1 00:00:03,890 --> 00:00:07,370 Copy. Yeah, that'd be great. Thanks. 2 00:00:13,900 --> 00:00:25,680 Thank you, charity. Good morning, everybody. I'm going to call the Board of Ethics meeting for Monday, February 3rd to order at 9.03. 3 00:00:29,480 --> 00:00:36,500 And ask for a motion to adopt the agenda. I'll move. Move to. Any agenda. 4 00:00:37,260 --> 00:00:38,560 Can I have a second? 5 00:00:40,990 --> 00:00:41,310 Second. 6 00:00:43,560 --> 00:00:44,620 On the agenda, Brett? 7 00:00:46,240 --> 00:00:46,700 Yes. 8 00:00:49,950 --> 00:00:50,250 Ed? 9 00:00:50,490 --> 00:00:50,810 Yes. 10 00:00:53,670 --> 00:00:55,730 Obviously, we're getting one out. 11 00:01:09,240 --> 00:01:11,120 But for my memory, 12 00:01:14,150 --> 00:01:21,270 at the last meeting, I asked that on the agenda it would be the issue of the 13 00:01:24,230 --> 00:01:31,070 open at members and their duties or responsibilities. 14 00:01:33,340 --> 00:01:37,100 We didn't have time to address them at the 15 00:01:37,100 --> 00:01:41,980 last meeting. I asked the people at this meeting, and I don't see it. 16 00:01:44,780 --> 00:01:45,740 I asked the people at 17 00:01:45,740 --> 00:01:45,900 them. 18 00:01:57,200 --> 00:01:59,240 Any other comments on the agenda? 19 00:01:59,720 --> 00:01:59,920 Yes. 20 00:01:59,920 --> 00:02:11,320 Yes, I would like to alter the order of the agenda so that we complete what we did not complete last time, which is the selection of officers. 21 00:02:13,860 --> 00:02:23,780 And I also think that it would be appropriate to deal with the alternate proposal. 22 00:02:27,140 --> 00:02:34,860 made before we deal with the amendments. And I'm assuming, finally, that the amendments 23 00:02:37,300 --> 00:02:39,840 discussion will include profits. 24 00:02:46,670 --> 00:02:53,690 My own view is that I think we should continue to complete the issues that we've been dealing 25 00:02:53,690 --> 00:02:58,810 with for many months and get this over the line. And then we should follow the – and 26 00:02:58,810 --> 00:03:03,690 And accordingly, I think we should just follow the agenda as is because I think the other items are. 27 00:03:05,830 --> 00:03:12,910 I just feel like there are distractions at this point from actually getting the proposals that we have in front of us that are very close to having one. 28 00:03:13,870 --> 00:03:20,130 I totally agree that we should address both issues during this meeting. I just think we should go in the order that we have here. 29 00:03:20,450 --> 00:03:20,770 I 30 00:03:23,590 --> 00:03:26,410 assume no one has a timeline when they have to leave. 31 00:03:27,690 --> 00:03:31,830 That's why I asked about 11, sometime around 11. 32 00:03:32,210 --> 00:03:37,330 So if you guys are going to hold this all off the chair for more than two hours. 33 00:03:37,730 --> 00:03:39,450 In that case, my point is moved. 34 00:03:39,810 --> 00:03:40,250 Excellent. 35 00:03:44,340 --> 00:03:44,940 And 36 00:03:47,110 --> 00:03:56,930 in the interest of time, I had left the duties of alternates off the new agenda item, 37 00:03:56,930 --> 00:04:03,690 But we can certainly add that because it doesn't look like, it looks like we'll be able to get to that. 38 00:04:04,010 --> 00:04:11,530 I would recommend that it, you know, we finish our old business before we add a new business to it. 39 00:04:11,590 --> 00:04:15,410 So we can put it in as an item of new business. How's that? 40 00:04:18,260 --> 00:04:21,420 I don't believe it's new business. I believe it's old business. 41 00:04:22,200 --> 00:04:30,480 Well, certainly relative to the prep of the recommended code amendments, which we've been dealing with for 14 months. 42 00:04:31,500 --> 00:04:34,580 Well, we've been dealing with open it's for 10 years. 43 00:04:35,140 --> 00:04:40,320 We have never put this in a meeting and I think it's time that we adjust that. 44 00:04:40,780 --> 00:04:41,680 All right. 45 00:04:43,100 --> 00:04:48,660 So, with the one of ruling on that, if you don't mind a ruling on. 46 00:04:48,660 --> 00:04:55,900 I'm asking that that item be moved forward on the agenda. 47 00:04:56,680 --> 00:04:57,420 Okay. 48 00:04:57,660 --> 00:05:00,320 I would suggest that it go on your new business item B. 49 00:05:05,070 --> 00:05:16,010 I believe that if we take a vote on anything prior to considering the alternate situation, 50 00:05:16,010 --> 00:05:28,350 and the vote comes up high that we need to have a break in whatever that item is and deal 51 00:05:28,350 --> 00:05:29,810 with the alternate situation. 52 00:05:31,070 --> 00:05:39,710 Otherwise, until we come to a vote, which is 2-2, if we don't have a vote before we 53 00:05:39,710 --> 00:05:48,650 deal with the item that Mr. Lieberman suggests, then it is easy to put it off to new business. 54 00:05:49,290 --> 00:05:57,050 If, however, we have to vote on something and have a two-to-two vote, then that item should be 55 00:05:57,710 --> 00:06:02,350 delayed until we deal with Mr. Lieberman's ultimate suggestion. 56 00:06:03,390 --> 00:06:05,370 But we have five people here. 57 00:06:05,370 --> 00:06:25,670 If we end up with a 2 to 2 vote is all I said, suppose someone is disqualified, I don't expect it to happen. I'm simply saying that it is not an issue unless we have a 2 to 2 vote as to whether we do it to this minute or 2 hours from now. 58 00:06:27,710 --> 00:06:34,950 Yeah, my view is that there's quite a bit of discussion that we should have about that particular topic, which I think is an interesting topic. 59 00:06:36,230 --> 00:06:41,750 And one that I had not previously really even thought of until Ed sent his email last week. 60 00:06:42,650 --> 00:06:46,170 So I've had a little bit of time to think about it, but I do think that we should. 61 00:06:47,350 --> 00:06:54,630 But we can take it up. I think we take it up under item five on the agenda. Make sure that we cover it today. 62 00:06:54,950 --> 00:07:05,690 If we need to flip the order of A and B for some reason, then obviously we can do that. But I suggest that we conclude, put it under new business and address it today. 63 00:07:06,750 --> 00:07:11,290 And I'm not disagreeing with that unless we come to a two to two vote case. 64 00:07:11,750 --> 00:07:15,290 In which case I think, you know, we have the flexibility to reconsider that. 65 00:07:15,290 --> 00:07:29,050 Okay, so with the amendment of the agenda adding item 5B, duties of all trance, we've 66 00:07:30,330 --> 00:07:37,890 got a motion on the floor all in favor of the motion to approve the agenda as amended. 67 00:07:40,970 --> 00:07:41,570 Let 68 00:07:52,160 --> 00:08:00,480 me just check on the computer to see if there aren't any anybody in the waiting room. 69 00:08:16,860 --> 00:08:24,180 So, on comments from the public, seeing no members of the public here or in the waiting room, 70 00:08:24,200 --> 00:08:29,600 that brings us to old business rep for the recommended code amendments. 71 00:08:31,800 --> 00:08:41,120 Our responsibility here is to account for and 72 00:08:43,620 --> 00:08:56,160 sort out our amendments or adjustments of the recommended 73 00:08:56,160 --> 00:09:04,160 coad amendments taking into account the work session and the comments of the town board. 74 00:09:08,880 --> 00:09:14,840 That's the focus. So I'm going to try and keep us 75 00:09:17,640 --> 00:09:26,100 focused on that agenda to deal with the comments of the board on our work session. In other words, 76 00:09:26,100 --> 00:09:34,520 I don't want to get into new recommendations for proposal to amend the code. 77 00:09:35,380 --> 00:09:37,980 That will happen at 5B. 78 00:09:39,060 --> 00:09:46,900 And we can talk about other amendments to the code for when we get to topics for future 79 00:09:46,900 --> 00:09:47,440 agendas. 80 00:09:47,640 --> 00:09:55,320 But I want to stick to our task of adjusting our recommendations, which we've been back 81 00:09:55,320 --> 00:09:59,840 and forth and back and forth and back and forth. We got a final recommendations. They went to the 82 00:09:59,840 --> 00:10:05,260 board. The board had comments. We can adjust our recommendations based on those comments, 83 00:10:05,360 --> 00:10:13,160 but I don't want to get back into a discussion of whether or not we should change something 84 00:10:13,160 --> 00:10:23,900 unless it was per the discussion at the work session. Is that fair? Anybody have any objection 85 00:10:23,900 --> 00:10:35,220 to that? Okay, so with that, let's go through the Board of Ethics Code Revision 86 00:10:35,220 --> 00:10:43,760 Recommendations. The document is dated 10-29-20. I'm sorry, check that. 11-6-24. 87 00:10:46,040 --> 00:10:51,840 And we'll start with the first, which is eligibility for appointments to the 88 00:10:51,840 --> 00:10:52,160 board. 89 00:10:55,000 --> 00:11:03,920 And let me just for our viewing public, assuming there are some, to 90 00:11:03,920 --> 00:11:08,080 summarize it and to go 91 00:11:11,310 --> 00:11:15,150 from there. It's basically that no member of the town board 92 00:11:15,150 --> 00:11:20,570 department had her consultant to the board, including without limitation of 93 00:11:20,570 --> 00:11:26,330 county attorney may hold an office of voting or leadership 94 00:11:26,330 --> 00:11:31,250 position in a political party or committee within the town as 95 00:11:31,250 --> 00:11:33,690 those terms are defined under state law. 96 00:11:41,170 --> 00:11:44,130 Anybody have any comments about that, Sue? 97 00:11:45,230 --> 00:11:51,490 I believe what we're doing is consistent with proper practice 98 00:11:51,490 --> 00:12:02,950 And it is consistent with the requirement on your State Law, Part 932.4, of the state regulations. 99 00:12:04,350 --> 00:12:14,410 The policy makers, heads of state agencies, and statewide elected officials are prohibited from engaging in certain outside political initiatives. 100 00:12:16,450 --> 00:12:23,530 specifically serving as a member officer, director, board member, or district leader of any party committee. 101 00:12:25,730 --> 00:12:37,190 And if that's the law for people working for the state of New York, I do not see why we should have a more lenient rule. 102 00:12:39,150 --> 00:12:47,830 specificity title 19 NYC RR part 932.93 2.4 and I can quote the whole thing but 103 00:12:47,830 --> 00:12:52,750 unless Sue can I shortcut this because I think I have a short the only comment 104 00:12:52,750 --> 00:12:57,670 or objection that the town board had was a supervisor suggesting that it was 105 00:12:57,670 --> 00:13:05,250 unconstitutional correct this has been upheld I don't see no no no the 106 00:13:05,250 --> 00:13:07,250 I'll give you the constitution. 107 00:13:07,370 --> 00:13:09,190 No, no, no. I don't want the constitution. 108 00:13:09,510 --> 00:13:20,710 I want to focus on the only comment that the town board had on this in terms of an objection, I believe, was the supervisor saying that it was unconstitutional. 109 00:13:22,690 --> 00:13:23,250 And. 110 00:13:23,970 --> 00:13:24,750 May I? 111 00:13:24,910 --> 00:13:28,790 Right. Were there other objections or comments that the town board had? 112 00:13:30,830 --> 00:13:33,690 If you'd like me to address the constitution. 113 00:13:33,690 --> 00:13:37,530 No, I don't. I want to know if there are any other, okay. 114 00:13:37,570 --> 00:13:40,830 I'm trying to say that there's precedent and it's constitutional. 115 00:13:41,210 --> 00:13:47,210 All right, and I'm going to say that I met with the supervisor who retracted his objection. 116 00:13:47,570 --> 00:13:53,270 Apparently, there was a lot of back and forth between you and the supervisor on this topic, 117 00:13:53,270 --> 00:14:01,530 And he was in clarifying whether or not he was going to attend today's meeting. 118 00:14:01,770 --> 00:14:09,330 I asked him about, you know, who was going to get a legal opinion for the constitutional 119 00:14:09,330 --> 00:14:11,530 question, and he withdrew it. 120 00:14:12,010 --> 00:14:20,770 So I think that this section, without that objection, there were no other comments 121 00:14:20,770 --> 00:14:26,990 or concerns raised by the town board. So I would think we can move forward on this. 122 00:14:27,510 --> 00:14:33,170 I don't want to lengthen this unnecessarily, but just for the record, my discussion on the 123 00:14:33,170 --> 00:14:42,510 constitutionality with Mr. Noam. Okay. Right, but I think the point is, is that I think we have 124 00:14:42,510 --> 00:14:47,770 already determined as this board through our consensus, we think this is worth putting 125 00:14:47,770 --> 00:14:53,010 in front of the town board in an official capacity and if three of the five members of the town 126 00:14:53,010 --> 00:14:58,270 board think this is good it will go into law if three of the five members do not think that this 127 00:14:58,270 --> 00:14:59,970 is should be in the law that 128 00:15:00,000 --> 00:15:06,720 It will not, but I think our business is done with this particular provision. Is there an agreement there? So beautiful. 129 00:15:07,360 --> 00:15:29,100 And with one note, any comments that we have or the amendments to what we presented to the board that don't take into account the board's comments are things that we need to do at the public hearing. 130 00:15:29,100 --> 00:15:33,160 because we need to get this before the board and start a public hearing. 131 00:15:36,300 --> 00:15:38,460 And I'll give a four example. 132 00:15:40,660 --> 00:15:50,440 It has been brought to my attention that the way the language is crafted in this is a little 133 00:15:50,440 --> 00:16:00,760 and artful. In other words, it arguably would present, you know, sense you can't vote in a 134 00:16:00,760 --> 00:16:08,900 political party in the town, meaning you go and on November or whatever and you pull a lever 135 00:16:08,900 --> 00:16:19,700 or you allow the circle. What we intend is that you can't hold a position as a party officer 136 00:16:20,440 --> 00:16:27,220 And that term party officer is also defined under New York State election law. 137 00:16:27,540 --> 00:16:48,640 So I would be in favor of taking this up at our next meeting where we prep for the public hearing and discuss this among our board so that we are amenable to, you know, 138 00:16:48,640 --> 00:17:05,340 When we shepherd this through the town board, we say, you know, that that sounds like a good fix to the concern because there will be people at the public hearing, you know, raising these issues, I'd expect. 139 00:17:05,340 --> 00:17:14,100 Can you amplify how the clause could possibly be interpreted the way that you suggest? 140 00:17:15,480 --> 00:17:20,220 No member may hold an office, vote, 141 00:17:24,010 --> 00:17:32,030 voting, or leadership position in a political party. 