris Friedman, Esq.; Christopher Cuomo, Esq.; Craig Zumsteg; Blase Spinozzi
Volunteer Counsel:  Joseph Malara, Esq.
Also Present: 
Thomas Bock; Hal Samis; Ella Preiser; Lucas Cioffi, William Greenawald, Mary Walrath, Lorraine Canatori

1.  The meeting was convened at 6:34 p.m.  A quorum of the Board of Ethics was present.

 

2.  Adopted the Agenda.

 

3. Adopted the minutes of the June 25, 2019 meeting.

 

4. FINANCIAL DISCLOSURE FORMS: 

As per email from David Fried dated 7/23/19, Blase Spinozzi reported as follows:
Management (Appointed & Elected Officials):Forms sent 50, Forms Returned 49 (98%).
Boards & Commissions: Forms sent 45, Forms returned 28 (62%).
 

5.  ETHICS TRAINING:

As per email from David Fried dated 7/19/19, Blase Spinozzi reported as follows:
                  No change with respect to training in that the town is fully compliant with respect to elected officials.  
                  In the fall, the town will focus on retraining appointed officials who are employees.

6. Next Meeting date scheduled 6:30 p.m., August 22, 2019.

 

7. CITIZEN COMPLAINT AGAINST COUNCILMAN KEN JONES  (Rodney Lederer-Plaskett):

The Chair, Honorable Doris Friedman, advised the public that the Board of Ethics made a preliminary determination of”good cause” to proceed with an initial Phase I Investigation.Correspondence will be sent to Mr. Jones forthwith advising him of the Phase I Investigation, and the time constraints upon him should he desire to respond to the BOE with reference to its investigation.
Mr. Cuomo reiterated his recusal in the Lederer-Plaskett complaint and volunteered that he, being an attorney, his office has had interaction with the Bozeman Law Firm, and Mr. Cuomo feels the interests of justice would be better served if he did not participate in this matter. At this time, Mr. Cuomo left the meeting.
 

8.  PUBLIC COMMENTS:

HAL SAMIS:Mr. Samis spoke about the open meeting law.
Mr. Samis went on further to inquire of the BOE as to when he will be provided with a copy of the revised Financial Disclosure Form. The Chair advised him that as soon as the Town Board acts on the proposed changes, the form will be made public.
Mr. Samis advised the BOE that Mr. Timothy Hayes was appointed to the BOE on 3/13/18 for a term of five years, and inquired as to Mr. Hayes’ absence. The Chair advised Mr. Samis that the BOE had no knowledge of Mr. Timothy Hayes’ appointment.
Mr. Samis presented the board with his personal Citizen’s Complaint re Councilman Jones. Mr. Samis was advised that this is the first the BOE is aware of such complaint, and since the complaint was not received through proper channels, i.e., the Town Clerk, the BOE is unable to accept the complaint until such time as it is properly received.
 
LUCAS CIOFFI:Mr. Cioffi introduced himself to the BOE and advised the BOE that he is running for the office of Town Supervisor.Mr. Cioffi inquired as to what the BOE can do about “illegal campaign contributions,” and inquired whether the BOE had any suggestions how it can make changes in furtherance of open government.Mr. Cioffi suggested the BOE talk among themselves about revising the Code of Ethics to address issues being raised by the public.
 
The Chair thanked Mr. Cioffi for taking the time to address the BOE, and advised Mr. Cioffi that the BOE has always been and will continue to be open to valid suggestions from the public. Mr. Cioffi thanked the BOE for listening to him, and thanked the board for their volunteer service to the community.
 
ELLA PREISER:Ms. Preiser addressed the BOE in general about making changes to the BOE.Ms. Preiser inquired why the BOE waited until this meeting to proceed to Phase I of Mr. Lederer-Plaskett’s complaint.The Chair advised Ms. Preiser that the BOE was advised by Mr. Lederer-Plaskett that he will be submitting an amended complaint, and in the interest of efficiency, the BOE was waiting for the amended complaint.Absent an amended complaint, the BOE has decided to move forward on the original complaint filed on 6/12/19 to its Phase I investigation.
 
THOMAS BOCK:Mr. Bock inquired what the BOE will be doing in terms of fact finding with reference to the Phase I investigation of the Lederer-Plaskett complaint against Councilman Jones.The Chair advised Mr. Bock that we will notify Mr. Jones of our action, advise him of the time constraints imposed on him by law, and wait to hear back from him.The Chair further advised Mr. Bock and those present how the process works; that after giving Mr. Jones an opportunity to respond to the complaint, the BOE conceivably could move to Phase II, at which time the BOE will conduct its investigation into the matter. And since the BOE has subpoena power, there is the possibility the BOE may hear sworn testimony in an effort to resolve the issues alleged in the complaint.
 
BILL GREENAWALD:Mr. Greenawald advised the BOE that the public had difficulty accessing this evening’s meeting due to a mix-up with the security guard.The Chair apologized for any inconvenience to the public, and advised Mr. Greenawald that steps will be taken to ensure there will be no recurrence of this unfortunate event.
 

9. Request for Advisory Opinion 1/2019.  Matter taken under advisement.

 
The meeting was adjourned at 7:22 p.m.