MINUTES
BOARD OF ETHICS
Thursday, June 24, 2021
Zoom Conference
Board Members Present: Michael D’Alessandro, Tim Hays, Trudy Holand, Secretary, Claire Pizzuti, Esq.,
Blase Spinozzi, Chair
Volunteer Counsel: Joseph Malara, Esq.
- The meeting commenced at 5:04 p.m. A quorum was present.
- The Chair welcomed all present at the meeting.
- The Chair informed all present that going forward, as per the governor’s order on open meetings, our next meeting will be held at Greenburgh Town Hall.
- The Chair also advised that a request for an advisory opinion was sent to the BOE after the agenda had been posted, and the Chair was adding this request to the agenda of tonight’s meeting.
- The agenda was unanimously accepted.
- The minutes of the May 20, 2021 meeting were unanimously adopted.
- Financial Disclosure Form update. The date for all Financial Disclosure Forms to be returned was May 15th, 2021. As of this date, it has been reported to the Board of Ethics that there were eight outstanding FDFs. As per the COE, those who have not timely filed are granted a 30-day extension to file their FDF. Those not filing by that date, the Town Clerk is charged with the responsibility of sending them letters as to their obligation to file.
As of this date, The BOE has not heard from the Town Clerk as to the status of these letters being sent.
- Amendment to COE Section 570-8. The Chair informed the BOE that the Town Board as of this date has taken no action on this amendment. Mr. Sheehan, who was in attendance, interjected and apologized to the BOE for the Town Board’s inaction in this matter, and assured the BOE that the matter will be taken up at the next meeting of the Town Board and set for a public hearing.
- Correspondence. The BOE was in receipt of two emails from Hal Samis. The first email dated 6/3/21 consisting mainly of Mr. Samis’s critiquing the minutes of the BOE’s April meeting.
The Chair responded that it is the Secretary’s duty to take and transcribe the minutes in any format that is consistent with the duties of that office.
The second correspondencereceived was a nine-page email from Hal Samisdated 6/23/21 at 2:53 a.m., and superseded by ten-page email dated 6/23/21 at 4:26 p.m., in which Mr. Samis apologized for any typographical errors in the previous email.
In this second correspondence Mr. Samis notes , “…I am sending this writing to the BOE by email to put it on notice that it is my intention to pursue a number of issues in the coming months, either by Correspondence, Public Comment or Open Discussion at either meetings of the BOE or Town Board (meetings and/or Work Sessions) with the hope that some resolution of my issues can be found short of initiating Article 78 proceedings and/or in concourse with disclosure to local and social media.”
In this email, Mr. Samis has once again alluded to reopening a matter that the BOE has twice decided.The Chair informed Mr. Samis that his repeated requests not only were in violation of the Constitutional rights of the subject of the previous decisions, but was also at this point being repetitious and in violation of the Rules of the BOE dealing with repetition and obstructionism, and any future requests to revisit this matter will not be considered by the BOE.
- The BOE was in receipt of an email in which Paul Feiner requested an advisory opinion as to whether he could accept an unsolicited contribution made to his campaign from a then-sitting member of a board in the Town of Greenburgh.
After discussion amongst the BOE, and relying on the facts as stated that the contribution was purely unsolicited, the BOE unanimously agreed there was no proscription in the COE preventing Mr. Feiner from accepting this campaign contribution. A formal written opinion will follow, to be voted on at the next meeting of the BOE.
- Mr. Sheehan addressed the BOE wherein raising the possibility of the Town Board seeking an advisory opinion on issues relating to the reporting of LLCs on building permits. A discussion ensued, but no opinions were rendered by the BOE. The BOE suggested that Mr. Sheehan and/or the Town Board formalize a request for an opinion, at which time the BOE would give it its total consideration.
- Date for next meeting, 6:30 p.m., Thursday, July 22, 2021 (Town Hall).
- Meeting adjourned at 5:52 p.m.
SUBMITTED BY:
Trudy Holand, Secretary
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