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2007 Ethics Commission Minutes
Town of East Hampton
Ethics Commission Regular Meeting
Thursday, December 6, 2007
Eaton E. Smith Meeting Room
6:30 p.m.

Minutes

Present:  Chairman James Scroggins, Vice Chairman Leroy Lawson and members Mary Carter, David Fuka, John McBrearty and Mila Smith.  Also present was Town Attorney Jean D’Aquila and Recording Secretary Cathy Sirois.

Not Present:  David Gizewicz (away on business)

Call to order and Pledge of Allegiance:  Chairman James Scroggins called the meeting to order at 6:30 p.m.  All stood to recite the Pledge of Allegiance.  

Approval of Minutes
November 1, 2007 Regular Meeting: Mr. Lawson made a motion to approve the November 1, 2007 Regular Meeting minutes. Seconded by Mr. McBrearty.  So voted (6-0).

Chairman’s Communications:  Chairman Scroggins confirmed that all Commission members received the ethics complaint packet.

Planned Executive Session – Review Ethics Complaint 2007-1:   Mr. Lawson recused himself from Ethics Complaint 2007-1 prior to the Executive Session.  Chairman Scroggins seated the two alternates, Mr. McBrearty and Ms. Smith.  Ms. Carter made a motion to enter Executive Session at 6:40 p.m.  Seconded by Mr. Fuka.  So voted (5-0).  Attorney D’Aquila and Cathy Sirois were also present during Executive Session.

The Commission exited Executive Session at 7:10 p.m.  Mr. Fuka recused himself from Ethics Complaint 2007-1 and exited Executive Session at 6:55 p.m.

Chairman Scroggins unseated alternate Ms. Smith as Mr. Lawson returned.  Mr. Fuka also returned to the meeting.

Consider, Discuss and Take Possible Action on Request for Ethics Commission to Issue an Advisory Opinion Form:   The Commission reviewed the revised form.  In the “For Administrative Use Only” box at the bottom of the form, the word “Individual” in the third line will be changed to “Applicant”.  If no opinion will be rendered, this form will be sent back to the requestor.  Mr. Lawson made a motion to accept the revised Request for Advisory Opinion form with the change noted above.  Seconded by Mr. McBrearty.  So voted (6-0).

Consider, Discuss and Take Possible Action on Advisory Opinion Form:  The Commission reviewed the Advisory Opinion form.  The person signing the form, either the Chairman or Vice Chairman, will have their name and title typed on the form under the signature line.  Mr. Scroggins made a motion to accept the Advisory Opinion form with the addition of the typed name and title added.  Seconded by Mr. Fuka.  So voted (6-0).

Discussion of Legal Representation of Town Employees:  Attorney D’Aquila reviewed the topic of legal representation of town employees named in an ethics complaint.  Based on her investigations she believes that there are no State Statutes that requires a town to provide defense costs in an ethics complaint.  Collective bargaining unit contracts will need to be reviewed for mandates.  The Town Council can decide to reimburse employees and volunteers on boards and commissions for attorney fees related to an ethics complaint. The Commission discussed various situations that could arise regarding legal representations and reimbursement.  Mr. Fuka made a motion to recommend to the Town Council to incorporate an amendment to the Ethics Ordinance regarding reimbursement for legal expenses.  Seconded by Mr. Lawson.  So voted (6-0).  

Discussion Regarding Alternates/Hearing Process:  This item will be postponed to the next regular meeting.

Approval of 2008 Meeting Dates:  The Commission reviewed the listing of meeting dates for 2008.  The July 3rd date will be changed to July 10th due to the July 4th holiday.  Ms. Carter made a motion to accept the meeting dates with the July change.  Seconded by Mr. Lawson.  So voted (6-0).

Discussion of Administrative Procedures:  The Commission discussed the proper method to engage Attorney D’Aquila for Ethics Commission meetings in an advisory capacity.  Attorney D’Aquila indicated that a written request should be made to the Acting Town Manager for attendance of counsel at Ethics Commission meetings.  Chairman Scroggins will prepare a written request for the services of Attorney D’Aquila as counsel.  