142 00:17:32,030 --> 00:17:32,650 What 143 00:17:37,840 --> 00:18:02,720 we really mean is in a political committee as the terms and also it should I believe it should say may be a party officer or hold a leadership position and that's better language because party officers will find in state law. 144 00:18:02,720 --> 00:18:21,460 And so, you know, that's, we don't need to belabor this now because it really is for next meeting, but it is a fix to this apparent confusion or overbred of this. 145 00:18:21,460 --> 00:18:37,040 And it doesn't change the substance, it just clarifies exactly what, you know, we intend is that they can't be a party officer or be in the leadership position. 146 00:18:39,060 --> 00:18:41,440 Do you want to circulate your suggestions? 147 00:18:41,780 --> 00:18:44,340 Yeah, you know, in advance of the next meeting, sure. 148 00:18:45,620 --> 00:18:56,780 So that moves us to 27-6, which is the disclosure of interest in legislation and other matters. 149 00:18:57,000 --> 00:19:00,260 And that is the material 150 00:19:03,100 --> 00:19:06,420 change there was the prohibition on voting. 151 00:19:06,740 --> 00:19:11,760 But I'll try and summarize it for the benefit of anybody watching. 152 00:19:12,440 --> 00:19:18,540 no member of the town board or appointed member of a town board or committee who is a candidate 153 00:19:18,540 --> 00:19:24,480 for election to the town board and shall participate or vote on any matter which materially and 154 00:19:24,480 --> 00:19:29,740 directly benefits a political supporter who contributed more than $500 in the aggregate 155 00:19:29,740 --> 00:19:32,540 to that board member or candidate's election campaign. 156 00:19:33,480 --> 00:19:52,480 This was the subject of the Karthi letter, so it would be appropriate for us to deal with the Karthi letter here, but maybe at our next meeting, if we're going to recommend changes to this. 157 00:19:52,480 --> 00:20:05,140 But I don't think that there were material objections that came from the town board on this. 158 00:20:05,340 --> 00:20:08,520 In fact, it was, I think, fairly well received. 159 00:20:09,200 --> 00:20:19,900 The Karthi letter points out an issue that I frankly think should be dealt with in a public hearing and not by this board. 160 00:20:23,370 --> 00:20:29,050 So, if anybody, I'll open the floor for comments. 161 00:20:29,960 --> 00:20:37,910 Certainly the Karthi letter I would expect to be dealt with at a public hearing. 162 00:20:39,880 --> 00:20:40,370 However, 163 00:20:42,510 --> 00:20:45,270 I think that I 164 00:20:48,370 --> 00:20:54,330 would like to express my view of Karthi's view. 165 00:20:54,330 --> 00:21:01,740 but isn't that for our next meeting if we're talking about what we're going to 166 00:21:01,740 --> 00:21:13,360 do in public hearing? Okay. And that is that what Parthi is advocating would it 167 00:21:13,360 --> 00:21:21,680 seem to me to be contrary to the general policy of disclosure of political 168 00:21:30,200 --> 00:21:48,340 So it encompasses or suggests a general objection to current public policy, because leave them with war. 169 00:21:48,720 --> 00:21:49,200 Okay. 170 00:21:51,740 --> 00:22:15,400 My own view, I think I agree, I guess I agree with both of you to some degree or maybe to a lot of degrees, but in reading the letter, my initial reaction was, is there's anything in here that suggests there's some, and I'll use these words but not legally sue, but more like a miscarriage of justice, right? 171 00:22:15,400 --> 00:22:30,140 Did we do something basically on accident in our drafting that would be embarrassing for us to go in front of the town board such that we should revise that now based on the comments that you all had during the work session? 172 00:22:30,780 --> 00:22:43,160 I thought Mr. Carthy's letter was sort of expressing an alternative view to where this body reached with respect to this recommended provision. 173 00:22:43,160 --> 00:22:59,860 And so my own view is that, as I think you said and I think as you said, which is, I think he raises legitimate concerns that he should advocate to the town board when the town board has this in front of them as opposed to advocate to us at this stage of the process. 174 00:23:00,120 --> 00:23:05,260 And whether the town board agrees with him or with these changes, that is all part of the public debate. 175 00:23:05,260 --> 00:23:13,380 So I would think it's good to have we can get back to Mr. Carti, I think, and say thank you for your letter. 176 00:23:13,720 --> 00:23:27,880 You know, advise him that, you know, at some point that there'll be a public hearing on these recommendations and we welcome him to, you know, share these views with the members of the town board who will be ultimately deciding on whether or not to codify these recommendations. 177 00:23:29,180 --> 00:23:32,720 I don't think he addressed that to us or copy us. 178 00:23:33,780 --> 00:23:35,860 I think that came from the town clerk. 179 00:23:36,220 --> 00:23:39,080 So he sent it to Allison. 180 00:23:39,720 --> 00:23:43,400 So the letter wasn't even to the Board of Ethics. 181 00:23:43,520 --> 00:23:47,760 I think that I didn't even pick up on that after Brett had sent it. 182 00:23:47,860 --> 00:23:55,140 So yeah, so in that case, I don't think that there needs to be a response from this body to him since he has not engaged this body. 183 00:23:55,140 --> 00:24:06,740 And that's fine. Like he's basically preemptively raised some issues on an issue that hasn't even reached the town board in official capacity, but maybe you're not ready for be ready for that's great. 184 00:24:06,980 --> 00:24:07,220 Okay. 185 00:24:08,080 --> 00:24:14,920 And again, I don't see any gross miscarriage of justice in the current drafting of the recommendation, whether or not it's approved or not. 186 00:24:14,920 --> 00:24:19,400 Time will tell. Looks like Zay has a comment. 187 00:24:20,000 --> 00:24:20,280 Thanks. 188 00:24:30,470 --> 00:24:44,930 I'm not out of any one way or the other, but I think at the town board meeting, the concern was raised about whether this provision, about not voting, the delay would take effect only after the next election cycle. 189 00:24:45,050 --> 00:24:50,670 So if you're discussing concerns raised by the town board, that might be one you want to at least think about. 190 00:24:50,670 --> 00:25:10,130 Thank you for raising that because that's 100% correct. In terms of the substance of this, there were, I don't believe there were any objections, but there was a consensus that it would not take effect until the end of the current election cycle. 191 00:25:10,830 --> 00:25:14,010 I don't think we have any intentions either in that correct. 192 00:25:15,750 --> 00:25:42,050 Yeah, it would when these are drafted and sent to the town board they have to be sent both in a black line form and in complete form and the language in that and both of those has to say this provision this particular provision would not take effect until 193 00:25:42,050 --> 00:25:50,490 x-state whereas everything else takes effect as soon as the town board passes 194 00:25:50,490 --> 00:25:53,830 it and it goes to the state and is accepted by the state. 195 00:25:57,050 --> 00:25:58,110 Thanks for that 196 00:25:58,730 --> 00:26:02,610 point. Okay that 197 00:26:14,640 --> 00:26:22,340 brings us to number three. 27 point dash 6e failure to file 198 00:26:22,340 --> 00:26:26,260 campaign finance disclosure statements shall constitute a violation of this 199 00:26:26,260 --> 00:26:33,580 co-advantics. I don't have any notes indicating that the town board had any 200 00:26:34,120 --> 00:26:41,380 objection or comments with this. If anybody else has a different recollections, 201 00:26:41,580 --> 00:26:53,300 okay. So that moves us to number four new section 27-6f and that is to 202 00:26:53,300 --> 00:27:11,160 obligate anybody who makes an application. I'm sorry, I'm just going back on section three. I assume that what we mean there, it's failure to file campaign finance disclosure statements within the legally required timeline. 203 00:27:14,720 --> 00:27:22,180 I guess I'm asking from a, when does it become a violation of the ethics code? 204 00:27:23,560 --> 00:27:29,780 Yeah, it becomes a violation of state law if you don't make the state deadlines, right? 205 00:27:30,240 --> 00:27:38,820 So that would be in the case of somebody running for office, you're obligated to file three times a year. 206 00:27:40,080 --> 00:27:49,000 And it's typically a month before, a week before, and a month after the election, something along those lines. 207 00:27:49,000 --> 00:28:05,640 And that would be a violation of state law, but if they filed later, that we're not saying a violation of state law is a violation of the code because we're not interpreting state law. 208 00:28:05,800 --> 00:28:11,580 We're saying if you don't file, but your question is if you don't file when? 209 00:28:12,220 --> 00:28:17,700 I'm asking when, when has someone violated the ethics code based on this provision? 210 00:28:17,860 --> 00:28:30,060 And by the way, like I apologize, I don't want to drag us down. I had a lot of thoughts on this and I'll raise a lot of issues when we raise this back in the day. It's just, again, putting the lawyer hat on a little bit here, which I don't do so much anymore. 211 00:28:30,320 --> 00:28:32,860 I'm like, well, when, like when is this triggered? 212 00:28:32,860 --> 00:28:55,240 I think we should hold that conversation for our next meeting when we will discuss how we're going to react to recommendations for amendments to this, or should we point it out to the town board? 213 00:28:55,240 --> 00:29:04,840 or if we have clarifying language that we would like to add to this, it would be in the context of a public hearing. 214 00:29:07,250 --> 00:29:12,650 We could make a fairly simplistic change we can consider at our next meeting, 215 00:29:13,030 --> 00:29:23,210 which is failure to wild campaign finance disclosure statements as required or within the time period required. 216 00:29:23,210 --> 00:29:25,670 I'm not asking to discuss it right now. 217 00:29:26,770 --> 00:29:29,370 By state or shall constitute. 218 00:29:30,110 --> 00:29:30,210 Yeah. 219 00:29:31,130 --> 00:29:34,310 You may recall, David, that I had originally proposed 220 00:29:34,310 --> 00:29:38,470 language that said failure to file 221 00:29:38,470 --> 00:29:41,850 after being notified by the Board of Ethics. 222 00:29:42,510 --> 00:29:45,770 Failure to file within 30 days of being notified 223 00:29:45,770 --> 00:29:47,370 by the Board of Ethics. 224 00:29:47,750 --> 00:29:50,410 That would constitute a violation of code 225 00:29:50,410 --> 00:29:54,990 And that didn't, do you wanna discuss that now or later? 226 00:29:55,410 --> 00:29:57,270 No, I think we should discuss it later 227 00:29:57,270 --> 00:29:59,870 because we presented that we gotta move this. 228 00:30:00,000 --> 00:30:11,800 To the town board and, you know, move it to the public hearing phase. And I think that it's really important to air all this stuff at a, at a public hearing. 229 00:30:14,700 --> 00:30:21,400 And, you know, and we can be prepared with simplistic language at our next meeting. 230 00:30:29,120 --> 00:30:35,820 Yeah, I just wasn't sure whether there was, we wanted to clarify it now, but if we want to do the next meeting, that's fine as well. 231 00:30:36,760 --> 00:30:45,800 Yeah, I don't want to slow us down. Right. Because somebody who fails to file for years gets wind that the ethics board is looking at it in files. 232 00:30:47,180 --> 00:30:52,080 Before we do anything. I mean I guess does this have the ethics board in the 233 00:30:52,080 --> 00:30:59,320 position of basically monitoring those deadlines for each elected official and 234 00:30:59,320 --> 00:31:05,460 candidate and the day after if the ethics board who's monitoring this doesn't 235 00:31:05,460 --> 00:31:11,220 see anything does it go and slap the candidate or town board member or 236 00:31:11,220 --> 00:31:15,660 elected official with a notice of violation of the ethics code. 237 00:31:16,380 --> 00:31:16,920 Penny? 238 00:31:17,440 --> 00:31:17,600 Yeah. 239 00:31:17,900 --> 00:31:22,940 My thoughts are, you know, we should really fight right now because the real problem is 240 00:31:23,620 --> 00:31:28,900 that someone might come back and say, we're playing favorites here, and we said, this 241 00:31:28,900 --> 00:31:33,160 person did this, but we never looked at this person, so I would have fun, pass rules 242 00:31:33,160 --> 00:31:38,060 on you, see if it flies when you send it over to the board, and that's it. 243 00:31:38,060 --> 00:31:41,340 I mean, I think your last language was, you know, 244 00:31:41,380 --> 00:31:44,660 as you put in like a 30-day period on a certain time period, 245 00:31:44,940 --> 00:31:47,280 makes a lot of sense to me, and then you have a lot better. 246 00:31:48,540 --> 00:31:51,540 No one could criticize later and say, you played a favorite. 247 00:31:55,220 --> 00:31:57,100 In either event, the town board is 248 00:31:57,100 --> 00:31:59,020 going to react to what we send to them 249 00:31:59,020 --> 00:32:00,800 during the public hearing portion. 250 00:32:01,040 --> 00:32:05,580 So I don't know if any changes we make 251 00:32:05,580 --> 00:32:07,800 from the time we have the work session to the time 252 00:32:07,800 --> 00:32:18,960 that we submit for public hearing is playing, will be viewed as gamesmanship with the Town 253 00:32:18,960 --> 00:32:24,580 Board, especially if we're trying to give them something that's even more baked and requires 254 00:32:24,580 --> 00:32:27,660 less back and forth with them as board. 255 00:32:27,660 --> 00:32:54,380 We got some leeway to add language to this through our liaison to the town board who was tasked with just working with the Board of Ethics to effectuate the intention of the town board as expressed in the work session. 256 00:32:54,380 --> 00:33:06,020 So we can fiddle with language, but it has to be true and faithful to what occurred during the work session. 257 00:33:06,960 --> 00:33:14,840 And I don't see any problem with having a more fulsome discussion at the public hearing on this. 258 00:33:15,260 --> 00:33:20,920 I'm fine with that. I mean, as long as we come in with a recommendation when that issue is raised 259 00:33:20,920 --> 00:33:25,980 and we say yes we've thought about that since then and here would be how we would revise that 260 00:33:25,980 --> 00:33:31,500 and the town attorney and everyone else would jot it down and probably say that sounds good. 261 00:33:31,920 --> 00:33:35,180 Suppose it's not raised, I mean what do I want to move to this one? 262 00:33:35,180 --> 00:33:37,960 And you may actually just vote us pretty quick. 263 00:33:38,500 --> 00:33:39,680 Oh Penny I think. 264 00:33:39,680 --> 00:33:43,940 No one wants to hear and maybe no one would hear you. 265 00:33:44,160 --> 00:33:47,820 Oh okay oh I'm just saying suppose it's not raised. 266 00:33:55,800 --> 00:34:05,540 Thank you. My concern is if it's not raised, and this language for names, I am concerned 267 00:34:07,560 --> 00:34:17,880 And I think the way to skin this cat, I may use that phrase, is to address it at our next 268 00:34:17,880 --> 00:34:23,720 meeting in prep for the public hearing. 