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04/03/2008 Ethics Commission Minutes
Town of East Hampton
Ethics Commission Regular Meeting
Thursday, April 3, 2008
Eaton E. Smith Meeting Room – Town Hall
6:30 p.m.

Minutes

Present:  Chairman James Scroggins, Vice Chairman Leroy Lawson and members Mary Carter, David Fuka, David Gizewicz (arrived at 6:40pm) and John McBrearty.  Also present were Town Attorney Jean D’Aquila and Recording Secretary Cathy Sirois.

Not Present:  Mila Smith

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.  

A motion was made by Mr. Scroggins, seconded by Mr. Fuka, to seat Mr. McBrearty in Mr. Gizewicz’ absence.

Approval of Minutes
A motion was made by Ms. Carter, seconded by Mr. McBrearty, to approve the March 13, 2008 Special Meeting minutes as written.  Voted (3-0-2) Mr. Fuka and Mr. Lawson abstained.  Mr. Gizewicz was not present for the approval of minutes.

Chairman’s Communications:
Chairman Scroggins reported that a letter was received regarding Ethics Complaint 2008-1.  This will be discussed during executive session.

Chairman Scroggins asked Ms. Sirois about the Town Council approval of additional alternates for the Ethics Commission.  Ms. Sirois will ask the Town Council Chairperson about the status of the request.

Planned Executive Session – Ethics Complaint 2008-1:   A motion was made by Mr. Scroggins, seconded by Ms. Carter, to enter Executive Session at 6:37 p.m.  Voted (5-0).  Attorney D’Aquila and Cathy Sirois were also present during Executive Session.  Mr. Gizewicz joined Executive Session at 6:40 p.m.

The Commission exited Executive Session at 7:10 p.m.

A motion was made by Mr. Lawson, seconded by Ms. Carter, to unseat Mr. McBrearty as Mr. Gizewicz joined the meeting during Executive Session.

Discussion of Administrative Procedures:  
A.      Review and Approve Changes to Complaint Form Instructions and Rules and Procedures:  Wording was added to the Complaint Form and the Rules and Procedures regarding the Complainant and Respondent keeping their mailing addresses current with the Commission.  A change was made to the signature portion of the Complaint Form changing the wording to “Signature of Complainant”. A change was made to Page 2 of the Rules and Procedures to change the words “no longer a Town employee” to “not a Town employee”.

A motion was made by Ms. Carter, seconded by Mr. Lawson, to approve the Complaint Form changes noted above.  Voted (5-0).

A motion was made by Mr. Fuka, seconded by Ms. Carter, to approve the Rules and Procedures changes noted above.  Voted (5-0).

A page will be added to the Administrative Procedures notebook for an Administrative Change Log.

B.      Review Probable Cause Determination Notice:  Attorney D’Aquila recommended changes to the Probable Cause Determination Notice and reviewed the confidentiality requirements for ethics cases that will also be included on the form.  A category will be added for no jurisdiction.  A motion was made by Mr. Scroggins, seconded by Mr. Gizewicz, to accept the changes discussed to the Probable Cause Determination Notice.  Voted (5-0).

Other Business to Consider:   None

Adjournment:  
A motion was made by Mr. Fuka, seconded by Mr. Gizewicz, to adjourn the meeting at 7:37 p.m. Voted (5-0).

Respectfully submitted,


Cathy Sirois
Recording Secretary