A manual will be prepared for the administrative procedures of the Commission.  

Other Business to Consider:  A notebook will be put together with all forms and procedures of the Ethics Commission for reference purposes.  A listing of town employees and board and commission members will also be included.  

The Commission discussed the option of requesting that there be 3 or 4 alternates rather than only 2 alternates.  The Commission will consider a request of the Town Council to have 3 or 4 alternates on the Ethics Commission.

Mr. Lawson noted that he received word that there was a delay in the receipt of two packages sent to respondents via Certified Mail.  Ms. Sirois will check with the Post Office.  He also noted that the envelopes used to send the ethics complaint to the respondents was the same type of envelope sent by other boards and commissions that contain their regular meeting materials.  We may want to consider a note on front indicating “time sensitive” as well as confidential.  Ms. Sirois will investigate possibly purchasing a different type of envelope.

Also, Mr. Fuka and Mr. Lawson returned the packets of information for Ethics Complaint 2007-1 to the recording secretary as they have recused themselves from this complaint.

Adjournment:  
Mr. Scroggins made a motion to adjourn the meeting at 8:25 p.m.

Respectfully submitted,

Cathy Sirois
Recording Secretary

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Town of East Hampton
Ethics Commission Regular Meeting
Thursday, November 1, 2007
Eaton E. Smith Meeting Room
6:30 p.m.

Minutes

Present:  Chairman James Scroggins, Vice Chairman Leroy Lawson and members Mary Carter, David Fuka, David Gizewicz, John McBrearty and Mila Smith.  Also present was Recording Secretary Cathy Sirois.

Call to order and Pledge of Allegiance:  Chairman James Scroggins called the meeting to order at 6:30 p.m.  All stood to recite the Pledge of Allegiance.  

Approval of Minutes
October 11, 2007 Special Meeting: Mr. Fuka made a motion to approve the October 11, 2007 Special Meeting minutes with the corrections listed below. Seconded by Mr. McBrearty.  So voted (7-0). Corrections:
1.  Under the heading “Consider, Discuss and Take Possible Action to Finalize and Adopt Procedures/Forms”,
   the following changes were made:
   a.  A typographical error in first bullet/third line will be corrected from the word “probably” to
        “probable”.
   b.  Under the fourth bullet/third line, the words “the Commission’s” will replace the word “their”.
2.  The wording under “Grant Authorization for Town Attorney to Address Pending Ethics Complaints”
    should read “Mr. Scroggins made a motion to grant authorization for the Town Attorney to notify the
    applicants of the pending ethics complaints of the new forms and procedures.”

Consider, Discuss and Take Possible Action on Request for Ethics Commission to Issue an Advisory Opinion Form:
The Commission reviewed the revised form for Advisory Opinions and discussed changes. A signature line will be added to the form.  A box will be added at the bottom of the form entitled “For Administrative Use Only”.  The box will contain check boxes related to the action taken by the Commission.  The revised form will be presented at the next meeting for approval.

Discussion of Administrative Procedures:  
A.  The Commission discussed the procedures for the advisory opinion form.  The advisory opinion request will be numbered when received with a number, year and the letters AR for advisory request i.e. 001-08-AR. The advisory opinion generated will have the same number as the request and will also have the year and the letters AO for advisory opinion.  The advisory opinions will be filed in the Town Clerk’s office.  A full copy of the request, backup and the opinion will be filed in the Ethics Commission files in the Town Manager’s office.
B.  Cathy Sirois will be providing administrative support to the Ethics Commission through the Town Manager’s office.  
C.  Procedures for the processing of a complaint were discussed.  When an ethics complaint arrives in the Town Hall mail, the Chairman or the Vice Chairman will be notified to review the packet.  If the complaint is complete and valid, a letter will be sent to the complainant and respondent and copies will be made for the Commission members.  If there are issues with the complaint, such as an incomplete form, a letter will be sent to the complainant explaining the issues.  
D.  The agenda for future meetings will include a Communications item for the Chairman to provide information to the Commission such as any incomplete forms that were received.  Mr. Scroggins will also report to the Commission all other communications received.
Consideration of a Member and/or Secretary Becoming a Notary Public:  The Commission discussed who may become a Notary Public to be available to swear in witnesses at hearings, if needed.  Cathy Sirois will be applying to be a Notary Public through the Town Hall.  Mr. Fuka and Mr. McBrearty will also be submitting their applications.