269 00:34:27,340 --> 00:34:30,200 So can we move to number four? 270 00:34:30,200 --> 00:34:30,820 Sure. 271 00:34:31,320 --> 00:34:33,600 So any 272 00:34:36,540 --> 00:34:43,420 person who makes application to the town shall disclose as part of the application 273 00:34:43,420 --> 00:34:51,660 or submission campaign contributions totaling more than 500 in the aggregate made to any 274 00:34:51,660 --> 00:34:54,760 town board member or candidate to the town board. 275 00:34:55,920 --> 00:35:01,860 And also the name of any municipal officer or employee who they believe has an interest 276 00:35:01,860 --> 00:35:09,280 and the submission for the application and the paragraph 2 there says for 277 00:35:09,280 --> 00:35:13,980 purposes of this section that duty officer or employee shall be deemed to 278 00:35:13,980 --> 00:35:25,100 have an interest in A, B, C, D, ERF and A through D is currently a part of the 279 00:35:25,100 --> 00:35:27,960 definition of interest in our code and it adds 280 00:35:30,720 --> 00:35:37,800 ERF on this section is actually part of our recommendation number six 281 00:35:38,120 --> 00:35:46,280 to add two more subparts of the definition of interest to make it 282 00:35:46,280 --> 00:35:54,100 consistent with this new 27-6. So we can actually 283 00:35:55,480 --> 00:36:05,460 deal with our number four and our number six and one fell swoop because I don't think there was any objection to any of this. 284 00:36:05,520 --> 00:36:19,220 There was a question as to how this would be effectuated and the answer there is, you know, you do a little form that becomes part of the 285 00:36:19,220 --> 00:36:27,320 application questions that become part of every application, which is, you know, list 286 00:36:27,320 --> 00:36:34,060 any town board member or candidate to the town board to whom the applicant has made 287 00:36:34,060 --> 00:36:38,340 one or more campaign contributions totaling more than $500, et cetera, et cetera. 288 00:36:40,440 --> 00:36:46,680 So I don't – in summary, I don't think there were any material concerns raised 289 00:36:46,680 --> 00:36:52,600 used by this. There were a lot of questions, but ultimately no material concerns. 290 00:36:54,020 --> 00:36:57,000 Anybody have a different recollection? Okay. 291 00:36:57,120 --> 00:37:00,380 Your concern was expressed by Carthy, not by the challenge. 292 00:37:01,240 --> 00:37:07,760 Right. I think I agree. This would be part of what Mr. Carthy had concerns with. 293 00:37:07,860 --> 00:37:07,900 Right. 294 00:37:07,980 --> 00:37:11,140 But again, there'll be a proper forum for that to be raised. 295 00:37:11,140 --> 00:37:21,980 And also another topic that people can think about in advance of our next meeting is that 296 00:37:23,300 --> 00:37:26,880 some may be confused by what is an application. 297 00:37:27,620 --> 00:37:31,100 I mean, do you apply for a dog lessons, you know? 298 00:37:32,800 --> 00:37:41,780 And it really, in my mind, you know, but I have a background to administrative law. 299 00:37:42,080 --> 00:37:47,100 Applications are, you know, where you're seeking approval that requires discretion. 300 00:37:47,480 --> 00:37:53,840 But what we can do here without creating a whole new definition of the term application, 301 00:37:54,200 --> 00:37:58,380 which just makes things more cumbersome, we can say any person who makes an application 302 00:37:58,380 --> 00:38:01,680 concerning real property, you know, to the town. 303 00:38:02,960 --> 00:38:05,720 And that's really what we're getting at, 304 00:38:06,140 --> 00:38:11,180 the land use committees and the power of the town board 305 00:38:11,180 --> 00:38:17,700 to make decisions concerning property that involves real estate 306 00:38:18,920 --> 00:38:22,440 is what we're getting at and what we're concerned about in all of them. 307 00:38:22,540 --> 00:38:26,980 So that's something that we can pick up at the next meeting. 308 00:38:31,200 --> 00:38:40,480 So that brings us to our number five, 27-10, private employment conflict with official duties. 309 00:38:41,420 --> 00:38:50,840 That title doesn't really do this section much justice because it doesn't really affect private employment, 310 00:38:50,920 --> 00:38:55,660 but it fits there within our code as new 27-10-C. 311 00:38:57,800 --> 00:39:05,540 And that is that basically members of a committee or board that participates in the process 312 00:39:05,540 --> 00:39:11,600 of regulating land use, which includes the Town Board, the Planning Board, the ZBA, the 313 00:39:11,600 --> 00:39:17,660 ARB Conservation Board, Open Space, and the Board of Assessment Review are prohibited 314 00:39:17,660 --> 00:39:22,460 from appearing on behalf of the third party before any board or committee of the Town 315 00:39:22,460 --> 00:39:33,520 of North Castle. And I think the comment was, what do you mean, appearing on behalf of what 316 00:39:33,520 --> 00:39:45,860 if you just are making a comment as, you know, you can as a resident. And I think the better 317 00:39:45,860 --> 00:39:52,120 language is are prohibited from representing a third party before any 318 00:39:52,120 --> 00:39:57,940 board or committee and that seemed to assuage all of the comments and concerns 319 00:39:57,940 --> 00:40:04,920 of the town board so I would recommend that when we send this back for 320 00:40:04,920 --> 00:40:13,740 acceptance by the town board to schedule a public hearing that that 321 00:40:13,740 --> 00:40:20,400 language be amended. Any other comments or questions about that? 322 00:40:28,430 --> 00:40:30,510 So and I think 323 00:40:30,510 --> 00:40:39,210 we've taken care of number six by adding little four and little five, little 324 00:40:39,210 --> 00:40:42,710 Roman four, little Roman five to that. 325 00:40:45,130 --> 00:40:48,470 So I think that's our marching orders for 326 00:40:48,470 --> 00:40:58,250 for getting this to the town board to accept it in order to schedule a public hearing and 327 00:40:58,250 --> 00:41:08,310 if we schedule and that's the next step to put it in the form of a public law and do 328 00:41:08,310 --> 00:41:10,690 the black line of that as well. 329 00:41:12,590 --> 00:41:15,710 I would think though that and 330 00:41:18,520 --> 00:41:22,000 want to be presented to the town board for acceptance 331 00:41:22,000 --> 00:41:26,940 that we'll just flag those couple of little changes 332 00:41:26,940 --> 00:41:34,860 that we've made subsequent to the work sessions. 333 00:41:35,100 --> 00:41:36,880 So we don't do two black lines, 334 00:41:37,400 --> 00:41:40,520 a black line of what we sent them versus, you know, 335 00:41:41,020 --> 00:41:43,040 our amendments that we're gonna make now 336 00:41:43,040 --> 00:41:44,500 based on their comments. 337 00:41:45,100 --> 00:41:47,340 And a second black line, 338 00:41:47,520 --> 00:41:51,480 which is everything against the current law, 339 00:41:51,480 --> 00:42:01,420 The everything against the current law will be required and, you know, we just flag the couple of minor things that we did to take into account their comments. 340 00:42:01,420 --> 00:42:03,880 And you're proposing another meeting for that. 341 00:42:04,260 --> 00:42:04,580 No. 342 00:42:06,220 --> 00:42:20,240 No, I think it's ready to be prepared and sent to the town board for acceptance with a putting it in the form of a public law which is necessary. 343 00:42:20,240 --> 00:42:24,360 and then black aligning it against the original code. 344 00:42:27,210 --> 00:42:29,310 I must have misunderstood. 345 00:42:29,730 --> 00:42:37,150 I thought we were referring to the next meeting in terms of refining things a few months ago. 346 00:42:37,430 --> 00:42:40,910 Right, but this is going to be presented, 347 00:42:41,310 --> 00:42:44,090 a sent to the town board for acceptance. 348 00:42:45,490 --> 00:42:48,390 And then they will schedule a public hearing. 349 00:42:48,390 --> 00:43:00,730 And when they schedule a public hearing, we'll have an opportunity to meet in advance in the public hearing to talk about things like what do we do for a timing of the failure to file. 350 00:43:00,730 --> 00:43:05,110 Okay, so you envisioned another meeting of this word before the public hearing. 351 00:43:05,410 --> 00:43:05,690 Correct. 352 00:43:06,070 --> 00:43:10,510 To deal with some of, for example, language you just suggested. 353 00:43:10,730 --> 00:43:11,910 But after the. 354 00:43:12,330 --> 00:43:14,730 After the meeting is, after the hearing is noted. 355 00:43:15,550 --> 00:43:16,150 Right. 356 00:43:16,150 --> 00:43:22,010 And after, after these recommended revisions are extended. 357 00:43:46,500 --> 00:43:53,780 And that brings us to new business annual election of the chair and secretary. 358 00:43:54,400 --> 00:43:59,760 We don't need a vote on moving forward with submitting all the proposed change. 359 00:43:59,900 --> 00:44:00,100 No. 360 00:44:08,000 --> 00:44:09,880 Are there any motions. 361 00:44:12,720 --> 00:44:18,460 regarding new business A, annual election of chair and secretary. Can I have a motion 362 00:44:19,920 --> 00:44:25,260 for chair? I nominate Sue by seconds. 363 00:44:33,480 --> 00:44:36,040 All right. There's a motion on the floor. Any 364 00:44:36,040 --> 00:44:45,500 comments? Sue, I want to ask if you would accept this. I would accept if the board 365 00:44:45,500 --> 00:44:59,980 Okay. So it's not a move. It's not a move issue. Any comments? Here's my one comment. I'm super supportive of Sue taking over as chair. 366 00:45:00,080 --> 00:45:05,820 I think that's a really cool thing, I think, about this board that, you know, we've, you know, 367 00:45:06,060 --> 00:45:13,200 allowed for a rotation of the chair. I think going back before we reconstituted the code, 368 00:45:13,460 --> 00:45:19,900 there was a gentleman who was chair for a significant amount of time, which was fine. I don't think 369 00:45:19,900 --> 00:45:25,560 that was necessarily bad. I just think that sign of the times, this shows progress. And 370 00:45:25,560 --> 00:45:28,460 and I like the fact that a number of us here 371 00:45:28,460 --> 00:45:30,500 have had the opportunity to be the chair 372 00:45:30,500 --> 00:45:32,220 and I think that's very healthy 373 00:45:32,580 --> 00:45:34,080 in terms of how we interact. 374 00:45:34,620 --> 00:45:36,520 I will ask for one thing though, 375 00:45:37,020 --> 00:45:42,120 as I kind of think about Sue taking over as chair 376 00:45:42,120 --> 00:45:45,740 at this very moment in time based on the prior discussion 377 00:45:45,740 --> 00:45:48,300 and the work that we've been doing largely under Brett's 378 00:45:48,300 --> 00:45:50,840 chair ship for the past year plus 379 00:45:50,840 --> 00:45:52,820 on these specific changes. 380 00:45:52,820 --> 00:46:08,080 And I do think, given how close Brett is to these issues, now we all are of course participants in that, I do think that it will make sense for Brett to still be the driving force of getting these code changes over the line, given how close we are to that. 381 00:46:08,560 --> 00:46:18,720 And then obviously Sue is the chair coming in setting the agenda for sort of our future items, new business, etc. But I do think it will make some sense for Brett to continue to be in the lead. 382 00:46:18,720 --> 00:46:24,880 Not as chair, of course, assuming that we all vote for you, but more as sort of sort 383 00:46:24,880 --> 00:46:29,940 of artifact ahead of getting these changes, these amended changes over the line. 384 00:46:30,780 --> 00:46:36,640 I certainly think that it would be appropriate for Brett to present these changes 385 00:46:36,640 --> 00:46:43,440 at the public hearing. Great. That's what I think as well, which makes a lot of sense. 386 00:46:43,440 --> 00:47:02,020 But then of course, as we have in the past at public hearings, you know, when any number of us are the best, best position to address issues that the town is raising, I think we've all shown good collaboration at various public hearings in front of the town board, you know, where we'll typically have a lead who presents an item. 387 00:47:02,020 --> 00:47:07,340 I've been in that seat before of course and then you know very happy to defer to others who you know 388 00:47:07,340 --> 00:47:13,520 our best position to address comments and feedback since we're all not in each other's mind when 389 00:47:13,520 --> 00:47:21,780 those discussions take place. I completely agree with you and I hope you will, assuming I'm chosen, 390 00:47:22,340 --> 00:47:29,100 I hope you will be willing to present the position to the town board with respect to this 391 00:47:29,100 --> 00:47:33,800 board's belief in the appropriateness of the various amendments? 392 00:47:35,420 --> 00:47:44,180 I would, and I appreciate that recognition of, you know, I see it as a recognition of 393 00:47:44,180 --> 00:47:48,140 the work that I put into this, which is. 394 00:47:48,980 --> 00:47:50,080 You put a lot in. 395 00:47:50,420 --> 00:47:50,580 Yeah. 396 00:47:50,940 --> 00:47:52,060 More than I care. 397 00:47:52,760 --> 00:47:55,040 More than I care to the site. 398 00:47:55,040 --> 00:48:07,820 I was telling somebody the other day that over the past couple of years I have put in 399 00:48:07,820 --> 00:48:14,040 more time to this committee than virtually any of the other volunteer roles that I've 400 00:48:14,040 --> 00:48:21,900 had in this town, which go back well over 20 years, and that includes 12 years on 401 00:48:21,900 --> 00:48:27,920 the school board, and that includes running the soccer program, which had 150 adult volunteers 402 00:48:27,920 --> 00:48:35,280 and 950 kids at its peak. This is worse. Oh, no, no, this is more time consuming. 403 00:48:37,160 --> 00:48:40,740 That's a better word. Don't worry. I didn't capture that in the end. 404 00:48:40,940 --> 00:48:46,080 Thank you. I withdraw that last comment. This is more time consuming. 405 00:48:46,080 --> 00:48:50,880 And all due respect to your other roles, which were important and are important. 406 00:48:51,600 --> 00:49:03,460 I think my perspective on the world, and on this, is that ethics is the most important. 407 00:49:04,100 --> 00:49:08,860 And therefore the time that we put in on it is most appropriate. 408 00:49:09,240 --> 00:49:10,300 Thank you for the work. 409 00:49:10,300 --> 00:49:22,540 And I just strongly believe as I'm not going to expand on the public right now, I strongly 410 00:49:22,540 --> 00:49:35,800 believe as I've said in passing to a number of you that we must do our utmost to ensure 411 00:49:35,800 --> 00:49:46,580 of ethics and development. And we start here in North Casa. And when we drafted the ethics 412 00:49:46,580 --> 00:49:58,200 code, most channels had at most a very skeleton ethics code. We began the move to have a thorough 413 00:49:58,200 --> 00:50:08,380 ethics code. And as I've also said to others, my aim when I left the bench was for this 414 00:50:08,380 --> 00:50:14,740 town to leave the way and to have a strong ethics code. So thank you for all you've done 415 00:50:14,740 --> 00:50:22,600 and may we all continue to strive for a better code and ethics endowment. 