Ethics Commission

City of Troy, Ethics Commission Monthly Agenda 433 River Street Troy, New York 12180 March 27th, 2014 - 6 pm I. Call to Order / Pledge II. Roll Call Shaw Cubit Bennett Jamison Mazor Ellis Benbow III. Approval of Minutes from last meeting IV. Open Issues 1. Disposition of Case #E302132014 Inquiry of Councilman Wiltshire 2. Meeting with NYS Attorney General, attending State session (Shaw) 3. Case#E102072014 ‐ Councilman Doherty (Cubit) 4. Web site update (Cubit) 5. Update on review of Open Meetings Law. V. New Business 1. Resolutions a. E3 ‐ Resolution to strike from the Ethics Commission Meeting Guidelines §3-5. 3. Meetings and hearings. (5). Any materials presented to the Commission during the public session of a meeting or proceeding for consideration by the Commission as a body shall be posted on the Commission’s web site prior to the meeting to the extent practicable. 2. Interview process for complainants and others 3. Annual report due to the Mayor 4. Establish goals 5. Counsel for Ethics Commission 6. Case review VI. Public forum The public is encouraged to attend the ethics commissions monthly meeting to ask question related to matters discussed, turn in sworn complaints (there will be no discussion on submitted complaints) or to ask question of an ethics nature. Speakers are limited to 5 minutes and are to be directed to the Commission only. VII. Adjournment  City of Troy, Ethics Commission 433 River Street, Troy, New York 12180 Case # E302132014 IN THE MATTER OF AN INQUIRY OF COUNCIL PRESIDENT RODNEY WILTSHIRE 3 March 2014 Disposition of Inquiry Pursuant to §43-22(A) the commission agreed, on February 20th, to an inquiry stemming from questions that were presented to the commission on whether Council President Rodney Wiltshire was a stakeholder in an establishment in Troy, that was under review with other departments of the city and state. On February 24th the commission met with Council President Wiltshire and Majority Counsel Joseph Liccardi. Councilman Wiltshire provided the necessary annual disclosure forms for 2014 and it was concluded that Councilman Wiltshire reported appropriately and it was determined that he does not have a vested or financial interest in the establishment in question. Also it is recommended that once the administration receives the required annual disclosure forms from any person or corporation under the jurisdiction of the ethics commission, to prevent delay of research for required documents a copy be forwarded to the Commission to maintain the standard of a filing required to be completed per §47- 3(B)(2) Within 30 days after becoming subject to the requirements of Subsection A of this section; §47-3. For elected officials the deadline would be 30 days from date of assuming the position, typically February 1st. Date: 27 March 2014 Rev. Dr. Eric Shaw Ruth Bennett Kimberly Mazor Larry Ellis Norris Benbow Corey Jamison John Cubit  RES. #E3 Resolution amending the Ethics Commission Meeting Guidelines pursuant to §43-19 of the Troy City Charter. Be it resolved, pursuant to §43-19 of the Troy City Charter the Ethics Commission Meeting Guidelines are hereby amended to strike §3-5. 3. Meetings and hearings. (5). Any materials presented to the Commission during the public session of a meeting or proceeding for consideration by the Commission as a body shall be posted on the Commission’s web site prior to the meeting to the extent practicable.  City of Troy, Ethics Commission 433 River Street Troy, New York 12180 CITY OF TROY, NY ETHICS COMMISSION MEETING GUIDELINES 1. Commission declaration. The Ethics Commission was created under the New York State Public Integrity Reform Act of 2011and through an amendment to City Code §43-14, as an independent agency charged with promoting and enforcing The City of Troy, NY's ethics and municipal law while rebuilding public trust in government. As a deliberative body, the Commission must meet at least monthly. All meetings are governed by Troy, NY Code of Ethics §43 of the City Code, Article 7 of the Public Officers Law which provides that all meetings or proceedings are public unless expressly provided otherwise by the Commission. The Commission is committed to conducting public meetings as appropriate and consistent with law while also protecting the integrity and confidentiality of the investigative and enforcement matters under its mandate. The policies set forth below endeavor to implement these goals. 