Other Business to Consider:
Mr. Lawson asked whether the Joint Facilities group is included as town staff.  Cathy Sirois will check on this question.  Mr. Lawson also asked for clarification on multiple investigations.  For example if an ethics complaint is received and a separate grievance is ongoing, will the Ethics Commission continue their investigation or will it be put on hold?  The Ethics Commission will continue their investigation and render their decision within their jurisdiction.  Mr. Lawson also mentioned the recusal policy to be sure that all members are familiar with this policy.  

Mr. Fuka spoke about the seating of alternates.  Mr. Scroggins noted that the question will be raised to Attorney D’Aquila if the alternates will be included in the deliberations if they are not seated at the end of the hearings.
Adjournment:  
Mr. Scroggins made a motion to adjourn the meeting at 8:10 p.m.

Respectfully submitted,

Cathy Sirois
Recording Secretary

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Town of East Hampton
Ethics Commission – Special Meeting
Thursday, October 11, 2007
East Hampton Middle School
Library/Media Center
6:30 pm

Minutes

Present:  Chairman James Scroggins, Vice Chairman Leroy Lawson and members Mary Carter, David Fuka, David Gizewicz, John McBrearty and Mila Smith.  Also present were Town Manager Alan Bergren, Town Attorney Jean D’Aquila and Recording Secretary Cathy Sirois.

Call to order and Pledge of Allegiance:  Chairman James Scroggins called the meeting to order at 6:35 p.m.  All stood to recite the Pledge of Allegiance.  

Approval of Minutes
A.  September 6, 2007 Regular Meeting: Mr. Lawson made a motion to approve the September 6, 2007
    Regular Meeting minutes as written. Seconded by Mr. Scroggins.  So voted (5-0-1).  Mr. Fuka abstained.

B.  September 19, 2007 Special Meeting: Mr. Fuka made a motion to approve the September 19, 2007 Special
    Meeting minutes as written.  Seconded by Ms. Carter.  So voted (5-0-1).  Mr. McBrearty abstained.

Consider, Discuss and Take Possible Action to Finalize and Adopt Procedures/Forms:
Prior to approving the forms and procedures Attorney D’Aquila reviewed comments and question that were raised at a Town Hall Department Head Staff Meeting.  The following questions were raised:
·  Following confidential cause proceedings wherein a decision of “no probable cause” is made, can the Respondent, who did not choose to force the proceedings into the open, then request that the “no probable cause” determination be made public?  Per State Statute, the answer is yes.  Attorney D’Aquila revised the draft rules and procedures to reflect this item.  Chairman Scroggins also recommended that the words “in the case of a closed hearing” be added.
·  Can the confidential probable cause proceedings be held in another location than the Town Hall Meeting Room in order to help hide the proceedings and the identities of participants from the public who happen to be in the building?  There is no way to alleviate this problem.  As the Commission will have to publish notice of the time, date and location of all meetings, any individual could come to the start of the meeting no matter where the meeting is held. The individual would have to leave for executive session but there is no way to avoid having people seen coming into and leaving the meeting.
·  Another concern is that Town employees, if they are made to be Respondents in ethics complaints, will not all have access to free legal counsel to protect their interests.  Employees who are union members will likely be able to consult with union lawyers but non-union employees won’t have that option.  If they want counsel they will have to pay for legal assistance out of their private funds.  The Ethics Commission is not in a position to make rules regarding the expenditure of Town dollars, but the Commission may want to consider recommending to the Town Council that the ordinance be amended to have the Town pay for counsel for these employees.  This could also apply to members of Boards, Commissions and Agencies of the Town. The Commission will consider this item at a future meeting.
·  The Police Chief asked if Ethics Complaint proceedings could be going on simultaneously with confidential internal investigations? The Ethics Commission indicated that they would move forward within the scope of the Commission's powers.
·  There was a question whether Joint Facilities employees are considered Town employees.  This item will be further researched.