416 00:50:22,600 --> 00:50:46,660 And Sue, I just want to clarify that, you know, carrying this over the line and representing this before at the public hearing, you know, should be the one focus that I have. 417 00:50:46,660 --> 00:50:57,180 And I want to do that until there's a final vote on whatever comes through making. Okay. So with that, I want to say two things. 418 00:50:59,740 --> 00:51:16,280 I 100% agree with you on the importance of ethics and which is why I was willing to devote all of the time that I did devote to get us through last year's code amendments. 419 00:51:16,280 --> 00:51:20,200 and now this year's Code of Amendments. 420 00:51:20,800 --> 00:51:24,120 And I think that collectively, 421 00:51:25,120 --> 00:51:29,300 it will put this town in such a better place. 422 00:51:29,460 --> 00:51:31,100 And I know you agree with that. 423 00:51:31,420 --> 00:51:39,000 And I'm so heartened by the acceptance by the town board 424 00:51:40,320 --> 00:51:44,900 of a continued emphasis on a healthy ethics function. 425 00:51:44,900 --> 00:51:49,620 and think about all the education that we've been able to do 426 00:51:49,620 --> 00:51:52,500 and awareness that we've been able to promote. 427 00:51:53,040 --> 00:51:58,860 And that's only good for every single elected person, 428 00:51:59,100 --> 00:52:01,860 every single employee and volunteer in this town 429 00:52:01,860 --> 00:52:03,860 and every member of the community. 430 00:52:04,220 --> 00:52:07,160 So I agree with you on that. 431 00:52:07,160 --> 00:52:16,080 So and I appreciate the work that you and David and a number of the other members of the community 432 00:52:16,600 --> 00:52:23,960 undertook in what was it, close to five years before the code was read? 433 00:52:24,080 --> 00:52:32,960 Look at that. I left the bench in January 1, 2004. I think that we actually started the 434 00:52:32,960 --> 00:52:35,140 House force in roughly 2013. 435 00:52:35,480 --> 00:52:37,000 But there was work done before that. 436 00:52:37,000 --> 00:52:38,080 Yeah, work done before that. 437 00:52:38,160 --> 00:52:39,120 But that sounds about right. 438 00:52:39,640 --> 00:52:42,200 Yeah, I called our old co back of the napkin 439 00:52:42,200 --> 00:52:46,260 because it was the minimally required by state law 440 00:52:46,680 --> 00:52:51,380 and I got scolded by that at one point for doing that. 441 00:52:51,580 --> 00:52:54,500 But that is my view. 442 00:52:54,700 --> 00:52:59,480 And I will say also my work on the county board of ethics 443 00:52:59,480 --> 00:53:01,520 has been similarly inspiring 444 00:53:01,520 --> 00:53:08,560 and it was only with leaders under the leadership of George Latimer was the 445 00:53:08,560 --> 00:53:14,340 county willing to do the very same thing. They reconstituted the Board of Ethics 446 00:53:14,340 --> 00:53:21,720 and we took a six-page code and we made it you know what is it 40 Selma pages 447 00:53:21,720 --> 00:53:28,680 but we made it detailed and thorough and educational and the education 448 00:53:28,680 --> 00:53:36,940 component is happening at the county level like never before. The enforcement is happening like 449 00:53:36,940 --> 00:53:44,960 never before. And that's really motivated me. And I've learned a lot there that I've brought 450 00:53:46,100 --> 00:53:51,600 into play here at the town. And you continue to serve there. And continue to serve there. Continue 451 00:53:51,600 --> 00:53:57,280 to tell us what you learned from them. Yeah. Yeah. And it's been very helpful. And I do know 452 00:53:57,280 --> 00:54:05,240 from all of that work, the statement that you made about our town taking the lead on 453 00:54:05,240 --> 00:54:15,780 developing a really meaningful code has been duplicated by other towns. 454 00:54:15,960 --> 00:54:23,100 They've seen what we've done and used our work as an example in many cases. 455 00:54:23,100 --> 00:54:34,400 And so we should all feel good about, you know, the ripple effect that all of our work is done, but it couldn't have been done without the support of our town board. 456 00:54:36,000 --> 00:54:49,140 So that's another statement that I'll probably make, you know, when we present this and during public hearings, we need an amendment of a motion for the secretary. 457 00:54:49,140 --> 00:54:53,100 Well, we have a vote on you as a chair before we head to that. 458 00:54:53,340 --> 00:54:55,380 There's a motion on the table that he's voting on. 459 00:54:56,240 --> 00:55:16,880 Any other comments on the motion that we have before us to elect Sue as our next chair with the proviso that I will work to present the recommended revisions through to conclusion at the town board level. 460 00:55:16,880 --> 00:55:26,760 comment and right I want to thank you sincerely I don't want to be repetitive 461 00:55:26,760 --> 00:55:34,760 everything that's been said but the amount of effort and time dedication put 462 00:55:34,760 --> 00:55:45,940 in it's phenomenal I appreciate it I don't want to diminish David's work as 463 00:55:45,940 --> 00:55:53,340 Thanks, Chair, but most of you gentlemen over the past 10 years have been extraordinary. 464 00:55:54,080 --> 00:55:59,360 Thank you for that comment. 465 00:56:00,660 --> 00:56:02,740 I appreciate it. 466 00:56:05,140 --> 00:56:14,590 And where does that take us we anybody else have a comment before we call for a vote on this motion. 467 00:56:15,470 --> 00:56:20,810 All in favor of Sue, all in favor of the motion that's on the floor. 468 00:56:21,390 --> 00:56:23,590 All right. All right. All right. 469 00:56:24,710 --> 00:56:27,230 Sue. Okay. It's unanimous. Thank you. 470 00:56:28,370 --> 00:56:31,310 Yeah. Jose, you want to make a comment about that. 471 00:56:34,530 --> 00:56:38,150 Yeah, not about the vote. Congratulations. By the way, Sue. 472 00:56:38,370 --> 00:56:38,750 Thank you. 473 00:56:39,450 --> 00:56:43,990 Just I want to add, I thought it was inappropriate before the vote, but thank you. 474 00:56:43,990 --> 00:56:46,030 The whole committee's worked incredibly hard. 475 00:56:46,430 --> 00:56:50,090 Ethics obviously are incredibly important to the town. 476 00:56:50,550 --> 00:56:52,310 So I personally thank everyone. 477 00:56:52,750 --> 00:56:54,170 I thank everyone on the board. 478 00:56:54,370 --> 00:56:55,010 Grief with that. 479 00:56:56,210 --> 00:56:59,310 David, you've carried the burden a number of times too. 480 00:57:00,010 --> 00:57:01,230 You know, it's rewarding and gratifying, 481 00:57:01,390 --> 00:57:03,350 but it is a burden with all the work that's required. 482 00:57:04,170 --> 00:57:07,270 It took tremendous amount of effort, I know, 483 00:57:07,490 --> 00:57:11,290 and work under what might be viewed in some cases 484 00:57:11,290 --> 00:57:12,510 as trying circumstances. 485 00:57:13,790 --> 00:57:33,570 But thank you for the result. I think it's incredibly important for the town and its residents to have as much confidence as possible that the count board and other boards and committees are behaving without undoing influence and in the full interest of the town and ethics code is important for that. 486 00:57:33,570 --> 00:57:34,810 Thank you. 487 00:57:37,200 --> 00:57:46,640 So I will entertain a motion for Secretary to the Board of Ethics. 488 00:57:47,500 --> 00:57:49,320 I nominate charity. 489 00:57:52,530 --> 00:57:53,030 Very clever. 490 00:57:55,650 --> 00:57:56,810 I second the motion. 491 00:57:58,750 --> 00:57:59,710 You are here. 492 00:57:59,710 --> 00:58:06,130 Well, that's really, by the way, I really, I love the new chair. Very wise. They're seconding my motion. That's great. 493 00:58:08,710 --> 00:58:12,350 Okay, charity. If this motion passes, would you accept? 494 00:58:13,350 --> 00:58:13,970 Okay. 495 00:58:14,710 --> 00:58:20,670 So, with that, any comments about the motion. 496 00:58:22,980 --> 00:58:42,080 I will just say what I said a little bit with regard to Sue, and that is I think it is a really wonderful thing about this board that we can rotate these leadership positions to give people a break from some of these positions from time to time, but also give other people an opportunity to serve in a slightly different capacity. 497 00:58:42,080 --> 00:58:46,300 I mean, I think one really excellent thing about this board is just how consensus driven 498 00:58:46,300 --> 00:58:49,880 we are and collaborative we are, even when we disagree with each other. 499 00:58:50,140 --> 00:58:56,360 I think we do a good job of keeping peace and we expect that Sue and Charity will 500 00:58:56,360 --> 00:59:03,340 continue to enforce the peacekeeping of the leadership of our small but mighty ward. 501 00:59:04,480 --> 00:59:08,000 But nothing, and Charity, I know Brett and I have both done it. 502 00:59:08,000 --> 00:59:18,900 I won't speak for him, but I will say any guidance, help, et cetera, that you would need in that position, in this position coming into a new happy to do that. Sue also happy to do that for you. 503 00:59:19,160 --> 00:59:21,940 But I should have said that earlier. 504 00:59:23,040 --> 00:59:25,440 And my comment is thank you charity. 505 00:59:28,160 --> 00:59:30,000 No, it's a big thank you. 506 00:59:30,940 --> 00:59:39,200 You know, there's a lot of responsibility that falls to the secretary in terms of, you 507 00:59:40,100 --> 00:59:43,820 know, the minutes and making sure everything is filed. 508 00:59:44,400 --> 00:59:45,260 And I do. 509 00:59:46,320 --> 00:59:53,120 In fact, I learned this weekend that there's a lot of work to be done on, you know, making 510 00:59:53,120 --> 00:59:58,820 sure that our minutes are posted onto the town board because I don't think they have 511 00:59:58,820 --> 00:59:59,980 been for quite some time. 512 01:00:00,050 --> 01:00:08,930 time. And I also looked for one of our dead time. They just haven't been given over. They're 513 01:00:08,930 --> 01:00:12,870 all here. They signed everything. She said yes already. 514 01:00:16,290 --> 01:00:21,030 Okay. All in favor of the motion on the 515 01:00:21,030 --> 01:00:27,050 floor to elect a charity monitor as secretary to the board of ethics. 516 01:00:27,410 --> 01:00:31,650 Hi, hi, congratulations to unanimous. 517 01:00:33,870 --> 01:00:39,490 But I was looking for a video of one of our last meetings too, 518 01:00:39,630 --> 01:00:44,710 and I could not find it on the town board website or anywhere on the website. 519 01:00:44,710 --> 01:00:51,950 So, you know, there's been a big transition of where everything lands. 520 01:00:52,190 --> 01:00:56,050 And I don't know whether it's you can't find it either. 521 01:00:56,270 --> 01:01:03,050 Okay, so I know that we've only been recording our board of ethics meetings. 522 01:01:04,150 --> 01:01:06,990 Once I figured out how to use the system. 523 01:01:08,950 --> 01:01:13,890 And but but didn't Carrie record these way back when 524 01:01:13,890 --> 01:01:15,050 when she was secretary? 525 01:01:17,500 --> 01:01:23,360 Yes. She sat there and recorded because I remember the recording in progress 526 01:01:24,480 --> 01:01:30,500 for so long, but I couldn't find any of those meetings even on the town website. So I don't 527 01:01:30,500 --> 01:01:37,620 know whether it's just a transition thing or a housekeeping thing or something at the town clerk's 528 01:01:37,620 --> 01:01:44,920 office. I don't know, but it is something that's, you know, worth keeping on the radar screen. 529 01:01:45,820 --> 01:01:53,900 regarding that. I don't think it's available readily on the town board. If I recall, you'd have to 530 01:01:54,620 --> 01:02:03,800 get to the town clerk and there's a special code or something you have to put it. It is so ridiculous. 531 01:02:05,720 --> 01:02:10,700 You can find it. It's there, but it's not readily available. 532 01:02:15,160 --> 01:02:26,100 The video, the links to actual historic videos without more, okay, it's there, but it's almost 533 01:02:26,100 --> 01:02:39,360 impossible to get my on the new system, which is in the last year, there is a menu for the 534 01:02:39,360 --> 01:02:46,120 video links to the town board, to the planning board, to the conservation board, to a bunch of 535 01:02:46,120 --> 01:02:56,000 boards, ethics boards not even included in that list. And other than maybe four or five videos 536 01:02:56,000 --> 01:03:02,500 under the town board, none of the others are populated with any meeting. So I don't know 537 01:03:02,500 --> 01:03:09,240 whether the conservation board, for example, is reported. But anyway, that's, you know what, 538 01:03:09,660 --> 01:03:19,040 that concludes my chair's report number six. But we have 5B. Oh, we have 5B. Thank you. 539 01:03:20,480 --> 01:03:24,060 It still concludes number six, so we can skip that when we get to it. 540 01:03:24,060 --> 01:03:29,560 5B, duties of alternates. 541 01:03:30,320 --> 01:03:46,660 And this was, if I may, summarized it, how to deal with the question of whether and 542 01:03:46,660 --> 01:03:58,260 And when alternates may vote, become a voting member of the town board. 543 01:03:59,980 --> 01:04:03,720 So with that, I'll open it up for discussion. 544 01:04:04,220 --> 01:04:07,440 I'd like to make a few open comments regarding it. 545 01:04:09,340 --> 01:04:10,520 Sue, grab the mic. 546 01:04:10,520 --> 01:04:12,400 I don't know, because I always talk to speakers. 547 01:04:12,400 --> 01:04:13,340 It's a proposal. 548 01:04:13,680 --> 01:04:14,000 Okay. 549 01:04:15,040 --> 01:04:16,680 And you have the floor. 550 01:04:17,560 --> 01:04:21,900 It's something that's concerned me all the years I've been sitting here, 551 01:04:22,900 --> 01:04:31,200 that we haven't had the alternates who we encouraged to participate. 552 01:04:32,320 --> 01:04:35,620 Certainly, I've learned in my life, you don't know what you don't know. 553 01:04:35,620 --> 01:04:41,180 And the more information you get, whether it's from an alternate or a permanent member, 554 01:04:41,320 --> 01:04:45,740 I think it's certainly really important. I think all of us feel that way. 555 01:04:48,640 --> 01:04:57,920 I don't quite accept it said in the town code it says that we have five permanent and two 556 01:05:00,000 --> 01:05:08,820 was very little further direction regarding the alternates. But it seems to me, and I could be mistaken, 557 01:05:09,460 --> 01:05:14,380 but the purpose of the alternate is to serve when a permanent member can't serve. 