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Ethics Commission

Regular Meeting

Troy, NY · January 29, 2015

AgendaMinutes

Minutes

City of Troy, Ethics Commission Monthly Meeting Minutes 433 River Street Troy, New York 12180 January 29th, 2015 - 6 pm I. Call to Order Commissioner Cubit called the meeting to order at 6:03 pm. II. Roll Call Present ‐ Cubit Bennett Carmichael Shaw Absent ‐ Ellis III. Organizational Meeting 1. Introductions The commission welcomes Jennifer Carmichael as the newest Commissioner. 2. Appointment of Chair and Secretary for 2015 Commissioner Bennett received two nominations, therefore without challenge is named Chairwoman. Commission Cubit was appointed Secretary for 2015 3. Resolution #E4 Adoption of Meeting Guidelines (Exhibit A) Tabled for date changes to last Wednesday of the month per request of Commissioner Ellis. Item will be voted on for February meeting. Commissioner Cubit will arrange with the Mayors Office. Motioned Carmichael/Bennett Vote YES ‐ 4 / NO ‐ 0 4. Resolution #E5 Adoption of the Commission's Regular Monthly Meeting Schedule for 2015 Tabled for date changes to last Wednesday of the month per request of Commissioner Ellis. Item will be voted on for February meeting. Commissioner Cubit will arrange with the Mayors Office. Motioned to table Bennett/Shaw Vote YES ‐ 4 / NO ‐ 0 5. Resolution #E6 Appointing Counsel for 2015 Motioned Bennett/Shaw Vote YES ‐ 4 / NO ‐ 0 IV. Adjournment of Organizational Meeting Meeting adjourned at 6:32 V. Call to order of Regular Monthly Meeting Chairwoman Bennett called meeting to order at 6:34 pm. VI. Roll Call Present ‐ Cubit Bennett Carmichael Shaw Absent ‐ Ellis VII. Approval of Minutes from last meeting Chairwoman Bennett requested a copy be included in agenda. Commissioner Cubit stated that the previous months minutes are emailed to all commission members within 2 weeks after the meeting for review and corrections in an effort to cut down on the wasted paper. Commissioner -1- City of Troy, Ethics Commission Monthly Meeting Minutes 433 River Street Troy, New York 12180 Carmichael stated she did not receive a copy. Commissioner Cubit provided a hard copy for immediate review by Chairwoman Bennett and Commissioner Carmichael. Motion: Shaw/Carmichael Vote: YES‐4 / NO‐0 VIII. Open Issues 1. Annual disclosures and Jurisdiction - Tabled from December 2014 meeting Chairwoman Bennett request to keep item tabled as nothing has been done at this time. No vote to lift from table. 2. Review of Nepotism in City Charter - Tabled from November 2014 meeting Chairwoman Bennett request to keep item tabled as nothing has been done at this time. No vote to lift from table. 3. Public Officers and Committee Training Training for Commission has been scheduled for February 25th with the NYS ABO. Currently only Commissioner Cubit and Carmichael are registered. IX. New Business 1. Case review  Case #E509152014-REV - Robertson v. Hoffman Review, update received from complainant Tabled due to no quorum present to discuss with recusal of Commissioner Shaw  Case #E610082014-REV Hoffman v. Robertson, Amended complaint received. Tabled due to no quorum present to discuss with recusal of Commissioner Shaw  Pending Case # E101082015 Sullivan v. City of Troy - Receipt acknowledged pending sworn complaint submission. No formal complaint filed with commission. Commissioner Cubit contacted Mr. Sullivan and sent a formal complaint form. Commissioner Cubit requested filing within 30 days or case would be closed.  Commissioner Cubit requested an addition to the agenda for an informal advisory opinion for review of §43-24. Request denied due to advisory request was submitted after the agenda filing date. Will be on February's agenda.  Open discussion on the vacant seats in the commission. The commission still has 3 seat remaining unfilled. One appointment from the Mayor is needed as well as two from the City Council Majority Leader. They have been notified repeatedly of the need to fill those spots. Council Majority is still seeking candidates. X. 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. -2- City of Troy, Ethics Commission Monthly Meeting Minutes 433 River Street Troy, New York 12180 XI. Adjournment Motion: Cubit/Carmichael Vote: YES‐4 / NO‐0 Meeting adjourned at 7:24 pm Next meeting scheduled for Wednesday February 25th at 6:00pm in the main conference room at City Hall. -3- CITY OF TROY, ETHICS COMMISSION 433 RIVER STREET TROY, NEW YORK 12180 RESOLUTION # E4 January 29, 2015 RESOLUTION ADOPTING MEETING GUIDELINES BE IT RESOLVED: That pursuant to Troy City Code § 43-19 (B)(1), the Ethics Commission hereby adopts the following rules and regulations governing its internal organization and procedures, as set forth in the “Ethics Commission Meeting Guidelines”, annexed hereto and made part hereof as Exhibit “A”; and be it further RESOLVED: That the Secretary shall cause a copy of this Resolution and the annexed Ethics Commission Meeting Guidelines to be filed with the Office of the City Clerk and with the Office of the Corporation Counsel. Pass _X__ Fail ___ Vote Count: Yes__4__ No__0__ ________________________________Date_________ Certified to be a true submission CITY OF TROY, ETHICS COMMISSION 433 RIVER STREET TROY, NEW YORK 12180 RESOLUTION # E5 RESOLUTION ADOPTING THE COMMISION’S REGULAR MONTHLY MEETING SCHEDULE FOR 2015 WHEREAS: Code of Ethics § 43-19 (B) allows the Chair or a simple majority of the Ethics Commission to call a meeting of the Ethics Commission outside of the required quarterly meeting; and WHEREAS: It is the sense of the Chair and the Ethics Commission that the Commission should meet monthly, rather than quarterly, to review all recent action taken; now, therefore be it RESOLVED, that pursuant to §43-19 (B) of the Code of Ethics, the Commission hereby calls eight (8) regular meetings outside of and in addition to the required quarterly meetings; and be it further RESOLVED, that the Commission hereby adopts the Regular Meeting Schedule set forth below, with each Scheduled meeting held in the Main Conference Room at Troy City Hall, 433 River Street, 5th Floor, Troy, NY 12180. Regular meeting schedule 6:00pm January 29, 2015 February 26, 2015 March 26. 2015 April 30, 2015 May 28, 2015 June 25, 2015 July 30, 2015 August 27, 2015 September 24, 2015 October 29, 2015 November 19, 2015 December 17, 2015 TABLED FOR REVISION OF DATES Pass___ Fail___ Vote Count: Yes__4__ No__0__ ________________________________Date_________ Certified to be a true submission CITY OF TROY, ETHICS COMMISSION 433 RIVER STREET TROY, NEW YORK 12180 RESOLUTION # E6 February 6, 2015 RESOLUTION APPOINTING COUNSEL IT IS HEREBY RESOLVED: That the Commission hereby appoints James L. Quinn, an attorney practicing law at 2311 15th Street, 1st Floor, Troy, NY 12180, to serve as volunteer legal counsel to the Commission, for a term commencing on January 1, 2015 and expiring on December 31, 2015. Resolution ADOPTED/REJECTED by the following vote: AYES: 4 NOES: 0 ABSTAIN: ________________________________ Certified to be a true submission