A.  Rules and Procedures of Ethics Commission of the Town of East Hampton:  Mr. Lawson recommended that wording be added to the Rules Applicable to Ethics Complaints under Filing the Complaint.  Add the words “will be assigned a docket number and” to the fifth bullet point after the words “All Complaints”.  Specifics of the administrative procedures will be handled at a later date.  Mr. Scroggins made a motion to accept the Rules and Procedures of Ethics Commission of the Town of East Hampton with the changes noted.  Seconded by Mr. Fuka.  So voted (7-0).

B.  Complaint Form:  Mr. Fuka recommended that the words “if known” be added to the Work Phone Number under Section 1.  Mr. Lawson made a motion to accept the Complaint form with the changes noted. Seconded by Ms. Carter.  So voted (7-0).

C.  Notice of Determination with Regard to Probable Cause:  Mr. Lawson recommended adding a signature line at the bottom of the form.  Attorney D’Aquila recommended that the words “probable cause exists” be put in bold in the last paragraph on the page.  Ms. Carter made a motion to accept the Notice of Determination with Regard to Probable Cause with the changes noted.  Seconded by Ms. Smith.  So voted (7-0).

D.  Notice of Commission Hearing on Ethics Complaint:  Mr. Fuka recommended adding a signature line at the bottom of the form.  Mr. Scroggins suggested removing the bold type and indenting the second paragraph on the back of the form.  Ms. Carter noted that there should be a bullet on the second sentence of the seventh bullet.  Mr. Fuka made a motion to accept the Notice of Commission Hearing on Ethics Complaint with the changes noted.  Seconded by Ms. Carter.  So voted (7-0)

E.  Request for Ethics Commission to Issue an Advisory Opinion:  Several changes were recommended for this form:

·  Change the top of the form to use the same format as the Complaint Form
·  Add the wording “Department/Board/Commission/Agency to the Name of Requesting Party
·  Change the formatting of the first and second paragraph indenting the sentences after the first sentence
·  Add a box at the bottom of the form “For Official Use Only”
·  Delete the “Mail to” item at the bottom as it will be included in the header

Mr. Fuka made a motion to postpone the acceptance of the Request for Ethics Commission to Issue an Advisory Opinion form until the next regular meeting when changes are reviewed.  Seconded by Ms. Carter.  So voted (7-0).

Grant Authorization for Town Attorney to Address Pending Ethics Complaints:  Mr. Scroggins made a motion to grant authorization for the Town Attorney to notify the applicants of the pending ethics complaints of the new forms and procedures.  Seconded by Mr. Fuka.  So voted (7-0).  

Discuss Possible Dates for Special Sessions and/or Hearings:
No special meetings will be scheduled at this point.

The Town Manager’s office will forward the adopted forms to the Town Council and will inquire with the Council if they would like a presentation from the Ethics Commission.

Adjournment:  
Mr. Scroggins made a motion to adjourn the meeting at 8:30 p.m.

Respectfully submitted,

Cathy Sirois
Recording Secretary

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Town of East Hampton
Ethics Commission - Special Meeting
Wednesday, September 19, 2007
Eaton E. Smith Meeting Room
6:00 pm

Minutes

Present:  Chairman James Scroggins (arrived 6:15pm), Vice Chairman Leroy Lawson and members Mary Carter (arrived 6:30pm), David Fuka, David Gizewicz (arrived 6:15pm) and Mila Smith.  Also present were Town Manager Alan Bergren, Town Attorney Jean D’Aquila and Recording Secretary Cathy Sirois.

Not Present:  John McBrearty

Call to order and Pledge of Allegiance:  Vice Chairman Leroy Lawson called the meeting to order at 6:04 p.m.  All stood to recite the Pledge of Allegiance.  

Vice Chairman Lawson seated Mila Smith.