558 01:05:17,920 --> 01:05:20,640 And there have been several occasions, 559 01:05:20,640 --> 01:05:31,960 past 10 years or so, where we have a quorum, but still assured a board member. And we've 560 01:05:31,960 --> 01:05:39,360 had all the minutes, and we've never suggested that it become permanent. Well, if that ain't 561 01:05:39,360 --> 01:05:45,700 it. And they don't mean permanent member, but at least serve as a voting member. So 562 01:05:45,700 --> 01:05:52,580 I said to my soul, what is the point of having an alternate member when we have a vacancy 563 01:05:52,580 --> 01:05:53,660 and they don't turn it? 564 01:05:57,740 --> 01:06:05,080 And it was even an occasion, I don't recall when, where we ended a meeting because we 565 01:06:05,080 --> 01:06:12,100 no longer had a quorum, yet we had an alternate or alternate sitting here where we couldn't 566 01:06:12,100 --> 01:06:13,000 continue the meeting. 567 01:06:13,000 --> 01:06:19,960 And it seems to me in that case, I found it particularly frustrating that we take the time 568 01:06:19,960 --> 01:06:24,980 to come and I'm not criticizing a permanent member for not being here. 569 01:06:25,140 --> 01:06:30,700 Certainly there are times when you can be here, but that's when the alternate should be serving. 570 01:06:31,260 --> 01:06:38,000 And I see no reason why in those cases where an alternate should not be pointing 571 01:06:38,000 --> 01:06:44,940 appointed or recruited or named or whatever it may be, so that we have another vote on 572 01:06:44,940 --> 01:06:47,480 the board. That's my position on it. 573 01:06:49,500 --> 01:06:49,940 Two? 574 01:06:50,480 --> 01:07:01,620 Oh, one other thing. I did look at the code carefully, and I tried to, I made up two proposals, 575 01:07:01,620 --> 01:07:04,460 one for the code and one without the code. 576 01:07:06,660 --> 01:07:10,660 And I felt just by addressing the guidelines, 577 01:07:11,380 --> 01:07:12,860 I felt it was sufficient. 578 01:07:13,340 --> 01:07:15,100 It's not that I ignored the code at all. 579 01:07:15,900 --> 01:07:15,940 I 580 01:07:18,240 --> 01:07:26,040 believe that the internal guidelines can and should be amended 581 01:07:26,040 --> 01:07:28,760 in the way that Ed proposes. 582 01:07:30,880 --> 01:07:32,940 Let me deal with the can first. 583 01:07:32,940 --> 01:07:34,000 with 584 01:07:36,370 --> 01:07:42,050 respect to ultimates, the code says, and I'm going to 585 01:07:42,050 --> 01:07:45,810 depth out a little bit, the town board shall also point to the 586 01:07:45,810 --> 01:07:46,530 ultimates 587 01:07:48,550 --> 01:07:53,510 who shall be eligible to serve if a member or members 588 01:07:53,510 --> 01:07:59,670 of the board are unable to proceed and now the critical 589 01:07:59,670 --> 01:08:05,870 language on a particular map. It doesn't say in particular 590 01:08:05,870 --> 01:08:13,310 of proceeding, which would suggest that it's only when we have a violation charge. It's 591 01:08:13,310 --> 01:08:21,610 a particular matter, which means to me that anything that comes up for a vote requires 592 01:08:21,610 --> 01:08:33,110 a vote by the Board of Ethics would be permissible for an alternate to vote. And the critical 593 01:08:33,110 --> 01:08:41,850 question only is how do you choose to go to it and add suggestion point. Part one, 594 01:08:42,810 --> 01:08:51,970 we have to adhere to the requirement about political affiliation. And then part two 595 01:08:51,970 --> 01:09:01,390 is optional because there is no requirement. Simply put, a rule and that 596 01:09:01,390 --> 01:09:08,010 is to have the senior member if the member qualifies on the party affiliation. So I believe 597 01:09:08,010 --> 01:09:15,570 that the language on a particular matter makes this a legitimate amendment to the internal 598 01:09:15,570 --> 01:09:22,130 guidelines. It does not cover the situation where the meeting doesn't have a quorum because 599 01:09:22,130 --> 01:09:29,970 we can't, in my mind, have an alternate for a meeting without an amendment to the 600 01:09:29,970 --> 01:09:38,880 code for the entire meeting. It has to be for particular matter. But with respect to 601 01:09:39,500 --> 01:09:45,160 issues that arise that require a vote, I think it's 602 01:09:46,220 --> 01:09:49,600 Proposal to the internal guidelines is legally sound 603 01:09:49,600 --> 01:09:53,780 and important. Any 604 01:09:56,890 --> 01:09:59,290 other comments? I do. 605 01:10:05,790 --> 01:10:14,590 It sounds like the code assumes the only reason you wouldn't have someone as some sort of conflict 606 01:10:15,060 --> 01:10:18,930 and it doesn't take into account the fact that someone might not be here. 607 01:10:19,570 --> 01:10:25,290 But that's obviously even more likely and stops us in our tracks. 608 01:10:25,590 --> 01:10:29,510 And I have to say, when I was first asked to be an alternate, I assumed this would 609 01:10:29,510 --> 01:10:34,170 be the case. It only makes sense. That's why you're an alternative. Isn't that what you 610 01:10:34,170 --> 01:10:38,810 thought? Like, sure. Then I would vote when there's a reason that somebody else can't. 611 01:10:39,110 --> 01:10:45,130 It just seems so sensible that you're on the committee, you're there for a reason, and 612 01:10:45,130 --> 01:10:49,950 in the rare case, because this doesn't happen very often, but in the rare case where you 613 01:10:49,950 --> 01:10:53,990 wouldn't be able to have the vote, you'd have them. So I think it makes sense. 614 01:10:53,990 --> 01:10:55,370 Okay. 615 01:10:56,970 --> 01:10:58,950 Penny, do you want to comment? 616 01:11:00,790 --> 01:11:02,350 No, I feel exactly. 617 01:11:02,810 --> 01:11:07,390 May I offer an alternate viewpoint? 618 01:11:09,610 --> 01:11:10,730 You know, we. 619 01:11:12,130 --> 01:11:13,750 We set rules. 620 01:11:15,010 --> 01:11:17,890 And we should promote rules that work. 621 01:11:18,690 --> 01:11:19,810 In perpetuity. 622 01:11:19,810 --> 01:11:34,030 and I agree that in the ordinary case and as you've seen in the way I conduct the 623 01:11:34,030 --> 01:11:42,030 meetings is everybody has input but the voting members have a vote and if you 624 01:11:42,030 --> 01:11:53,130 were to slot an alternative in any time a voting member is absent for any reason, 625 01:11:53,910 --> 01:12:01,530 you introduced the possibility of a lot of gamesmanship on down the line for anybody who 626 01:12:01,530 --> 01:12:08,410 takes our position. I don't want to suggest that anybody here would do this, but what happens is, 627 01:12:08,410 --> 01:12:27,950 And let me back up a little bit. May vote on a particular matter. I believe that should be interpreted as may vote on a particular enforcement matter, a matter of such significance that it's necessary. 628 01:12:27,950 --> 01:12:48,130 Our quorum is for who start the enforcement process, you need three votes to determine whether there is reasonable cause to believe that there may have been a violation. 629 01:12:48,590 --> 01:12:55,190 And that starts a whole bunch of really significant deadlines and times and things like that. 630 01:12:58,800 --> 01:13:10,380 If, Sue, you travel for a month at a time in the fall every year, and if I'm the chair 631 01:13:10,380 --> 01:13:15,640 and I schedule a meeting, knowing that this is something you would vote against and they 632 01:13:15,640 --> 01:13:24,460 schedule a meeting or call a meeting while you're absent in order to have an alternate 633 01:13:24,460 --> 01:13:32,640 it replace you for I'm going to say a significant vote I don't think that that 634 01:13:32,640 --> 01:13:45,520 is the spirit of what our rules should promote so I really think that if there 635 01:13:45,520 --> 01:13:53,420 is a question or a concern here I'm in favor of clarifying that the voting 636 01:13:53,420 --> 01:14:06,360 voting on a particular matter is voting on a particular enforcement matter, which I think clarifies that we're not talking about, you know, somebody can't make the meeting. 637 01:14:06,360 --> 01:14:15,500 kind of thing. So that's my view. And I don't mean to detract from the contribution that 638 01:14:15,500 --> 01:14:24,020 our alternates have, because I think a board of seven is better than a board of five. It 639 01:14:24,020 --> 01:14:32,020 takes a little longer sometimes to get everybody's comments, but oftentimes it's comment number 640 01:14:32,020 --> 01:14:43,620 six and number seven that may change the way everybody thinks. So again, I don't mean to 641 01:14:43,620 --> 01:14:51,140 diminish the role of the alternates, but I do think that voting members are voting members 642 01:14:51,140 --> 01:14:59,300 and alternates oftentimes sit for years as alternates until, you know, a voting position. 643 01:15:00,000 --> 01:15:09,320 Comes up. I'd like to comment on that again, please. Sure. I respect your view, Brett. 644 01:15:11,200 --> 01:15:18,120 I find it almost very difficult to imagine that a chair is going to manipulate 645 01:15:18,120 --> 01:15:27,440 the meeting date coincide with an alternate vote or not. 646 01:15:27,860 --> 01:15:31,860 Is it possible? Anything's possible, but I don't think that's realistic. 647 01:15:33,700 --> 01:15:36,600 I'd also like you to consider this. 648 01:15:40,490 --> 01:15:40,490 That 649 01:15:43,400 --> 01:15:49,680 being an alternate, if you know that there's going to be the opportunity to serve, 650 01:15:50,760 --> 01:15:54,160 You're going to make sure that you're here at the meetings. 651 01:15:54,720 --> 01:15:58,680 I can recall years back where it opened and never even showed. 652 01:15:59,760 --> 01:16:01,060 We didn't have any open. 653 01:16:01,280 --> 01:16:04,140 We had an open name, never showed. 654 01:16:07,420 --> 01:16:13,040 If that alternate knew that they might be serving as a member of the Board of the Voting 655 01:16:13,040 --> 01:16:21,720 matter, that's more incentive than to show. So it keeps having mine. That's another point now, 656 01:16:22,040 --> 01:16:23,540 I forgot what I wanted to make. 657 01:16:25,820 --> 01:16:26,180 Okay. 658 01:16:29,680 --> 01:16:38,380 My view is perhaps tainted by my recollection of the 659 01:16:38,380 --> 01:16:43,120 legislative history, where we deliberately use the words on 660 01:16:43,120 --> 01:16:48,860 particular matter, and I recall a discussion of whether it could 661 01:16:48,860 --> 01:16:56,120 be for a proceeding only. But we don't have a record of that. 662 01:16:56,640 --> 01:17:00,640 And it could have been something that was only in my head in 663 01:17:00,640 --> 01:17:16,900 interaction. And that's not totally relevant. But I prefer to think that what we were talking 664 01:17:16,900 --> 01:17:26,540 about earlier, which is ethics and the importance of ethics, that as long as we have a decent 665 01:17:26,540 --> 01:17:27,860 people 666 01:17:30,550 --> 01:17:39,950 on this Board of Ethics. As long as that can be maintained, the maneuver you talked 667 01:17:39,950 --> 01:17:53,190 about will not come to pass. Once the Board of Ethics starts to become political, politicized 668 01:17:53,190 --> 01:18:03,210 or personal, it may well. I think we should adopt this, and I think it should, your comment 669 01:18:03,210 --> 01:18:12,630 should be a reminder of how important it is for us to stand up in our own lives just top 670 01:18:12,630 --> 01:18:23,830 ethical standards. I want the board not to be stymied on the rare occasion when a member 671 01:18:23,830 --> 01:18:35,210 before that they can hang on those on the map either because they're unable to be here from 672 01:18:35,210 --> 01:18:42,950 before the poem due to or they have ethical reasons not to vote. 673 01:18:45,030 --> 01:18:51,750 One other on my job also. Yeah, let me open this to other people and then I'll 674 01:18:51,750 --> 01:18:54,090 I'll get back to you and you have a, 675 01:18:54,290 --> 01:18:54,970 I was just, 676 01:18:59,130 --> 01:19:01,310 yeah, I'm probably okay with it. 677 01:19:01,370 --> 01:19:03,830 I think it will require some 678 01:19:08,010 --> 01:19:10,110 diligence on the part of the board 679 01:19:10,690 --> 01:19:11,330 in that, 680 01:19:13,550 --> 01:19:15,750 like, I think it will need to be, 681 01:19:16,090 --> 01:19:18,050 first and advanced notice will be, 682 01:19:18,210 --> 01:19:20,910 I think, an important goal, right? 683 01:19:20,910 --> 01:19:28,950 So when a sitting of the five members is not going to be able to attend, participate, whatever to make that known as early as possible. 684 01:19:28,950 --> 01:19:38,830 So the alternate can sort of effectively know that they're on deck and sort of make sure that they are preparing more, etc. 685 01:19:39,090 --> 01:19:43,510 Just in case they're not inclined to as Ed pointed out that that's a good point. 686 01:19:45,230 --> 01:19:52,010 And then I think also sort of just that notice to everybody else that that is going to happen, I think, is important. 687 01:19:52,930 --> 01:20:00,450 I don't think a situation in which, you know, there's a discussion on a matter happening and, like, well, I'll just use my own example, right? 688 01:20:00,710 --> 01:20:03,990 You know, sometimes I have to leave meetings because I have to go to work, right? 689 01:20:04,630 --> 01:20:08,870 by Jadavand says as best I can but it doesn't always work and I mean and it 690 01:20:08,870 --> 01:20:12,270 could be anybody right who has an appointment etc. I do think we should 691 01:20:12,270 --> 01:20:19,630 avoid the situations in which a discussion has begun and somebody has to 692 01:20:19,630 --> 01:20:24,270 leave in the middle of it and then it just you know somebody slots into but I 693 01:20:24,270 --> 01:20:30,270 did think that we should just be careful about when we would appoint an 694 01:20:30,270 --> 01:20:38,450 alternate to consider a matter. And I don't know if it should be in the middle of a discussion 695 01:20:39,630 --> 01:20:44,310 that that would be appropriate. And I think I've raised some of this because, 696 01:20:45,510 --> 01:20:51,370 look, I wasn't here at the last meeting, right? And this suggestion came up almost sort of in a 697 01:20:51,370 --> 01:20:54,550 a way to resolve an impasse. 698 01:20:55,170 --> 01:20:59,610 And I don't think that would be the best use 699 01:20:59,610 --> 01:21:04,590 of appointing alternates to consider matters. 700 01:21:06,550 --> 01:21:09,690 For instance, had I, for instance- 701 01:21:09,690 --> 01:21:10,830 Let me say just one thing. 702 01:21:11,490 --> 01:21:14,810 That's one of the reasons I'm proposing it 703 01:21:15,150 --> 01:21:18,910 that when there's this vacancy in effect, 704 01:21:18,910 --> 01:21:22,250 They must be appointed to avoid that situation. 705 01:21:23,290 --> 01:21:25,710 They can choose that it will be automatic. 706 01:21:27,490 --> 01:21:28,130 Right. 707 01:21:29,430 --> 01:21:33,490 I don't want to sort of go into too many details on that one second. 708 01:21:33,710 --> 01:21:38,470 So I just think that we should try to be as deliberate as possible. 709 01:21:39,230 --> 01:21:47,490 When this is going to occur. So the members of the actual sitting members of the board. 710 01:21:48,230 --> 01:21:55,870 not the alternates sort of have that sort of are fully aware that an alternate is 711 01:21:55,870 --> 01:22:00,550 going to come in and take their place on a particular matter, which is fine, right? 