2. Definitions. (1). "Meeting" means the official convening of a quorum, as defined in City Code §43- 19, of City of Troy Code of Ethics for the purpose of conducting the functions of the Commission pursuant to statute. A commissioner shall be deemed to participate for purposes of a simple-quorum when physically present or when participating through electronic means in which the commissioner can communicate with the other commissioners and be simultaneously seen and heard, for example, through videoconferencing or similar mechanism. (2). "Executive session" means that portion of a meeting not open to the general public. (3). “Hearing” means an adjudicatory proceeding held by the Commission pursuant to City Code §43-23 to determine whether a civil penalty should be assessed for a violation of sections 73, 73-a or 74 of the Public Officers Law, section 107 of the Civil Service Law or Troy, NY City Code. 3. Meetings and hearings. (1). The Commission shall endeavor to ensure that matters that can be addressed publicly are addressed in a public proceeding. Generally, unless doing so would be inconsistent with law, the following types of matters should be open to the public: a. proceedings relating to proposed guidelines and policies; b. proceedings relating to rulemaking and the promulgating of regulations; c. proceedings involving administrative matters of the Commission; -1-  City of Troy, Ethics Commission 433 River Street Troy, New York 12180 d. discussions or proceedings involving reports on agency statistics or performance-related data, including any reports involving the Commission’s publicly available data; e. any hearing to determine whether a civil penalty should be assessed for a violation of sections 73, 73-a or 74 of the Public Officers Law, section 107 of the Civil Service Law or Troy, NY City Code. No still photography or audio or video equipment (other than equipment used by the Commission for purposes of the hearing) will be permitted at hearings, but the Commission may consider requests for exceptions that would not interfere with the orderly process of the hearing; and f. any other matter, consistent with law and section five below, that would be open to the public pursuant to Article Seven of the Public Officers Law. (2). The Commission shall make every reasonable effort to ensure meetings are held in facilities able to adequately accommodate members of the general public and, pursuant to Article 7 of the Public Officers Law, shall make every effort to expressly authorize attendance by the general public except for matters explicitly confidential by statute or for executive session pursuant to section five of these guidelines. (3). The Commission shall make all reasonable efforts to ensure that meetings are held in facilities that permit barrier-free physical access to the physically handicapped, as defined in subdivision five of section fifty of the Public Buildings Law. (4). The Commission shall make reasonable efforts to ensure that meetings open to the general public are also open to audio and video recording, webcast, broadcast and the use of still photography. Such recording, webcast, broadcast and photography, and the equipment and personnel necessary to perform those functions, shall be reasonably accommodated so as not to interfere with the orderly proceedings of the Commission. (5). Any materials presented to the Commission during the public session of a meeting or proceeding for consideration by the Commission as a body shall be posted on the Commission’s web site prior to the meeting to the extent practicable. 4. Public notice. Public notice of the time and place of a meeting scheduled shall be conspicuously posted on the Commission’s website prior to the meeting, and at least seventy-two hours before such meeting when practical. Such notice shall identify the location(s) of the meeting as well as indicate whether the Commission itself plans to webcast the meeting and its Internet address for the public to access such webcast. 5. Conduct of executive sessions. -2-  City of Troy, Ethics Commission 433 River Street Troy, New York 12180 (1). Upon a majority vote of the Commission, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, the Commission shall conduct an executive session for the below enumerated purposes: a. any matter relating to a specific investigation, enforcement or adjudication pursuant to the confidentiality restrictions of the NYS Public Officers Law Article 7 §105, including deliberations regarding the commissions recommendations or findings. However, Commission votes regarding a recommendation or findings, or votes regarding a proposed settlement will be recorded and made public upon the issuance of the final order of the Commission relating to the same. Such recording shall reflect whether each commissioner concurred, dissented, abstained, or was absent; b. matters appealed to the Commission pursuant to guidelines, regulation, policy or statute wherein a vote by the Commission constitutes final agency action; and c. matters involving proposed, pending or ongoing litigation; personnel matters or matters involving private information; discussions relating to the sale or lease of real property; and any other matter enumerated in Public Officers Law §105. (2). Attendance at an executive session shall be permitted to any member of the Commission and any other persons authorized by the Commission who have signed a non-disclosure agreement. 6. Minutes and recording of votes. (1). Minutes shall be taken at all open meetings of the Commission which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. Minutes shall be made available to the public upon their approval by the Commission. (2). Minutes shall be taken at executive sessions of any action that is taken by formal vote which shall consist of a record or summary of the final determination of such action, and the date and vote thereon. -3-