Continued Discussion on Rules of Procedure:
Attorney D’Aquila provided updates to the Notice of Public Hearing and the Rules Applicable to Advisory Opinions.  She also distributed a first draft of a form for the Request to Issue an Advisory Opinion and the Rules Applicable to Ethics Complaints.

Discussion included:
·  Minor changes to the updated forms.
·  Who can give an oath?  An attorney can give the oath, in addition to the Town Clerk or Assistant Town Clerk or a notary public.  
·  Changes to the first draft forms.
·  All references to the term “Public Hearing” will be changed to “Commission Hearing” so it is clear to the public that there is no public comment as in other committee meetings.

Attorney D’Aquila will send the updated forms for distribution to the Commission for review prior to the next regular meeting.

At the next meeting, the Commission will:
·  Vote to adopt all of the documents
·  Vote to give Attorney D’Aquila authorization to send letters to the complainants of current ethics complaints on file with information on re-filing their complaints on the correct forms
·  Provide forms and information to the Town Manager’s office for publication on the web page   

Consideration of Special Meeting Dates:
No special meeting dates were scheduled at this time.

Adjournment:  
Mr. Scroggins made a motion to adjourn the meeting at 7:15 p.m.  Seconded by Mr.Fuka.  

Respectfully submitted,

Cathy Sirois
Recording Secretary

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Town of East Hampton
Ethics Commission
Thursday, September 6, 2007
Eaton E. Smith Meeting Room
6:30 pm

Minutes

Present:  Chairman James Scroggins, Vice Chairman Leroy Lawson and members Mary Carter, John McBrearty and Mila Smith.  Also present were Town Manager Alan Bergren, Town Attorney Jean D’Aquila and Recording Secretary Cathy Sirois.

Not Present:  David Fuka and David Gizewicz

Call to order and Pledge of Allegiance:  Chairman James Scroggins called the meeting to order at 6:30 p.m.  All stood to recite the Pledge of Allegiance.  

Chairman Scroggins seated the two alternates, John McBrearty and Mila Smith.

Approval of Minutes:
A.  Ethics Commission Regular Meeting, August 2, 2007:  Mr. Lawson made a motion to approve the minutes of the Ethics Commission Regular Meeting of August 2, 2007 as written.  Seconded by Mr. McBrearty.  So voted. (5-0).

B.  Ethics Commission Special Meeting, August 22, 2007:  Mr. McBrearty made a motion to approve the minutes of the Ethics Commission Special Meeting of August 22, 2007 as written.  Seconded by Ms. Carter.  So voted. (5-0).

Continued Discussion on Rules of Procedure:
Attorney D’Aquila distributed a revised draft of the Complaint Form and the Notice of Public Hearing.  She also distributed a first draft of the Rules Regarding Advisory Opinions.  The Commission suggested changes to the Notice of Public Hearing form.

Attorney D’Aquila will provide the following for the next meeting:
·  Updated Notice of Public Hearing
·  Draft form for Advisory Opinions
·  Draft of Rules of Procedures

Consideration of Special Meeting Dates:
A special meeting will be held on Wednesday, September 19, 2007 at 6:00 p.m.

Adjournment:  
Mr. Scroggins made a motion to adjourn the meeting at 7:20 p.m.  

Respectfully submitted,

Cathy Sirois
Recording Secretary

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Town of East Hampton
Ethics Commission
Wednesday, August 22, 2007
Eaton E. Smith Meeting Room
6:30 pm

Minutes

Present:  Chairman James Scroggins, Vice Chairman Leroy Lawson and members Mary Carter, David Fuka, David Gizewicz (arrived 6:37), John McBrearty, Mila Smith.  Also present were Town Manager Alan Bergren, Town Attorney Jean D’Aquila and Recording Secretary Cathy Sirois.

Call to order and Pledge of Allegiance:  Chairman James Scroggins called the meeting to order at 6:30pm.  All stood to recite the Pledge of Allegiance.  

