Ethics Commission
Regular MeetingTroy, NY · August 28, 2014
Minutes
City of Troy, Ethics Commission Monthly Meeting Minutes
433 River Street Troy, New York 12180
August 28th, 2014 - 6 pm
I. Call to Order
II. Roll Call
Present Shaw Cubit Bennett Mazor Ellis Benbow
Absent Jamison
III. Approval of Minutes from last meeting ‐ tabled no copy available
Motion Ellis Bennett
Vote 6 / yes 0 / no
IV. Open Issues
1. Case#E102072014 (Shaw) Counsel mailed simple disposition 8/25/15 to Counsel and
Councilman Doherty. Formal to follow. Commissioner Cubit asked why such long delay
since vote in May. Commissioner Bennett reiterated that we did vote on this a few months
ago. Chairman Shaw stated timing between himself and commission counsel.
2. Agreement with Counsel (Shaw): Commission Counsel is uncomfortable with signing generic
agreement provided as it was geared towards other situations, and felt that he is already
bound by professional ethics. Chairman Shaw will look for a simpler agreement form and
contact Corporate Counsel to see if they have a template.
V. New Business
1. Annual disclosures - 6 disclosures are incomplete. Letters will be sent to six individuals
requesting properly filled disclosures. Commissioner Cubit will draft a form letters based on
Counsel example. Commissioner Bennett will follow up with Law Department on a
comprehensive list so that all who need to file are accounted for.
2. Case review - new cases, potential cases.
Advisory opinion request. Commission ruled that A council person may in fact appear before a
board or commission of the city per §43.1 E. Chairman Shaw will contact requestor to give
Commission determination and formal will be issued.
3. Jurisdiction Questions (Att-A) - Table for further clarification
Motion Cubit Ellis
Vote 6 / yes 0 / no
4. Letter from Philippo (Att-B) - Commissioner Cubit will draft and send formal.
Motion Mazor Benbow
Vote 6 / yes 0 /no
5. Review of items identified by John Mancini - Tabled till September 2014 meeting.
Motion Cubit Bennett
Vote 6 / yes 0 /no
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City of Troy, Ethics Commission Monthly Meeting Minutes
433 River Street Troy, New York 12180
6. Getting the word out on the on-line training - Chairman Shaw will contact Mayors office to invite
select groups to take on-line training, Commissioner Cubit suggested to start with City Council
and Mayors office.
Motion Ellis Bennett
Vote 6 / yes 0 /no
VI. Public forum
The public is encouraged to attend the ethics commissions monthly meeting to address the
commission, or to turn in sworn complaints (there will be no discussion on submitted complaints
or current cases). Speakers are limited to 5 minutes and are to be directed to the Commission
only.
VII. Adjournment
Motion Cubit Mazor
Yes / 6 No / 0
Meeting adjourned 7:41
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Agenda
City of Troy, Ethics Commission Monthly Agenda
433 River Street Troy, New York 12180
August 28th, 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. Case#E102072014 (Shaw)
2. Agreement with Counsel (Shaw)
V. New Business
1. Annual disclosures
2. Case review - new cases, potential cases.
3. Jurisdiction Questions (Att-A)
4. Letter from Philippo (Att-B)
5. Review of items identified by John Mancini
6. Getting the word out on the on-line training
VI. Public forum
The public is encouraged to attend the ethics commissions monthly meeting to address the
commission, or to turn in sworn complaints (there will be no discussion on submitted complaints
or current cases). Speakers are limited to 5 minutes and are to be directed to the Commission
only.
VII. Adjournment
Att-A
1. Commission jurisdiction
Question: This has been asked several times by City officials, reporters, public and even
ourselves. The main one the comes to mind is the police and fire department. Though only the
Fire Chief and Police Chief are required to file an annual disclosure, I don't see in the code where
officers are exempt from filing provided it falls under certain provisions such as entering into a
contract for a side business with the city.
2. Ethics oversight to IDA. LDC CRC.
Question: I have asked this question of the IDA and they said no but in a luncheon I was
at with the AG's office it was a much different answer. I think we need to get clarification on this
and make sure when we are reviewing our changes to the §43 Code of Ethics that we make sure
it is spelled out some how for inclusions and exclusions. The IDA's charter does not separate it
from the City but have them as a body of the City, similar to us, but even with us there is limited
oversight of us from the Mayor and the City Council, meaning they would handle complaints
against us.
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Att-B
From: Christopher Philippo [toff@mac.com]
Sent: Wednesday, August 20, 2014 8:40 AM
To: ethics@troyny.gov
Subject: State Comptroller's Report Number S4-09-91
“We found that the City did not develop adequate procedures to monitor compliance with its Code and
related statutory requirements. For example City established an Ethics Board to review annual financial
disclosure statements and ethics complaints. However, one Ethics Board member told us that he has
never met the other Ethics Board members and has not been asked to attend any meetings since he was
appointed to the position in March 2008. Another Ethics Board member told us that the Board has not
met since 2007 and she has never seen the annual financial disclosure statements that the Ethics Board
is required to review annually. As a result, we found that 22 of the 72 individuals required to file these
statements did not do so. One of the 22 individuals was an Ethics Board member, and another was a
City Councilman. This is particularly troubling because those individuals should be setting an example
for other City officers and employees. When a local government does not develop mechanisms to
ensure compliance with its code of ethics, local officials have little assurance that they are preventing
and detecting unethical conduct.”
“Although officials told us that recent revisions to the Code addressed whistle-blower protection, we
could not locate the revised section and the head of personnel was not aware of such revision.”
http://www.osc.state.ny.us/localgov/audits/swr/2010/ethics/troy.pdf
Were all the problems in the report addressed and all the recommendations implemented?
Which City Councilman didn’t file an annual financial disclosure?
Thank you for any help you can provide,
Chris Philippo
8/20/2014
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