Chairman Delfino called the meeting to order at 9:18 a.m.

Legislator Swanson motioned to approve the minutes of May 5, 1997, and was seconded by Legislator Spreckman. The motion was carried by a vote of 5-0.

Mr. Ochacher began by clarifying a question that was raised in the last meeting. He referred everyone to page seven, items nine and ten of the eighth draft of the Code of Ethics. These items state that no county officer or employee shall for a period of one year after termination of his or her term of office or employment with Westchester County, appear before ... (item 9) his or her former agency, except on his or her own behalf, (item 10) before the County and receive compensation for any services rendered on behalf of any person other than the County, in relation to any matter involving a discretionary act performed during his or her term of office or employment with the County. The question was, would just the individual be prohibited or the firm they go to work for as well. The answer is that it only pertains to the individual.

Mr. Ochacher began the review of the eighth draft by first reading each item then discussing it and giving examples if there were any questions on it.

Section twelve: No county officer of employee shall knowingly acquire, solicit, negotiate for, or accept any interest, employment, or other thing of value which would place a county officer or employee in violation of this chapter. This item speaks for itself, there were no questions on it.

Section thirteen: Mr. Ochacher explained that simply put this item states that if a public official has a substantial interest in a business, that business can not appear before the County on behalf of any person other that Westchester County or itself. Mr. Ochacher stated that this item is really geared more toward the law firm scenario. Essentially you can not be in a position where you are working for the County, and you are a policy maker and you have an interest in a firm that has an interest in the County. There was a lengthy discussion, several different scenarios were given in order to get a better understanding of this item. Chairman Oros inquired how disclosure would relate under this law. If there was a conflict would he disclose it or would he recuse himself. Mr. Ochacher responded that there are two thresholds. The first is under item thirteen, where it would prohibit you from serving as a public official and continuing to have that proprietary interest and if you do not meet that threshold then under section 883.41(on page eight) there is a second threshold that says if there is a conflict of interest that may not rise to a prohibition in item thirteen, you have to disclose it and recuse yourself from voting.

Legislator Donovan made a suggestion on a stylistic change to the eighth draft. He stated that since section nine and ten are referring to, after you are a county employee or county official, they should occur in the code of ethics, after sections twelve on down, which refer to, while you are a county employee or county official, it may be easier to follow.

Section fourteen: This section states that no public officials shall simultaneously serve as a political party official, nor shall any public official appoint to any unclassified, exempt or provisional position nor have any business dealing with, a political party official, or relative of a political party official. Mr. Ochacher stated that when they were working on this draft there was a pretty strong desire to insert this provision. Chairman Delfino questioned how the terms unclassified, exempt and provisional positions are defined. Mr. Ochacher responded that those are terms that refer to any position in the County that would be non civil service. They did not want to prohibit anyone from being a political party official and being able to qualify for a civil service exam before the County. Legislator Spreckman inquired if this section included elected officials. Mr. Ochacher stated that, that was not the intent but it is something for this Committee to decide on. The Committee believed it was prohibited on the County level, pursuant to the County Charter. Mr. Ochacher stated he would check in to it. Legislator Swanson inquired as to exactly what was meant by the term relative. Mr. Ochacher responded that it is a defined term (page 5), meaning a spouse, child, step-child, brother, sister or parent of a Westchester County officer or employee or a candidate for county office or the spouse of any such individual. Legislator Donovan suggested splitting this section in half. The segment regarding business dealings should be a separate section. Again there was a discussion, with questions and examples to get a clearer understanding of the section.

Section fifteen: Mr. Ochacher stated that this section is related to section thirteen. He went on to say that perhaps the order in which these sections read should be changes, such that section fifteen should follow thirteen in the Code of ethics, and not be interrupted by section fourteen. Mr. Ochacher explained that this section does the same thing that section thirteen does ,but with respect to business dealings with the County versus appearing before the County. Legislator Donovan asked for clarification on what the second section

of this item means...For purposes of this subsection, "Business

Dealings" shall not include contracts with Westchester County and Westchester Community College, gained through competitive bidding to the extent not prohibited by NYS General Municipal Law Section 801. Mr. Ochacher responded that, that states you can not prevent competitive bidding in that section of the general municipal law. The State specifically says that even if there is a situation where a public official has an interest in an entity that does business with a governmental unit of which that public official is employed if there is competitive bidding involved you can not prohibit the business deal. Legislator Donovan was concerned that this section could be perceived as a loop hole. Mr. Ochacher stated that he does not know if there is anything that can be done about it, pursuant to state law. He will, however check in to it further. Chairman Delfino requested a copy of Municipal Law Section 801 be distributed to all Committee members.

Section Sixteen: Mr. Ochacher explained that this is an item that was continued from the previous Ethics Code. This simply is an affidavit that consultants have to file with the County.

Section Seventeen: Mr. Ochacher informed the Committee that this is a new item, it is a dramatic departure from what we had in the past. It ties into the post employment issue. No reporting officer or employee, (anyone who has to complete a financial disclosure form) or County elected official upon termination of employment with the County can become employed by or accept a position as a paid consultant to the County for a period of one year, unless the consultation is first approved by the Ethics Board. In the past, this is something that would have been the responsibility of the County Board, for a waiver. We have taken away the waiver. The Ethics Board, as an independent body and less political, will make the decision.

Legislator Spreckman motioned to adjourn the meeting at 10:00 a.m. and was seconded by Legislator Donovan. The motion was carried by a vote of 5-0.