Continued Discussion on Rules of Procedure:
Attorney D’Aquila reviewed the updated timeline for processing of an ethics complaint and presented the updated draft of the Complaint Form.  She also presented a listing of procedural due process and a copy of the draft of Portland’s Proceedings Following Finding of Probable Cause to assist in the preparation of the Town of East Hampton’s procedures.  There was discussion regarding the following:

·  How Rules of Evidence will apply
·  Witness list procedures
·  Hearing procedures

Mr. Fuka presented an item for future discussion related to finding a case that is a possible violation of criminal law and the handling of such cases.  This item will be discussed as a possible change to the ordinance.

Attorney D'Aquila will draft a notice of the hearing and the hearing process for the next meeting.

Consideration of Special Meeting Dates:
A special meeting will be held on Wednesday, September 19, 2007 at 6:30pm.

Adjournment:  
Mr. Scroggins made a motion to adjourn the meeting at 8:12p.m.  

Respectfully submitted,

Cathy Sirois
Recording Secretary

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Town of East Hampton
Ethics Commission
Thursday, August 2, 2007
Eaton E. Smith Meeting Room
6:30 pm

Minutes

Present:  Chairman James Scroggins, Vice Chairman Leroy Lawson and members Mary Carter, David Fuka, John McBrearty, Mila Smith.  Also present were Town Manager Alan Bergren, Town Attorney Jean D’Aquila and Recording Secretary Cathy Sirois.

Not Present:  David Gizewicz

Call to order and Pledge of Allegiance:  Chairman James Scroggins called the meeting to order at 6:30pm.  All stood to recite the Pledge of Allegiance.  

Approval of Minutes:  Ethics Commission Regular Meeting, July 5, 2007:  A motion was made my Mr. Scroggins, seconded by Ms. Carter, to approve the minutes of July 5, 2007 as written.  So voted.  (6-0).  

Continued Discussion on Rules of Procedure:
Attorney D’Aquila reviewed the draft of the Complaint Form prepared by her office.  There was discussion regarding various fields on the form.  Attorney D'Aquila's office will revise the form prior to the next meeting.

Attorney D'Aquila presented a timeline based on the discussion from the prior meeting.  Revisions were discussed at length for the timeline.   Attorney D'Aquila's office will revise the timeline for the next meeting.

Consideration of Special Meeting Dates:
A special meeting will be scheduled for Wednesday, August 22, 2007 at 6:30pm.

Adjournment:  
Mr. Scroggins made a motion to adjourn the meeting.  Seconded by Mr. Fuka.  The meeting was adjourned at 8:16p.m.  

Respectfully submitted,

Cathy Sirois
Recording Secretary
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Town of East Hampton
Ethics Commission
Thursday, July 5, 2007
Eaton E. Smith Meeting Room
6:30 pm

Minutes

Present:  Chairman James Scroggins, Vice Chairman Leroy Lawson and members Mary Carter, David Fuka, David Gizewicz (arrived at 6:35pm), John McBrearty, Mila Smith.  Also present was Town Manager Alan Bergren, Town Attorney Jean D’Aquila and Recording Secretary Cathy Sirois.

Call to order and Pledge of Allegiance:  Chairman James Scroggins called the meeting to order at 6:32pm.  All stood to recite the Pledge of Allegiance.  

Approval of Minutes:  Ethics Committee Regular Meeting, June 28, 2007:  A motion was made my Ms. Carter, seconded by Mr. Fuka, to approve the minutes of June 28, 2007 minutes as written.  So voted.  (6-0) (Mr. Gizewicz was not yet present).  

Continued Discussion on Rules of Procedure:
Attorney D’Aquila provided several documents from other towns to use as examples.  Mr. Fuka provided additional examples as well as a sample Complaint Form to aid in the creation of East Hampton’s Complaint Form.  

There was general discussion regarding the creation of the Complaint Form and all of the fields of information that will be required on the form.  The Commission liked the format of the form from the Commonwealth of Pennsylvania.  This form will be used as a template.  Attorney D’Aquila’s office will draft a form for review based on the decisions made tonight.

