Town of East Hampton
Ethics Commission Regular Meeting
Thursday, January 3, 2008
Eaton E. Smith Meeting Room
Present: Chairman James Scroggins, Vice Chairman Leroy Lawson and members Mary Carter, David Fuka, John McBrearty and Mila Smith. Also present was Town Attorney Jean D’Aquila and Recording Secretary Cathy Sirois.
Not Present: David Gizewicz (away on business)
Call to order and Pledge of Allegiance: Chairman James Scroggins called the meeting to order at 6:32 p.m. All stood to recite the Pledge of Allegiance.
Approval of Minutes
A. December 6, 2007 Regular Meeting: Chairman Scroggins noted the following changes to the minutes:
- Correct all references to the 2007-1 Ethics Complaint
- After the Executive Session, note that Mr. Fuka returned to the meeting also.
Mr. McBrearty made a motion to approve the December 6, 2007 Regular Meeting minutes as amended. Seconded by Mr. Fuka. So voted (6-0).
Chairman’s Communications: Chairman Scroggins confirmed that all Commission members not recused from Ethics Complaint 2007-1 received the response from the respondent.
Discussion Regarding Alternates/Hearing Process: Attorney D'Aquila reviewed the subject of alternates during the hearing process. She noted that non seated members should not participate in deliberations. They can listen to the case and the hearings. They can also ask questions prior to deliberations. The following statement will be followed by the Ethics Commission, "Alternate members, unless seated, shall not participate in any post evidence deliberations of any matter".
Discussion of Administrative Procedures:
1. Mr. Fuka reported that he has been made a notary by the Secretary of State's office.
2. Chairman Scroggins will draft a letter to the Acting Town Manager regarding permission for Attorney D'Aquila to attend future Ethics Commission meetings.
Other Business to Consider:
1. Mr. Fuka noted that he will be away on the next meeting date of February 7th.
2. Attorney D'Aquila presented a document to the Commission regarding legal representation for respondents. This document could be attached to correspondence to the Town Council regarding legal representation.
3. Ms. Smith will be having an operation on March 6th so she will unable to attend meetings through at least April. If needed, she could be available by speakerphone for the April meeting.
4. Mr. Lawson asked a hypothetical question - what would happen if there is an ethics complaint against more than four Town Council members? This could be an issue since after a decision is made by the Commission it would go to the Town Council for action and this would cause a quorum issue. Attorney D'Aquila will review this hypothetical situation.
Planned Executive Session – Review Ethics Complaint 2007-1: Mr. Lawson and Mr. Fuka recused themselves from Ethics Complaint 2007-1 prior to the Executive Session. Chairman Scroggins seated the two alternates, Mr. McBrearty and Ms. Smith. Ms. Carter made a motion to enter Executive Session at 7:05 p.m. Seconded by Mr. McBrearty. So voted (4-0). Attorney D’Aquila and Cathy Sirois were also present during Executive Session.
The Commission exited Executive Session at 9:10 p.m.
Mr. McBrearty made a motion to adjourn the meeting at 9:11 p.m. So voted (4-0).