712 01:22:00,630 --> 01:22:06,130 Because we have to get business done. The other question that I have, and so 713 01:22:06,130 --> 01:22:09,270 you can address the first stuff that I said in a minute, is are there other 714 01:22:09,270 --> 01:22:14,610 boards that have alternate members and do we know if this is how alternates 715 01:22:14,610 --> 01:22:21,490 are used for other boards and I don't know the answer to that question and 716 01:22:21,490 --> 01:22:25,370 maybe it doesn't matter I would just be sort of curious if you know there's four 717 01:22:25,370 --> 01:22:28,010 or five other boards in addition to the town board the town board obviously 718 01:22:28,010 --> 01:22:34,590 doesn't have alternates but you know planning board etc do they have alternate 719 01:22:34,590 --> 01:22:41,370 members that swoop in to consider matters when a sitting member of say 720 01:22:41,370 --> 01:22:43,510 that the planning board can't appear. 721 01:22:44,250 --> 01:22:46,430 To the best of my knowledge, no. 722 01:22:46,990 --> 01:22:49,910 No, as in they don't have alternates or no is in, 723 01:22:50,330 --> 01:22:51,690 the alternate doesn't play that role. 724 01:22:51,990 --> 01:22:52,970 No, to the best of my knowledge. 725 01:22:52,970 --> 01:22:54,030 We can check that. 726 01:22:54,530 --> 01:22:59,730 My perspective, what you were saying is 727 01:23:01,970 --> 01:23:05,330 if it is essential that an alternate 728 01:23:05,870 --> 01:23:09,290 who participates in a vote be present 729 01:23:09,290 --> 01:23:16,270 for the entire discussion? No. Certainly we should not. But I think that the alternate 730 01:23:16,270 --> 01:23:22,230 should know before the discussion, I'm sorry, I think the alternate needs to know before the 731 01:23:22,230 --> 01:23:30,290 discussion ensues that they are probably that they are going to be the voting member of the 732 01:23:30,290 --> 01:23:35,830 discussion. Yeah, there's a little problem with that in that it requires a lot of telephone 733 01:23:35,830 --> 01:23:47,510 phone work that doesn't happen in public, and you don't want to get a sense or pitch 734 01:23:47,510 --> 01:23:55,610 something to sort out, listen, you know, would you be a voting member? 735 01:23:55,810 --> 01:24:01,050 I want you to be aware that you're going to be a voting member on this particular issue 736 01:24:01,050 --> 01:24:08,930 and oh then there's you know discussions or you know you line that up with a 737 01:24:08,930 --> 01:24:14,050 couple of different members and you know all of a sudden you're sort of through 738 01:24:14,050 --> 01:24:21,630 the telephone having a meeting you know adjacent. I don't think that this 739 01:24:21,630 --> 01:24:28,990 requires a telephone discussion let me give you the scenario I envision which 740 01:24:28,990 --> 01:24:33,370 is that we're all meeting here, too, just with the alternates 741 01:24:33,370 --> 01:24:41,450 press to discuss an issue. The alternates are talking or not 742 01:24:41,450 --> 01:24:48,250 talking. And something happens so that it ends up either with a 743 01:24:48,250 --> 01:24:56,630 two to two vote, or a member non alternate has an emergency 744 01:24:56,630 --> 01:24:57,550 to invest to leave. 745 01:24:59,720 --> 01:25:03,280 At that point, the alternates we've seen this 746 01:25:03,840 --> 01:25:09,660 are as involved as members of the board. 747 01:25:09,960 --> 01:25:11,900 Some more so, some less so, 748 01:25:11,920 --> 01:25:15,280 just like members of this board are more or less involved. 749 01:25:16,300 --> 01:25:19,520 They participated the same way we have 750 01:25:19,520 --> 01:25:23,100 because we allow that or favor that whatever. 751 01:25:23,400 --> 01:25:24,520 That's the way it's been 752 01:25:24,520 --> 01:25:26,680 and I just envision no change in that. 753 01:25:26,680 --> 01:25:37,960 So, when it comes to the vote, they are as up to it as I am, and as you are. 754 01:25:39,320 --> 01:25:46,840 I do not envision a phone conversation, meeting a sleeper, and noticed the alternates and 755 01:25:46,840 --> 01:25:57,780 noticed just like you and I are, and when the discussion ensues, and Joe Smith suddenly 756 01:25:57,780 --> 01:26:11,750 has a horrible tummy ache and leaves an alternate with the criteria set out, sits in. Is it going 757 01:26:11,750 --> 01:26:18,230 to happen often? No. But how do you envision- I mean a vote? No. How do you envision, you know, 758 01:26:18,310 --> 01:26:24,440 because I think David makes a good point, if there's an ongoing discussion over the course of a 759 01:26:24,440 --> 01:26:32,740 meetings. And the alternate is present at all of those things. And the member either, 760 01:26:33,500 --> 01:26:39,160 and the member leaves a meeting, you still have a quorum. You can still have a 2-2 vote. 761 01:26:39,180 --> 01:26:44,180 I'm talking about the likely that we're talking about a 2-2 vote because we need a quorum. 762 01:26:44,560 --> 01:26:53,880 Yeah. But if there's an ongoing discussion and there's a 2-2 vote, it tells me that 763 01:26:53,880 --> 01:27:02,660 But it should continue to be an ongoing discussion to try and achieve consensus, and consensus 764 01:27:02,660 --> 01:27:06,260 meaning at least three of the five votes. 765 01:27:08,340 --> 01:27:16,040 And that's kind of what I mean about, well, you know, we've been discussing this and 766 01:27:16,040 --> 01:27:22,600 somebody's absent, so, you know, an alternate is going to step in to vote. 767 01:27:22,600 --> 01:27:33,980 And that, what that does is it takes that person who has been on the board for however long attending all of those meetings where that issue is discussed. 768 01:27:34,540 --> 01:27:43,800 It takes their involvement completely, it makes it completely irrelevant because somebody could have a different point of view. 769 01:27:43,800 --> 01:27:51,480 and add to your point and sue to yours that you don't envision this happening. 770 01:27:52,380 --> 01:27:59,620 You know, one of the most significant things that we do, I think, is to elect our chair 771 01:27:59,620 --> 01:28:09,400 and our secretary each year, and this was something that was urged, and that's, I think, 772 01:28:09,400 --> 01:28:21,980 a an accurate or if not a mild description of our last meeting where that was that was a motion 773 01:28:21,980 --> 01:28:33,760 and it died too too but had it not been then one of our permanent members wouldn't have had any 774 01:28:33,760 --> 01:28:40,980 opportunity to participate in the discussion of who should chair this 775 01:28:40,980 --> 01:28:49,600 board and who should be secretary. So that's another example of why I think it 776 01:28:49,600 --> 01:28:58,500 should really be limited to serious matters that involve enforcement. 777 01:29:01,250 --> 01:29:02,630 Okay to 778 01:29:02,630 --> 01:29:09,990 to that, let me just give one brief answer and then I think I spoke the more I 779 01:29:09,990 --> 01:29:10,150 should. 780 01:29:13,630 --> 01:29:19,810 Legislation says, in particular, now it does not say enforcement 781 01:29:19,810 --> 01:29:30,030 proceedings. Correct. And your suggestion it does is narrowly. Clarify. You 782 01:29:30,030 --> 01:29:34,130 can say narrow, I say clarify. Now we have a different interpretation of the 783 01:29:34,130 --> 01:29:40,550 same word. I'm giving you. Okay. I told you when I thought of the legislative history, you know, 784 01:29:40,610 --> 01:29:50,970 it's like I can't prove it. Yeah. It narrows it. And what Ed's proposal does is clarifies what I think 785 01:29:50,970 --> 01:29:57,590 was the original one. Now I sound like a constitutional lawyer. Sit that once, but not anymore. 786 01:29:58,570 --> 01:29:59,890 So let me ask. 787 01:30:06,320 --> 01:30:17,760 We all agree that the roll is in the town code, but we disagree on the interpretation of a particular 788 01:30:17,760 --> 01:30:28,280 matter. Is that fair? Okay. So clarifying what, you know, the code does versus changing what 789 01:30:28,280 --> 01:30:35,920 the code does is kind of a fine line. Are we changing the meaning of the code if we say, 790 01:30:36,120 --> 01:30:46,060 oh, you know, it's any matter, or maybe you would say we're changing the code if we say 791 01:30:46,060 --> 01:30:55,400 an enforcement, that's narrowing the code in your interpretation. So it's a code issue that 792 01:30:55,400 --> 01:31:01,440 requires clarification and what have we done for the last two and a half years when we have a 793 01:31:01,440 --> 01:31:07,700 code issue that requires clarification is that we bring it before the town board and 794 01:31:08,620 --> 01:31:17,480 with a recommendation to clarify and we should say any matter or we should say a particular 795 01:31:17,480 --> 01:31:29,740 enforcement matter. In either case, it would clarify what we're talking about now. Are we narrowing it or are we expanding it? 796 01:31:31,180 --> 01:31:42,560 You want it to expand it and you want to expand it? I'll take narrow. I want to make it specific to enforcement matters, which is what I think it's intended to be. 797 01:31:42,560 --> 01:31:57,400 So it's an issue and it really isn't something that I think we ought to do or can do or should purport to do through our own internal guidelines, which are very flexible. 798 01:31:57,860 --> 01:32:01,900 And we can change them anytime we've got, you know, or quorum to do that. 799 01:32:03,600 --> 01:32:04,620 Oh, sorry. 800 01:32:04,980 --> 01:32:05,660 That was it. 801 01:32:09,820 --> 01:32:10,120 Oh, 802 01:32:13,060 --> 01:32:13,660 Oh, 803 01:32:14,900 --> 01:32:15,500 Oh, 804 01:32:15,500 --> 01:32:15,540 Oh, 805 01:32:15,540 --> 01:32:15,580 Oh, 806 01:32:15,580 --> 01:32:16,440 Oh, 807 01:32:19,180 --> 01:32:22,980 regarding your point, I understand what you're saying, but, but 808 01:32:25,260 --> 01:32:29,240 in my mind, it is not the right approach because of this. 809 01:32:29,920 --> 01:32:33,320 When you say it has to be of an important matter. 810 01:32:35,040 --> 01:32:43,640 I can just imagine, and it's one, two, three, four attorneys here, when it comes up, we're 811 01:32:43,640 --> 01:32:47,660 going to spend hours saying, is it important, or not important? 812 01:32:47,980 --> 01:32:48,500 Enforcement. 813 01:32:49,340 --> 01:32:49,800 Enforcement. 814 01:32:49,880 --> 01:32:50,380 Enforcement. 815 01:32:50,620 --> 01:32:52,260 Is it enforcement or not enforcement? 816 01:32:53,240 --> 01:32:55,100 That's exactly what I want to avoid. 817 01:32:56,080 --> 01:32:58,080 My language is any matter. 818 01:32:58,980 --> 01:33:00,440 It takes that off the table. 819 01:33:03,880 --> 01:33:06,700 I'm just going to reiterate what I said before. 820 01:33:07,020 --> 01:33:08,480 Well, don't reiterate then. 821 01:33:09,260 --> 01:33:16,720 No, I believe that we went through this in the drafting of the legislation. 822 01:33:16,960 --> 01:33:23,640 I think at this point, and we did not put in enforcement matter that we put in the 823 01:33:23,640 --> 01:33:29,260 particular and it covers a lot more than enforcement, and I think we should put it to about 824 01:33:31,740 --> 01:33:42,300 Yeah, and I will just say, fine with voting on it, do you think that a best practice would 825 01:33:42,300 --> 01:33:51,420 be that as early in the process as possible that the alternate knows that they are going 826 01:33:51,420 --> 01:33:58,440 to be voting on that particular matter. I would want to see a situation in which 827 01:34:00,520 --> 01:34:07,860 sitting member of the board has participated extensively in a particular matter and then 828 01:34:07,860 --> 01:34:15,860 only because the timing of the vote happening at a conflict allowed somebody else to suddenly 829 01:34:15,860 --> 01:34:17,160 assume the voting spot. 830 01:34:20,060 --> 01:34:24,820 I don't know how you avoid that. I think you avoid it by a lot of different 831 01:34:24,820 --> 01:34:38,360 ways of avoiding it, which would just be... I mean, 832 01:34:41,510 --> 01:34:42,790 this is all internal guidelines, 833 01:34:43,010 --> 01:34:47,210 is it right? So it's how we govern ourselves. No, I don't think it's an internal guideline. 834 01:34:50,430 --> 01:34:50,870 That's 835 01:34:50,870 --> 01:34:59,030 There's a provision in the town code that is let's call it vague or subject to interpretation 836 01:34:59,030 --> 01:35:02,930 and there are a couple of different interpretations of that. 837 01:35:05,010 --> 01:35:12,790 If we say any matter in our internal guidelines, are we expanding that? 838 01:35:13,070 --> 01:35:13,970 I believe yes. 839 01:35:14,310 --> 01:35:17,930 If we say enforcement matter, are we restricting it? 840 01:35:17,930 --> 01:35:21,530 I would say clarifying, but Sue says restricting. 841 01:35:22,250 --> 01:35:24,890 So it's an interpretation of the town code. 842 01:35:25,090 --> 01:35:33,270 I think at a minimum, before we arguably change the town code one way or another, 843 01:35:34,250 --> 01:35:43,310 we should get some kind of clarification as to what the town board wants to do with that. 844 01:35:44,230 --> 01:35:55,230 I think that we can meet your suggestions really by saying when a member has been not 845 01:35:55,230 --> 01:35:57,810 participated in the discussions then. 846 01:35:58,270 --> 01:35:58,870 Yep. 847 01:36:00,850 --> 01:36:02,830 I didn't find that as language. 848 01:36:03,150 --> 01:36:07,230 But with those, that phrase put in just before as language. 849 01:36:07,230 --> 01:36:13,130 But, Sue, how does that address, you know, last meeting of voting on who should be the 850 01:36:13,130 --> 01:36:16,410 chair because David was absent? 851 01:36:17,070 --> 01:36:22,550 I think that that is something that nobody had talked about before. 852 01:36:22,850 --> 01:36:24,870 It hadn't been the subject of earlier meetings. 853 01:36:25,530 --> 01:36:33,550 And according to your interpretation, it would be fine to select, but to undertake 854 01:36:33,550 --> 01:36:40,910 One of the most significant things we do every year if we choose to elect a chair and a secretary. 855 01:36:42,270 --> 01:36:50,690 I mean, what if David wanted to be president last meeting and we're going to do this charity, but you have a comment. 856 01:36:51,050 --> 01:36:56,630 I think that was one of the reasons we stopped discussing it this because he wasn't here and we were talking about him. 857 01:36:57,090 --> 01:37:01,630 Possibly filling one of the roles. We said, wait a minute. We can't discuss it when he's not here. 858 01:37:01,630 --> 01:37:05,710 wait till the next meeting. We're talking about him. We'll do it next. So that was a very sensible 859 01:37:05,710 --> 01:37:12,010 way to postpone it because there's five of us playing these roles and we're talking about him 860 01:37:12,010 --> 01:37:17,130 for one of them. Obviously we're not going to do it without him. So it wasn't that we just, 861 01:37:17,430 --> 01:37:22,150 you know, did what you were saying. It was because he's too important in this particular 862 01:37:22,150 --> 01:37:26,910 discussion to not be here for it. And that's why I brought her up to this meeting. 