Henry Carletti, Jr.: Chairman Delfino asked Mr. Carletti how he felt the Plumbing Examiners Board was doing. Mr. Carletti responded that he just started in June, so he is not privy to what went on before that but he feels it is going well. Chairman Delfino explained that in order to make any changes in the legislation the recommendation would have to come from either the Board of Plumbing Examiners or the Board of Legislators. Mr. Carletti stated that what he felt got everything started on the wrong foot was that the whole industry moved too fast. The Legislation was passed in October, the Board was formed in November, It went into effect in January. It should have been put into effect January of the following year, then all the bugs could have been worked out. Chairman Delfino asked Mr. Carletti, as a plumbing code enforcement official, how it has impacted his community. Mr. Carletti responded that they lost a lot of revenue, about six or seven thousand dollars. He went on to say that he wished there was a little more enforcement power with this Board. There are still municipalities that are charging a registration fee, which is not fair. This charge is not for a license, just to register. Plumbers in New Rochelle use to be charged $60 to renew their license every year. They lost that, the County charges for the license renewal now, so the municipalities can not. However, some municipalities did not want to lose that revenue so they charge a registration fee. The public is being billed twice, they are being billed to pay the County fifty dollars for the registration of that plumber who is going to work in Tuckahoe or Pelam and then billed another hundred and twenty five dollars for

that plumber to register. Chairman Delfino stated that he did not think

that the County could over rule that decision. It is a local decision, the

communities decision. Mr. Delfino felt it was wrong, there are other ways of keeping revenue. Chairman Delfino asked if there were any other inequities. Mr. Carletti responded that he is against grandfathering. He wants to be sure people know what they are doing. There are some municipalities who issued licenses with no test. Now they come to the communities that had tests and Mr. Carletti has to be a teacher, he does not want that. Also these people may be working on gas pipe. That is a dangerous situation. He is opposed to anyone being grandfathered who has not taken a test. He went on to say that he is not against grandfathering journeymen plumbers county wide because they are working under the jurisdiction of the master plumber who has a license in that community. Legislator Swanson asked if Mr. Carletti knew that the journeymen were to be licensed at the end of this year. Mr. Carletti responded that he did, after the first of the year they can no longer be grandfathered.

On motion of Legislator Spreckman, seconded by Legislator Young the motion to approve the Resolution confirming the appointment of Henry Carletti, Jr. as a member of the Board of Plumbing Examiners was approved by a vote of 4-0. Legislator Swanson obstained.

Mr. Vitagliano and Mr. Ochacher reviewed, with the Committee, the changes they made from the eighth draft to the ninth draft of the Code of Ethics. They also submitted two alternative provisions for discussion on gifts and solicitation.

section one: No Cty. officer or employee shall act or appear as attorney, agent, broker, employee, consultant, or representative for any person in connection with any matter that person has with West. Cty. They changed business dealings to any matter.

section two: after a lengthy discussion the Committee chose to go with the alternative provision on gifts. No Cty. officer or employee shall directly or indirectly, solicit any gifts or accept or receive any gift

having a value of seventy-five dollars or more per annum, whether in the form of money, services, loan, travel, entertainment, hospitality,

thing or promise, or any other form, under circumstances in which it could be reasonably inferred to influence him or her in the performance of their official duties or was intended as a reward for an official action on his /her part.

section three: they just cleaned up the language to conform with State law.

section four: stayed the same.

section five: After a lengthy discussion the Committee chose to go with the alternative provision on solicitation, which was a combination of section five and six. No Cty. officer or employee shall knowingly request or knowingly authorize anyone else to request any subordinate of the Cty. officer or employee to participate in an election campaign or contribute to a political campaign. This shall not prohibit a general request or solicitation of a class of persons, other than those expressly prohibited, of which such subordinate Cty. officer or employee happens to be a member.

section seven: no change

section eight: no change

section nine : They eliminated getting a waiver to work for a company who did business with Westchester but left in the restriction of going back in front of your agency or work on the same subject matter after leaving your position. They were less restrictive with the time period but more restrictive with the number of people it will effect. No Cty. officer or employee shall for one year after termination with the Cty. appear before his/her former agency, except on his/her own behalf. No Cty. officer shall for one year after termination with the Cty. appear before the Cty. and receive compensation for any services rendered on behalf of any person other than the Cty., in relation to any matter involving a discretionary act performed during his/her employment with the Cty.

section ten: No Cty. officer or employee shall during or after his/her employment with the Cty., solicit negotiate for, or accept any employment which would require appearances or services to be made

or rendered from which he/she would be disqualified under section nine.

section eleven: no change

section twelve: no change

section thirteen: no change

section fourteen: No reporting officer or employee or Cty. elected official shall upon termination of employment with the Cty. become employed by or accept a position of paid consultant to the Cty. for a period of one year following such termination unless such consultation be first approved by the Board of Legislators. This is a new provision.

section fifteen: A new line was added. Nothing in this section shall be construed to prohibit a Cty. officer or employee or any other person from receiving a service or benefit from the Cty. or using a Cty. facility, which is generally available to residents or a class of residents in the Cty., on the same terms and conditions as all others similarly situated. However, no Cty. officer or employee shall use his/her position to secure a benefit not otherwise available to a resident of the Cty. or a member of the general public.

section sixteen: no changes, just the dollar value to conform with state law. Nothing in this section shall be construed to prohibit any Cty. officer or employee listed in section eleven of NYS Domestic Relations law from accepting a gift or benefit having a value of seventy-five dollars or less for the solemnization of a marriage by that Cty. officer or employee at a place other than the Cty. officer’s or employee’s normal place of business or at a time other than the Cty. officer’s or employee’s normal hours of business.

section seventeen: no change.

section eighteen: no change.

section one: This was made simpler than before. A Cty. officer or employee shall promptly recuse himself/herself from acting on a matter before the Cty. when acting on the matter or failing to act on the matter, may financially benefit himself/herself or any relative of the Cty. officer or employee. The Cty. officer or employee also shall file promptly with his /her immediate superior, if any, and with the ethics

board, a signed statement disclosing the nature and extent of the interest, or if a member of a public body, board or commission, shall

state that information upon the public record at an open meeting to be recorded in the minutes.

section two: no change.

Prior language was problematic. The protections and requirements of section 75-b of NYS Civil Service Law and section 740 of NYS Labor Law governing whistleblower protection are specifically noted and incorporated by reference herein.

The records are currently maintained by personnel, they changed it to be maintained by the Board of Ethics.

They just shortened it up. No Cty. officer or employee shall intentionally induce or attempt to induce any other Cty. officer or employee to take or refrain from taking any action which violates any provision of this chapter.

Section one: no change

section two: They added some info. Any Cty. officer or employee who engages in any action that violates any provision of this chapter, although not convicted of a misdemeanor under this chapter, may be warned, reprimanded, suspended or removed from office in a manner authorized by law, and pursuant to any requirements established under collective bargaining agreements. A warning, reprimand, suspension, removal or other authorized sanction may be imposed in addition to any other penalty contained in this chapter or in an other provision of law.

section three: no change.

section four: no change.

section five: no change.

Testimony: no change.

Suites Against County: no change.

Distribution of Code of Ethics: no change.

After the review of the ninth draft of the Code of Ethics Mr. Vitagliano stated that the next step would be to sign it out for a public hearing at the next Committee meeting. He also stated that they will send a copy

of the revised draft to the Ad Hoc Committee. Chairman Delfino stated he would have a copy distributed to all the Legislators as well.

Legislator Donovan motioned to adjourn the meeting at 10:28 a.m. and was seconded by Legislator Young. The motion was carried by a vote of 5-0.