APRIL 4, 2007

ATTENDANCE: Michael Coffey, Chairman; Rick McQuaid, Carvin Hilliard (9:10).

STAFF: Peter Nolin, Corporation Counsel.

The meeting was called to order at 8:10 p.m. by the Chairman, who said they would talk about the ethics code. Under the City Charter, one of this committee’s responsibilities is to revise the ethics code.

The Chairman called a brief recess at 8:15 p.m. and reconvened the meeting at 8:25 p.m.

Attorney Nolin distributed collected comments on the proposed Ethics Code, which members reviewed. Discussion centered on who should make up the investigating panel and the Board of Ethics. Attorney Nolin said that, under this draft, the Board of Ethics would be made up of Council members and the Investigating Committee would consist of electors. The Hearing Board would be made up of Council members and/or other officials.

The Chairman said this was a good compromise that respects tradition and updates the process. If the Council does not agree, it can be voted down or modified. Attorney Nolin said this was a far more detailed document.

Committee members next reviewed various revisions made in response to the collected comments. The Chairman noted that they are delineating boundaries.

Attorney Nolin suggested adding language saying “They do have the right to spend funds, possibly by creating a standard budget in the range of $25,000-$50,000 from the Board of Estimate & Taxation.” He will draft appropriate language.

Attorney Nolin suggested language saying “If a person wishes to waive their right to due process….” He will draft language to go into Section 12.

The question of whether the City would provide counsel for someone against whom a violation has been made. Attorney Nolin said that the City should not be defending someone against an ethics claim. The Board can recommend that someone not found guilty by awarded costs and legal fees. This is a policy decision. Committee members were not in favor of this. Attorney Nolin suggested adding this to Section 12 – that a person could request costs and legal fees from the Board of Ethics, which would then go to the Common Council.

Attorney Nolin said that a concern had been raised that the one-year prohibition might prohibit volunteers from serving on various agencies. He suggested they could say this did not apply to unpaid positions with the City. There was Committee agreement to leave this section as drafted.

Attorney Nolin will make the changes and send the document to the Council for a vote on April 24th. The document will be circulated as soon as possible.

** THE CHAIRMAN MOVED TO FORWARD THE DOCUMENT TO THE COMMON COUNCIL MEETING ON APRIL 25, 2007.
** MOTION PASSED UNANIMOUSLY.

** THE CHAIRMAN MOVED TO APPROVE THE DRAFT ETHICS CODE WITH THE REVISIONS AGREED TO THIS EVENING.
** MOTION PASSED UNANIMOUSLY.

The Chairman thanked Attorney Nolin and Attorney Lasberg for all of their hard work over the past two years, noting that it was a non-partisan effort.

** THE CHAIRMAN MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS THE CARBONE ISSUE.
** MOTION PASSED UNANIMOUSLY.

The Committee went into Executive Session at 9 p.m. and reconvened into Public Session at 9:17 p.m. It was noted that Mr. Hilliard had arrived at the meeting at 9:10 p.m.

** MR. MCQUAID MOVED TO CONTINUE THEIR INVESTIGATIVE HEARING TO TUESDAY, MAY 1ST IN COMMON COUNCIL CHAMBERS AND TO CALL THE PEOPLE NEEDED TO ATTEND THIS HEARING.
** MOTION PASSED UNANIMOUSLY.

** MR. MCQUAID MOVED TO ADJOURN.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 9:20 p.m.

Respectfully submitted,

Cheryl Telesco
Telesco Secretarial Services

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