863 01:37:27,770 --> 01:37:39,790 Right. But what would have, what would have the result been had instead of David been nominated that and her charity had been nominated at the last meeting? 864 01:37:39,790 --> 01:37:40,830 You might want to be nominated. 865 01:37:41,690 --> 01:37:42,290 That was. 866 01:37:43,710 --> 01:37:45,670 Oh, I see that's your position. 867 01:37:46,670 --> 01:37:46,930 Yeah. 868 01:37:48,330 --> 01:37:50,190 So, Tim, and I call for the vote. 869 01:37:54,300 --> 01:38:00,000 May I suggest a brief, a very one clause addition to it? 870 01:38:00,540 --> 01:38:01,740 To what? 871 01:38:01,840 --> 01:38:05,540 To Ed's proposal, which I'm still looking for. 872 01:38:06,380 --> 01:38:09,320 Ed, can you read it all out and I'll tell you where? 873 01:38:09,420 --> 01:38:14,020 Well, nevertheless, in five members of the Board of Ethics, you are able to vote. 874 01:38:14,020 --> 01:38:21,280 Here is an alternate or alternate shall be selected to serve as a member of the Board of Ethics with that vote 875 01:38:22,300 --> 01:38:24,400 Then it goes on to yeah 876 01:38:25,220 --> 01:38:29,720 You'll have to read the rest of it. No, hang on. Let me let me call it out 877 01:38:33,360 --> 01:38:38,860 Again, we're never less than five members of the Board of Ethics are able to vote and 878 01:38:38,860 --> 01:38:46,100 And alternate shall be selected to serve as member of the Board of Ethics for that vote. 879 01:38:46,940 --> 01:39:01,360 And David, I would suggest that your phrase goes in whenever less than five members of the Board of Ethics are able to vote. And what do you want to put into the timeline and have been and have not participated fully? 880 01:39:03,500 --> 01:39:08,940 I guess that's probably all right. But that's still vague, right? Penny, help out here. 881 01:39:09,260 --> 01:39:10,220 It's way too vague. 882 01:39:12,320 --> 01:39:16,620 What is it that we're trying to accomplish that the alternates, I'm sorry, 883 01:39:17,080 --> 01:39:25,660 are we trying to accomplish that the alternates need to be here for the entire time so that they 884 01:39:25,660 --> 01:39:32,780 are able to vote. I mean that's one of the positions I would take. Obviously you 885 01:39:32,780 --> 01:39:37,720 don't want an alternate who walked in that day. One of the members is not 886 01:39:37,720 --> 01:39:44,120 available on that day. If that was me I would not want to vote because I don't 887 01:39:44,120 --> 01:39:50,480 have enough information. So amongst the clarifying pieces would be that the 888 01:39:50,480 --> 01:39:54,700 alternate would not have been here during the time that the issue was 889 01:39:54,700 --> 01:40:01,280 discussed but I think we have to kind of play with the language. I'm not sure that this requires 890 01:40:01,280 --> 01:40:08,320 any great brush unless everybody here believes that but I think it requires some let's toss the 891 01:40:08,320 --> 01:40:13,500 language around let's figure out what everybody's comfortable with and let's make sure it's in 892 01:40:13,500 --> 01:40:22,780 compliance with the code. But the one question I have is are the same criteria given to put an 893 01:40:22,780 --> 01:40:28,060 alternate on this board as a regular member, a voting member, or they're different criteria. 894 01:40:28,340 --> 01:40:33,500 I think it's the same criteria, right? I mean, it's the same application that gets built out, 895 01:40:33,740 --> 01:40:39,400 but I think it's just the same interview. Yeah, same interview. There's no reason why an alternate 896 01:40:39,400 --> 01:40:44,640 would not be able to assume that position provided they were there the whole time. 897 01:40:44,740 --> 01:40:50,140 I'm thinking of an alternative juror. But that's why I thought that 898 01:40:50,140 --> 01:41:01,500 But the alternate should only vote when they, like, began, when the discussion began knowing 899 01:41:01,500 --> 01:41:05,540 that they would be voting on the matter, right? 900 01:41:05,860 --> 01:41:10,880 So like, such, I, otherwise it feels bait and switch to me. 901 01:41:11,720 --> 01:41:13,220 Wait, it's bait and switch. 902 01:41:13,460 --> 01:41:19,900 I think the alternate should know that if you take this position, as long as you 903 01:41:19,900 --> 01:41:31,880 If you are here for all of the discussion, then you very likely could be called upon. That's, that's fair. But if you weren't here for the entire discussion, you should not. 904 01:41:32,420 --> 01:41:33,060 That's fair. 905 01:41:33,480 --> 01:41:40,980 Let me let me let me try and, and no I want to give party an opportunity to weigh in on this. 906 01:41:41,800 --> 01:41:44,440 And, Charity, can you hand that to Art, because you've got it. 907 01:41:44,600 --> 01:41:45,520 I can speak loudly. 908 01:41:45,960 --> 01:41:52,020 My understanding of an alternate is somebody who was required to be at all the meetings 909 01:41:52,960 --> 01:41:55,840 and understands all the issues that are being presented. 910 01:41:56,540 --> 01:42:03,180 I think once you start all of these qualifying statements about the function of the alternate, 911 01:42:03,740 --> 01:42:05,820 you're better off not having any alternates. 912 01:42:07,700 --> 01:42:23,160 Because if you're going to stipulate that they can enter into a discussion here or make a vote here, I think you are not only limiting what they can do, but you are eliminating the need for them. 913 01:42:26,460 --> 01:42:28,440 Sue, do you have a comment? 914 01:42:28,680 --> 01:42:29,800 Because I have a suggestion. 915 01:42:30,380 --> 01:42:31,460 Oh, there's a little proposal to a vote. 916 01:42:32,000 --> 01:42:39,660 Well, I like Hennie's suggestion that we circulate language that 917 01:42:40,300 --> 01:42:43,000 is much more likely to achieve consensus. 918 01:42:44,120 --> 01:42:47,580 For example, consensus, not, you know, 919 01:42:47,740 --> 01:42:52,540 with the exception of the annual election of chair or secretary, 920 01:42:52,540 --> 01:43:14,080 Whenever fewer, and I insist on word fewer instead of less, whenever fewer than five members are able to vote on a particular matter, and you can insert whatever clarifying language to address your point that may or may not fly when we ultimately talk about this, 921 01:43:16,680 --> 01:43:27,700 that we circulate language that's a little broader than what you have suggested, and we pick this up at the next meeting. 922 01:43:28,980 --> 01:43:31,600 I don't think there's any real rush on this. 923 01:43:32,320 --> 01:43:38,300 I agree that there's no rush. I do disagree with drawing exceptions. 924 01:43:38,300 --> 01:43:50,120 All right, I think that the selection of officers is important, but it should not be subject 925 01:43:50,120 --> 01:43:51,980 to different rules. 926 01:43:53,040 --> 01:44:01,100 I think that the alternate, if they have been present and have been able to partake 927 01:44:01,100 --> 01:44:08,880 as we've always had them partake, as we've shown just in this discussion, they should 928 01:44:08,880 --> 01:44:19,480 have the right to vote. I appreciate David's wish not to have the alternate come in in the last minute. 929 01:44:19,900 --> 01:44:28,880 Nonetheless, if the alternates have been involved as they are here right now, 930 01:44:29,760 --> 01:44:37,820 I don't think it matters if that tummy egg takes one of us out right now or not. 931 01:44:38,960 --> 01:44:51,640 Um, perhaps the wisest thing to do, even though I think there should be much to about now is everyone go home, sleep on it, and it'll be on the agenda next time. 932 01:44:52,380 --> 01:44:56,580 Yeah, and we know we have an upcoming meeting. So, yeah, that makes some sense to me. Okay. 933 01:45:00,240 --> 01:45:07,200 I'm fine with that. What I don't want to see happen. I don't want to see email going back from the board. 934 01:45:07,280 --> 01:45:09,940 Absolutely. That I don't want to say. That's fair. 935 01:45:09,960 --> 01:45:11,320 Yeah, I agree. 936 01:45:11,360 --> 01:45:18,920 And by the way, the purpose of that email was not to have discussion back and forth. 937 01:45:19,480 --> 01:45:28,040 I thought it was only proper since it came up at the previous meeting that everyone had the opportunity to think about and evaluate it. 938 01:45:28,040 --> 01:45:35,320 And I have no objection to us putting it off to the next meeting, but I don't want to see any back in thought. 939 01:45:35,580 --> 01:45:40,200 So, yeah, I really can discuss protocol for a moment. I would, I would agree with that. 940 01:45:40,880 --> 01:45:44,800 And so it's perfectly clear. 941 01:45:45,300 --> 01:45:51,040 And you've made the point, Brian, that we cannot have discussions by email. 942 01:45:51,040 --> 01:45:57,580 Nonetheless, I think that what ended here was very useful. 943 01:45:58,160 --> 01:46:18,120 And so I would ask that if a member of the sport or an alternate has an idea for some legislation that says rooms should be all purple in the town of Northcastle, that's ethical, that they circulate that proposal. 944 01:46:18,120 --> 01:46:22,840 And no one comment on it, but we all have time to think about it. 945 01:46:23,340 --> 01:46:34,940 The way, the way agenda items are, you know, the way we've dealt with agenda items is that, you know, two or more members, you know, can put something on the agenda. 946 01:46:38,000 --> 01:46:38,660 What's that? 947 01:46:39,220 --> 01:46:41,000 I'll talk to you later. One. 948 01:46:42,140 --> 01:46:43,060 any member? 949 01:47:07,920 --> 01:47:09,920 Yeah, give me a second because I just saw it. 950 01:47:13,680 --> 01:47:15,240 That's a motion for two. 951 01:47:38,990 --> 01:47:39,590 Yeah, 952 01:47:40,350 --> 01:47:48,890 give me more time, but we'll make this up at the next meeting. Anyway, do you have a 953 01:47:48,890 --> 01:47:56,490 problem with the concept that folks, namely if a member or alternate on this board wants 954 01:47:56,490 --> 01:48:01,610 the room page in purple, but they draft that and no discussion. 955 01:48:02,090 --> 01:48:09,930 Yeah, the way that my practice over the last couple of years is that we can share information 956 01:48:10,680 --> 01:48:23,010 but not debate things, and that is essential to, I think, an effective way to run a board 957 01:48:23,010 --> 01:48:27,450 and still comply with the state's open meeting laws. 958 01:48:27,650 --> 01:48:30,010 Because once you start discussing things, 959 01:48:30,430 --> 01:48:34,830 and gosh, we all know that probably the worst way 960 01:48:34,830 --> 01:48:36,830 to come to an agreement is through texting. 961 01:48:37,550 --> 01:48:40,350 And the next worst way to come to an agreement 962 01:48:40,350 --> 01:48:41,390 is through email. 963 01:48:42,010 --> 01:48:45,290 And the third worst way is through Zoom. 964 01:48:46,010 --> 01:48:49,450 And the best way is when everybody's present 965 01:48:49,450 --> 01:48:55,230 and everybody is presented with the same amount of information. 966 01:48:55,570 --> 01:49:02,450 So you can send in informative information to the... 967 01:49:04,030 --> 01:49:11,610 I would recommend that it go to the chair with a request to circulate it to the board. 968 01:49:11,790 --> 01:49:12,630 This is information. 969 01:49:12,630 --> 01:49:22,510 For example, I pull up five code sections that I've found on different boards of ethics 970 01:49:22,510 --> 01:49:28,090 throughout the state and throughout the region, which will inform the discussion that we're 971 01:49:28,090 --> 01:49:29,370 going to have at the next meeting. 972 01:49:29,770 --> 01:49:36,510 I would send all that around for FYI and for consideration in advance of our next 973 01:49:36,510 --> 01:49:36,850 meeting. 974 01:49:36,850 --> 01:49:44,910 It would be inappropriate for somebody to say, hey, that third provision is terrible because X, Y, and Z. 975 01:49:45,590 --> 01:49:54,690 And we've been really good at doing that. And I think that is, you know, a hallmark of an effective board. 976 01:49:55,390 --> 01:50:05,610 So I agree with you. And my point that I raised in response to yours is I thought that it was language. 977 01:50:05,610 --> 01:50:11,310 And I still believe that it is language that is in the town code and that we should take 978 01:50:11,310 --> 01:50:18,670 it up as an amendment or a clarification of the code of ethics and not deal with it as 979 01:50:19,590 --> 01:50:23,030 an amendment to our internal guidelines. 980 01:50:23,290 --> 01:50:26,390 But again, that's for a subsequent meeting. 981 01:50:26,770 --> 01:50:33,910 And if we want to circulate language, the problem with circulating language is that 982 01:50:33,910 --> 01:50:41,430 If one person circulates language, does that prohibit somebody else from circulating additional 983 01:50:41,430 --> 01:50:46,530 language or reacting to that language with different language? 984 01:50:46,750 --> 01:50:53,870 And that gets to be a discussion that happens by email, effectively a discussion, you know, 985 01:50:53,930 --> 01:50:55,110 by changing the language. 986 01:50:55,110 --> 01:51:06,950 So what I'm proposing is that if anyone here has a call with respect to legislation or internal guidelines 987 01:51:06,950 --> 01:51:15,550 or a subject that should be discussed by the board of ethics, that you write a cryptic memo 988 01:51:15,550 --> 01:51:24,490 or if it's a cryptic piece of legislation, write that so that we all can think about it. 989 01:51:25,590 --> 01:51:26,810 And nothing more. 990 01:51:28,860 --> 01:51:35,040 There should not be something back saying, oh, I would change this phrase or that phrase. 991 01:51:35,440 --> 01:51:41,120 It's a starting point for a discussion which will take place only at the meeting. 992 01:51:42,380 --> 01:51:53,620 I would think that the topic is what should be circulated, not race to get the first language 993 01:51:53,620 --> 01:52:05,100 out there that will be the discussion point for the meeting because, you know, I've circulated 994 01:52:05,100 --> 01:52:14,700 drafts and you come to the meeting with your own draft and you know that's it's 995 01:52:14,700 --> 01:52:24,140 really difficult to do both I think that you and maybe I'm at fault on this but 996 01:52:24,140 --> 01:52:32,820 the discussion should be at a minimum conceptual to flag it for people and you 997 01:52:32,820 --> 01:52:42,160 You know, it's a balancing act to try and, you know, put a lot of substance out there and still say this is all subject for discussion. 998 01:52:42,800 --> 01:52:55,740 Please come with your comments. And if your comments are this thing needs to be trashed and replaced in its entirety. Here's my recommendation. So be it. 999 01:53:00,700 --> 01:53:08,120 I think it's more appropriate and more effective to do what I did, and that giving a specific 1000 01:53:08,120 --> 01:53:14,720 language rather than just a topic, what would be the purpose in giving the topic that specific 1001 01:53:14,720 --> 01:53:15,300 language? 