Agenda

City of Troy, Ethics Commission Monthly Agenda 433 River Street Troy, New York 12180 January 29th, 2015 - 6 pm I. Call to Order II. Roll Call Cubit Bennett Carmichael Ellis III. Organizational Meeting 1. Introductions 2. Appointment of Chair and Secretary for 2015 3. Resolution #E4 Adoption of Meeting Guidelines (Exhibit A) 4. Resolution #E5 Adoption of the Commission's Regular Monthly Meeting Schedule for 2015 5. Resolution #E6 Appointing Counsel for 2015 IV. Adjournment of Organizational Meeting V. Call to order of Regular Monthly Meeting VI. Roll Call Cubit Bennett Carmichael Ellis VII. Approval of Minutes from last meeting VIII. Open Issues 1. Annual disclosures and Jurisdiction - Tabled from December 2014 meeting 2. Review of Nepotism in City Charter - Tabled from November 2014 meeting 3. Public Officers and Committee Training IX. New Business 1. Case review  Case #E509152014-REV - Robertson v. Hoffman Review, update received from complainant  Case #E610082014-REV Hoffman v. Robertson, Amended complaint received.  Pending Case # E101082015 Sullivan v. City of Troy - Receipt acknowledged pending sworn complaint submission. X. 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. XI. Adjournment -1- CITY OF TROY, ETHICS COMMISSION 433 RIVER STREET TROY, NEW YORK 12180 RESOLUTION # E4 January 29, 2015 RESOLUTION ADOPTING MEETING GUIDELINES BE IT RESOLVED: That pursuant to Troy City Code § 43-19 (B)(1), the Ethics Commission hereby adopts the following rules and regulations governing its internal organization and procedures, as set forth in the “Ethics Commission Meeting Guidelines”, annexed hereto and made part hereof as Exhibit “A”; and be it further RESOLVED: That the Secretary shall cause a copy of this Resolution and the annexed Ethics Commission Meeting Guidelines to be filed with the Office of the City Clerk and with the Office of the Corporation Counsel. Pass ___ Fail ___ Vote Count: Yes____ No____ ________________________________Date_________ Certified to be a true submission CITY OF TROY, ETHICS COMMISSION 433 RIVER STREET TROY, NEW YORK 12180 RESOLUTION # E5 RESOLUTION ADOPTING THE COMMISION’S REGULAR MONTHLY MEETING SCHEDULE FOR 2015 WHEREAS: Code of Ethics § 43-19 (B) allows the Chair or a simple majority of the Ethics Commission to call a meeting of the Ethics Commission outside of the required quarterly meeting; and WHEREAS: It is the sense of the Chair and the Ethics Commission that the Commission should meet monthly, rather than quarterly, to review all recent action taken; now, therefore be it RESOLVED, that pursuant to §43-19 (B) of the Code of Ethics, the Commission hereby calls eight (8) regular meetings outside of and in addition to the required quarterly meetings; and be it further RESOLVED, that the Commission hereby adopts the Regular Meeting Schedule set forth below, with each Scheduled meeting held in the Main Conference Room at Troy City Hall, 433 River Street, 5th Floor, Troy, NY 12180. Regular meeting schedule 6:00pm January 29, 2015 February 26, 2015 March 26. 2015 April 30, 2015 May 28, 2015 June 25, 2015 July 30, 2015 August 27, 2015 September 24, 2015 October 29, 2015 November 19, 2015 December 17, 2015 Pass___ Fail___ Vote Count: Yes____ No____ ________________________________Date_________ Certified to be a true submission CITY OF TROY, ETHICS COMMISSION 433 RIVER STREET TROY, NEW YORK 12180 RESOLUTION # E6 January 22, 2015 RESOLUTION APPOINTING COUNSEL IT IS HEREBY RESOLVED: That the Commission hereby appoints James L. Quinn, an attorney practicing law at 2311 15th Street, 1st Floor, Troy, NY 12180, to serve as volunteer legal counsel to the Commission, for a term commencing on January 1, 2015 and expiring on December 31, 2015. Resolution ADOPTED/REJECTED by the following vote: AYES: NOES: ABSTAIN: ________________________________ Certified to be a true submission

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