Once finalized, the form will be available in hard copy at the Town Hall and will be available to print on the town website.  There will be instructions that the form should be sent via certified mail to the Town Hall to the attention of the Chairman of the Ethics Commission.  The Town Manager’s office will date stamp all envelopes when received in the office.   

There was discussion regarding the timeframes for each component of the process.   The tentative timeframes discussed were:

·  Notice to complainant and respondent will be sent via certified and regular mail within 5 business days after receipt of complaint by the Chairman.  There will be a form letter explaining the complaint has been received.    
·  The respondent will receive instructions in their letter. Their options will be to provide written response which should be postmarked within 15 business days if they choose to respond, the respondent can choose to have the issue discussed in open session and/or can request a confidential hearing with the Commission.
·  The probable cause determination can take up to 120 days, but will be done as expeditiously as possible, from stamped date of receipt of complaint.
·  After the determination is made, the respondent and complainant should be notified of probable cause or dismissal within 5 business days by certified and regular mail.
·  If probable cause is found at this point the information becomes public knowledge.  A form will be created for the information that will become public.
·  If probable cause is found, the final decision will be made within 60 days after the close of the formal hearing.
·  Once a final decision is reached notification will be given within 20 days as outlined in the Ordinance.

Consideration of Special Meeting Dates:
A special meeting will be tentatively scheduled for Wednesday, August 22, 2007 at 6:30pm.

Also, the Roberts Rules of Order book will be ordered for all Commission members.

Adjournment:  
The meeting was adjourned at 8:50p.m.  

Respectfully submitted,

Cathy Sirois
Recording Secretary

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Town of East Hampton
Ethics Commission
Thursday, June 28, 2007
Eaton E. Smith Meeting Room
6:30 pm

Minutes

Present:  Commission Members - Mary Carter, David Fuka, David Gizewicz, Leroy Lawson, John McBrearty, James Scroggins, Mila Smith; Town Manager, Alan Bergren; Town Attorney, Jean D’Aquila; Town Clerk, Sandra Wieleba.

Call to order and Pledge of Allegiance:  Town Clerk Sandra Wieleba called the meeting to order at 6:30pm.  All stood to recite the Pledge of Allegiance.  

Swearing in of the Commission by the Town Clerk:   All members were sworn in by the Town Clerk, Sandra Wieleba.

Nomination and Election of Chairperson:  Each member of the Commission provided a brief description of their background.  Mary Carter nominated James Scroggins to be the Chairperson.  Seconded by David Fuka.  Leroy Lawson made a motion to close the nomination process.  Seconded by Mary Carter.  So Voted (7-0).

Nomination and Election of Vice Chairperson:  David Fuka nominated Leroy Lawson to be the Vice Chairman.  Seconded by Mary Carter.  So Voted (7-0).

Discussion of Rules of Procedure/Discussion of Processing of Complaints/General Information from Jean M. D’Aquila, Town Attorney:  The Commission will follow Roberts Rules of Order for the basis of their meetings.

Attorney D’Aquila provided several documents for the Commission and reviewed the following:

o  The statute that enabled the Commission
o  The importance of confidentiality
o  The definition of probable cause
o  The two step process of a hearing
o  Recommendations for information to be included on the complaint form
o  Guidelines and recommendations for establishing rules and procedures
o  Review of the Ordinance for the Ethics Commission
o  Process for advisory opinions
o  Availability of Town Attorney

Alan Bergren reviewed meeting procedures:
o  Meeting attendance/Alternates should attend all meetings
o  Seating of Alternates
o  Closed session meetings
o  Posting requirements/Agendas/Minutes
o  Recusal/Conflict of Interest
o  Special Meetings

Consideration of Regular Meeting Dates:  The Commission will meet on the first Thursday of each month at 6:30pm with the next meeting occurring on Thursday, July 5, 2007.

Consideration of Special Meeting Dates to Process Outstanding Complaints: This item will be tabled to a future meeting.

Adjournment:  
The meeting was adjourned at 8:25p.m.  

Respectfully submitted,

Cathy Sirois
Administrative Secretary
to Alan H. Bergren