1002 01:53:15,920 --> 01:53:23,480 It wasn't my intent to influence anybody or anything else, just for everyone to know 1003 01:53:23,480 --> 01:53:29,820 what my thoughts were in specific and then discuss it at the meeting okay well 1004 01:53:29,820 --> 01:53:35,380 we're gonna put this off to the next meeting yeah so that brings us to the 1005 01:53:35,380 --> 01:53:42,480 chair's report which I have training I'm leaving out I don't believe so I did 1006 01:53:42,480 --> 01:53:51,720 explain that I had a meeting with the supervisor to clarify who was 1007 01:53:51,720 --> 01:54:04,660 responsible for the legal opinion and as much as we're all lawyers that would require advice 1008 01:54:04,660 --> 01:54:16,260 to the Board of Ethics or advice to the Town Board from the Town's Council or Council 1009 01:54:16,260 --> 01:54:17,480 to the Board of Ethics. 1010 01:54:17,480 --> 01:54:22,280 one of the things that I've learned, even though there were a host of lawyers on the school board, 1011 01:54:22,400 --> 01:54:27,200 is that when there were legal issues to be discussed, you've got a legal opinion, 1012 01:54:27,960 --> 01:54:33,800 and you don't have to agree with it. You can vote against, but we shouldn't be our own lawyers. 1013 01:54:36,360 --> 01:54:42,700 So, but that issue was mooted. That's part of my chair's report on that and 1014 01:54:42,700 --> 01:54:50,320 And moving forward, topics for future agendas, requests for information, date for next meeting. 1015 01:54:50,760 --> 01:54:56,000 Anybody have anything other than suggestions for the date or next meeting? 1016 01:54:56,800 --> 01:55:04,620 I think we need input from new Jose because we're supposed to meet again before a public 1017 01:55:04,620 --> 01:55:05,120 hearing. 1018 01:55:05,300 --> 01:55:10,080 What is the earliest date that we can possibly have for a public hearing? 1019 01:55:12,580 --> 01:55:20,820 We're asking for a public hearing or that's our next step is presentation to the board. 1020 01:55:21,000 --> 01:55:24,840 I thought you said we were meeting before we go to the public hearing. 1021 01:55:25,020 --> 01:55:26,580 No, there's two steps. 1022 01:55:26,800 --> 01:55:26,980 Oh. 1023 01:55:27,380 --> 01:55:36,000 We've agreed on language that will be drafted to be presented to the board for acceptance. 1024 01:55:36,520 --> 01:55:36,900 Yes. 1025 01:55:36,900 --> 01:55:44,680 Once they accept our proposed amendments, then they will schedule a hearing. 1026 01:55:45,020 --> 01:55:51,360 So we have to be on the agenda to accept the language that we're proposing. 1027 01:55:52,220 --> 01:56:01,300 And that can happen at the 19th, which is the next, wait, check that, the 12th. 1028 01:56:01,300 --> 01:56:03,780 The 12th is the meeting. 1029 01:56:04,080 --> 01:56:04,280 Right. 1030 01:56:04,280 --> 01:56:19,500 But that is the first date that the board can possibly accept our language. And then your question is, what's the likelihood of them scheduling a public hearing? 1031 01:56:19,660 --> 01:56:24,220 The earliest date they might because we need to meet before that. That's what I'm asking. Okay. 1032 01:56:25,520 --> 01:56:37,160 The next meeting, and I'm not, I can't guarantee that I can get this to the board in the next day or so in order to get on the agenda for the 12th to have it accepted. 1033 01:56:38,880 --> 01:56:47,500 Yeah, so what's the schedule of the next town board meeting after that is the 26th. 1034 01:56:47,500 --> 01:57:04,620 That's also an expansion of the same, I'm not sure they can't speak for the whole town board, but I would want, I think it's important to have more than one public, or extend the public hearing to more than one. 1035 01:57:04,860 --> 01:57:06,780 I said that last town board meeting. 1036 01:57:07,760 --> 01:57:09,660 But I don't know what will happen. 1037 01:57:09,660 --> 01:57:28,640 Um, you can submit it and it's not, it's not to quibble, but I think it's receiving it, you know, we have, whatever the ministerial act, correct kind of. Yeah. Yeah. I think there's some discretion, even as to whether we receive things, but obviously it would be received and then schedule public hearings. 1038 01:57:28,640 --> 01:57:38,580 At the work session, there was a consensus by the board, I believe, the town board that 1039 01:57:38,580 --> 01:57:45,640 it be scheduled in a way that would assure that it would become effective before this 1040 01:57:45,640 --> 01:57:47,000 November election cycle. 1041 01:57:47,000 --> 01:57:59,180 And they've talked about, oh, if we accept it, if you submit it by the 5th and we accept 1042 01:57:59,180 --> 01:58:07,860 it on the 12th, they talked about the possibility of a public hearing on the 26th, which I think 1043 01:58:07,860 --> 01:58:10,820 is unlikely given, you know, other people. 1044 01:58:10,820 --> 01:58:12,360 That might be a bit ambitious at this point. 1045 01:58:12,540 --> 01:58:12,640 Right. 1046 01:58:12,880 --> 01:58:13,180 I agree. 1047 01:58:13,180 --> 01:58:16,900 Listen, you folks have to decide, but I don't see any real arm. 1048 01:58:17,280 --> 01:58:24,200 If you know you make sure you do whatever you need to get it in the town board for the meeting on the 26th, and then go from there. 1049 01:58:24,440 --> 01:58:28,180 Right. And then is the next meeting after that the 12th? 1050 01:58:28,900 --> 01:58:30,280 The 12th of March. 1051 01:58:30,280 --> 01:58:30,660 March. 1052 01:58:35,680 --> 01:58:41,040 Last year I had all the town board meetings on my personal calendar because that was essential 1053 01:58:41,040 --> 01:58:49,460 and it looks like, you know, I'm going to have to do the same thing for this year. Okay, 1054 01:58:51,500 --> 01:58:59,140 fair enough. I'll try and be diligent in getting this to one of those meetings 1055 01:58:59,140 --> 01:59:09,040 things or receipt by the town board and then we'll ask them to set a public hearing and 1056 01:59:09,820 --> 01:59:18,280 everybody is aware that this may be, you know, it's not, if we say let's do a public hearing 1057 01:59:18,280 --> 01:59:24,520 and they're concerned that there's not enough time, it's better to do multiple public hearings 1058 01:59:25,360 --> 01:59:40,960 rather than trying to find a time to do an hour and a half public hearing for this because I don't think an hour and a half is anything that the board is willing to give in any one fell swoop. 1059 01:59:40,960 --> 01:59:53,280 It depends, but it doesn't seem, last time went through a few public hearings, it doesn't seem to, back a couple years ago, it doesn't seem to be as much disagreement. 1060 01:59:53,920 --> 01:59:54,160 Okay. 1061 01:59:54,160 --> 01:59:55,940 these things have been in the past. 1062 01:59:56,680 --> 01:59:59,700 So this is important somewhere other than public hearing. 1063 02:00:00,000 --> 02:00:08,000 This is safe if we have a meeting on if people are available March 4th. You're not going to have a public hearing before that. 1064 02:00:08,320 --> 02:00:13,600 Well, certainly if you don't request it before then. So that would give you enough time. 1065 02:00:14,040 --> 02:00:18,000 Yeah, that's it. Are people available March 4th? 1066 02:00:22,840 --> 02:00:26,180 I'm not available March 1067 02:00:32,710 --> 02:00:39,650 1st through March 4th. 1068 02:00:39,650 --> 02:00:47,440 I have a conflict on March 5th. 1069 02:00:48,140 --> 02:00:50,220 March 6th. 1070 02:00:56,180 --> 02:01:01,120 I have a 1030 commitment on the 6th, which means I have to be going on at 10, 15. 1071 02:01:02,080 --> 02:01:03,020 I'd rather do March 10. 1072 02:01:04,220 --> 02:01:05,080 I'd rather do March 10. 1073 02:01:06,700 --> 02:01:07,520 March 10. 1074 02:01:07,880 --> 02:01:08,520 Is that what you're saying? 1075 02:01:08,860 --> 02:01:08,960 Yep. 1076 02:01:09,260 --> 02:01:09,400 Nope. 1077 02:01:10,160 --> 02:01:10,500 No good. 1078 02:01:10,880 --> 02:01:11,180 Thank you. 1079 02:01:11,980 --> 02:01:13,600 This is the hardest thing we do. 1080 02:01:13,700 --> 02:01:15,380 I could do, I could also do March 11. 1081 02:01:15,840 --> 02:01:16,460 March 11. 1082 02:01:17,240 --> 02:01:20,000 That only gives us one day. 1083 02:01:21,380 --> 02:01:29,100 before the market for the March 12th board meeting so right right are we 1084 02:01:29,100 --> 02:01:36,720 considering the issue of 333 Main Street February 25 he was nice so for the 1085 02:01:36,720 --> 02:01:44,100 26 so I think we should consider the fact 333 Main Street it's going to be 1086 02:01:44,100 --> 02:01:54,660 taking up a lot of town public hearing. That's why I am assuming nothing is happening on the 12th or 26th. 1087 02:01:55,520 --> 02:02:01,100 I'm sorry. The meeting being on March on February 25. 1088 02:02:06,990 --> 02:02:08,150 You're grimacing David. 1089 02:02:08,890 --> 02:02:12,990 Why did you throw out a date? I did. I said the 10th and the 11th. 1090 02:02:13,790 --> 02:02:19,830 the 10th works for me but but can we just doesn't that work medical thing okay 1091 02:02:19,830 --> 02:02:30,200 on the 10th what about the 11th which month will you end a mark and then we 1092 02:02:30,200 --> 02:02:35,580 just said that we wanted the public hearing on the 26th if we don't want it 1093 02:02:35,580 --> 02:02:41,340 the next we don't want it on the 12 or whenever the next March 26 is that 1094 02:02:41,340 --> 02:02:50,740 another, uh, town board meeting. Okay. Supervisor indicated they're going to have two town board meetings, two public hearings on three thirties. 1095 02:02:51,320 --> 02:02:58,780 No, no, that's February. We're trying to. That's February six, I think, for the public hearing. Okay. Why don't we set our date at March 11? 1096 02:02:59,880 --> 02:03:03,320 Great. Uh, let me, let me look. 1097 02:03:05,600 --> 02:03:06,300 Is that suitable? 1098 02:03:06,300 --> 02:03:06,400 Are you available? 1099 02:03:09,460 --> 02:03:10,300 March 11? 1100 02:03:11,080 --> 02:03:11,600 Yeah. 1101 02:03:12,080 --> 02:03:13,180 March 11, what time? 1102 02:03:14,100 --> 02:03:16,480 Nine o'clock or 8.30 as you as well. 1103 02:03:16,840 --> 02:03:18,020 I can't do it in the morning. 1104 02:03:18,480 --> 02:03:18,740 Sorry. 1105 02:03:19,340 --> 02:03:20,700 I can't do it in the morning. 1106 02:03:24,110 --> 02:03:25,610 Ask a dumb question. 1107 02:03:27,130 --> 02:03:28,370 I know a dumb question. 1108 02:03:28,730 --> 02:03:32,650 I could do later in the day on, 1109 02:03:33,090 --> 02:03:35,710 I can't do later on the 11th because I have a flight that afternoon. 1110 02:03:39,040 --> 02:03:41,140 I can do later on the 10th. 1111 02:03:42,520 --> 02:03:46,920 Any time on the 10th works for me. I could do five o'clock on the 10th. 1112 02:03:46,960 --> 02:03:47,580 Is that okay? 1113 02:03:50,720 --> 02:03:53,980 My day isn't my day after the morning. 1114 02:03:55,120 --> 02:03:56,780 I can't make any promises. 1115 02:03:58,700 --> 02:04:01,460 I'm the head of a lot of different departments in my household. 1116 02:04:01,460 --> 02:04:10,230 How about Monday the 17th, St. Patrick's Day? That is the day I never go into the city. 1117 02:04:10,430 --> 02:04:12,130 No, that's fine. 1118 02:04:13,050 --> 02:04:21,610 Also your birthday. I think this is good. I think we should definitely do the nice meeting. Your first meeting is chair, your birthday, St. Patrick's Day. 1119 02:04:22,230 --> 02:04:22,730 Who can do it? 1120 02:04:22,990 --> 02:04:23,770 We have free beers. 1121 02:04:24,190 --> 02:04:25,290 Free beers is fine. 1122 02:04:27,630 --> 02:04:29,390 We'll bring you whiskey then, okay? 1123 02:04:30,450 --> 02:04:31,250 Is that 9 o'clock? 1124 02:04:32,790 --> 02:04:37,770 Yeah, nine o'clock is fine by me. Okay. Ethics board March 17. 1125 02:04:40,500 --> 02:04:46,480 Yeah, that works for me. Everyone else. Ed, you good with March 17. 1126 02:04:47,060 --> 02:04:53,880 Comment on your talent as a St. Patrick's Day lunch in that day at 12 o'clock. Well, we'll be here to finish. 1127 02:04:55,060 --> 02:04:57,100 I better be home by then, 1128 02:04:59,220 --> 02:05:01,080 9 o'clock. Yeah, 1129 02:05:03,320 --> 02:05:04,200 on the 17th. 1130 02:05:04,400 --> 02:05:16,340 And then we will try to have, obviously the public hearing for the 26th or the meeting after that, depending on the town preferences. 1131 02:05:18,280 --> 02:05:18,940 Thank you. 1132 02:05:19,400 --> 02:05:23,100 I know that was difficult, but it oftentimes is. 1133 02:05:23,100 --> 02:05:33,320 And that's something that is almost impossible to do by, you know, Penny, we have one more substantive item, which is the approval of the minutes in January. 1134 02:05:33,500 --> 02:05:34,740 And let's approve the minutes. 1135 02:05:34,960 --> 02:05:36,100 Well, we have topics in the future. 1136 02:05:37,800 --> 02:05:38,300 I like to it. 1137 02:05:38,500 --> 02:05:44,300 I already, I already said, does anybody have topics for future requests for information? 1138 02:05:45,120 --> 02:05:45,860 I have a topic. 1139 02:05:46,120 --> 02:05:46,420 Okay. 1140 02:05:46,420 --> 02:05:57,480 I'd like to have a discussion on the timeliness of the reporting of the minutes that discussed 1141 02:05:57,480 --> 02:05:58,120 with that meeting. 1142 02:05:58,580 --> 02:06:01,200 The timeliness of the reporting of the minutes. 1143 02:06:01,200 --> 02:06:03,260 Reporting the publication. 1144 02:06:03,840 --> 02:06:04,840 No, the distribution. 1145 02:06:06,220 --> 02:06:06,900 Distribution. 1146 02:06:09,110 --> 02:06:11,850 Actually, that shouldn't require much discussion. 1147 02:06:12,150 --> 02:06:12,250 No. 1148 02:06:12,830 --> 02:06:13,290 Distribution. 1149 02:06:19,710 --> 02:06:20,550 Okay. 1150 02:06:24,250 --> 02:06:25,090 Noted. 1151 02:06:28,090 --> 02:06:29,590 We have a motion. 1152 02:06:30,850 --> 02:06:34,630 By David to approve the minutes of January 6. 1153 02:06:35,230 --> 02:06:35,850 And I second. 1154 02:06:36,930 --> 02:06:39,290 Charity second. Any discussion. 1155 02:06:43,240 --> 02:06:44,680 All in favor of the motion. 1156 02:06:45,160 --> 02:06:48,990 That passes unanimously. 1157 02:06:49,390 --> 02:06:53,170 I have a motion to adjourn the meeting. 1158 02:06:54,210 --> 02:06:54,510 David. 1159 02:06:56,930 --> 02:06:58,030 We have a second. 1160 02:06:58,710 --> 02:07:00,310 Penny, will you second that motion? 1161 02:07:03,250 --> 02:07:06,630 I recused myself at this very moment in time. 1162 02:07:07,450 --> 02:07:07,990 That's fair. 1163 02:07:08,230 --> 02:07:09,230 Sue, are you second? 1164 02:07:10,950 --> 02:07:18,550 And Penny has now been sworn in as the alternate to make the motion on adjourning the meeting. 1165 02:07:18,830 --> 02:07:20,930 All in favor of the motion to adjourn. 1166 02:07:21,430 --> 02:07:21,650 Yeah. 1167 02:07:22,410 --> 02:07:22,950 Unanimous. 1168 02:07:23,270 --> 02:07:24,210 Thank you, everybody. 1169 02:07:25,610 --> 02:07:26,530 Thank you for that. 1170 02:07:26,590 --> 02:07:27,130 Thank you, Bratz. 1171 02:07:27,350 --> 02:07:28,630 Well done. 1172 02:07:29,470 --> 02:07:30,190 Well done. 1173 02:07:30,410 --> 02:07:31,450 Thank you, Bratz.