MINUTES – BOARD OF ETHICS
Thursday, September 24, 2020
Zoom Conference
 
Board Members Present:  Doris Friedman, Tim Hays, Blase Spinozzi, Trudy Holand
Volunteer Counsel Present:  Joseph Malara
  1.  The meeting convened at 5:02 p.m.  A quorum was present.
  2. The Chair welcomed the Board and members of the public.
  3. Agenda adopted.
  4. Minutes of July 23, 2020 meeting adopted.
  5. The Chair commented that the Town Board was interviewing potential new members to the Board of Ethics.  At this time no other information was available, but the BOE is hopeful to fill David Schwartz’s vacancy, and possibly appoint an alternate.
 
The Chair commented that filling vacancies was complicated by the fact that Chapter 570-11 (B).
Which states, in part, “Such Board of Ethics shall not be constituted of a majority of any political party.”
 
The Chair commented that this section of the Code was an obstacle in filling vacancies to the BOE.The Chair further said that when written into the Code, although well intended, it may be somewhat archaic in today’s world and would like to explore the possibility amending the Code to modify and/or delete this section of the Code.
 
The Chair pointed out that the BOE is powerless to change the Code on its own, but can make recommendations to the Town Board of possible amendments to the Code.The Chair requested the BOE to think about this until the next meeting, and would welcome public input on this issue at its next meeting as well.
 
  1.  Ethics Training:  David Fried reported that there is 100 percent compliance with Ethics training among elected officials.  Commissions and Boards are at 44 percent at this time.
 
Mr. Fried said it would facilitate matters if the Ethics Training course was done online by way of a PowerPoint presentation, which Mr. Fried prepared and shared with the BOE.
The BOE raised concerns how the Town will verify the training was actually completed and not merelyclicking through the PowerPoint presentation.
 
Mr. Fried said he would work on this and report back to the BOE at its next meeting.
 
  1.  Financial Disclosure:  Mr. Fried reported that the Town was at 100 percent compliant with the filing of Financial Disclosure Forms with the exception of three Board & Commission members.
 
The Chair informed Mr. Fried that the BOE will send a reminder letter by way of the USPS to the three individuals who have not yet filed their Financial Disclosure Forms, reminding them of the requirement to comply with the Code.
 
  1.  With reference to the two complaints pending before the BOE, the Matter of Bodin v. Sheehan and the Matter of Samis v. Jones, the Chair inquired of Mr. Bodin and Mr. Samis as to whether they had anything additional to add to their complaint before the BOE deliberated.  Both declined to speak.
 
At this time the Chair inquired of Mr. Sheehan whether he would like to comment before the BOE deliberated on the complaint filed against him.Mr. Sheehan pointed out to the BOE that Mr. Bodin had not cited any section of the Code of Ethics that he was in violation of.In addition, Mr. Sheehan advised the board that one of the matters Mr. Bodin was newly raising dealt with an alleged absent video of a meeting that took place in 2002.
 
  1.  Upon motion of the Chair, the BOE moved into Executive Session at 5:29 p.m.
  2. Upon completion of Executive Session, the BOE resumed its open meeting at 6:04 p.m.
 
The Chair announced that during Executive Session, the BOE discussed the Bodin and Samis complaints.
 
Based upon deliberations during Executive Session, Mr. Hays made a motion that the complaint against Mr. Sheehan be dismissed due to the failure of the complainant to state a violation of the Code of Ethics.The motion was unanimously carried by the members of the BOE and the complaint in Bodin v Sheehan was dismissed.The Chair announced written opinion will follow.
 
Based upon deliberations during Executive Session, the Chair made a motion to dismiss the complaint against Mr. Jones with prejudice based upon several reasons which the Chair read aloud.The motion to dismiss was unanimously carried by the BOE.The Chair again announced written opinion will follow.
 
  1.  The Board scheduled its next meeting at 5 p.m., Thursday, October 15, 2020, to be conducted by way of Zoom Videoconference.
 
  1.  Meeting adjourned at 6:16 p.m.
 
Submitted by:Trudy Holand, Secretary