Chairman Delfino called the meeting to order at 9:37 a.m.

MINUTES: Legislator Spreckman motioned to approve the minutes of May 12, 1997, and was seconded by Legislator Young. The motion was carried by a vote of 4-0.

Chairman Delfino started the meeting by expressing his disappointment in the lack of participation and attendance from the rest of the Board of Legislators in regard to the Code of Ethics discussions. Chairman Delfino then went on to distribute written comments on the seventh draft of the Code of Ethics, from the League of Women voters.

Mr. Vitagliano began his review with the general municipal law on conflicts of interest prohibited, section 801, which there were questions on in the last meeting. A copy of this section of the municipal law was distributed to all members of the Committee. Mr. Vitagliano explained that it relates to page seven, section fifteen, which covers competitive bidding. Mr. Vitagliano stated that he and Mr. Ochacher have discussed it. They had incorporated one of the comments from the Ad Hoc Committee, and that is where the language comes from. The question was, should they preclude any competitive bid or preclude any individual from submitting any kind of

competitive bid. He feels that would be overreaching, because competitive bidding has certain standards. The standards the general municipal law talk about, is that you yourself can not award a contract even if it was competitively bid to an entity to which you control, you can submit one to your government on it but you can not vote on it.

Mr. Vitagliano read each section of the eighth draft, then a discussion followed to make sure each section was clearly understood.

Section eighteen: Mr. Vitagliano stated that what this really addresses is that it is no problem for county officials to use County parks or County facilities as long as they are not getting some extra benefit that is not generally available.

Section nineteen: This just makes it clear that in the event any county official is authorized to perform a marriage service, nothing in the County code precludes them from accepting any type of gratuity for performing that service.

Section twenty: This is just a general catch all. This says any county officer is supposed to do their job.

Section twenty one: This is a new section. They Wanted to make it clear that volunteer and community service activities are appropriate and they should not be discouraged, just because they are a county employee. The language, provided that County resources shall not be used in connection with such service, was a suggestion of the Ad Hoc Committee. They wanted to make it clear that while it is OK for an individual to serve on a governing body they should keep the business of that organization away from County government.

Section twenty-two: This section simply states that a person who knowingly violates any provision of this section shall be guilty of a class A misdemeanor. This concludes the section on Standards of Conduct.

Section one: This basically states that a county officer or employee can not take action on any matter before the County if there is going to be a personal interest for them or any related person. They could not participate in that matter. They are required to put it in a statement to their superior and the Ethics Board.

Section two: This section explains who is meant by related person, in section one.

Section three: This basically says that if for some reason a Board is supposed to be voting on something but there is no longer a majority left on that Board because everybody had an Ethical challenge then any member can apply to the Ethics Board for a waiver of the recusal requirements.

Section four: This states that you can perform an act and file your disclosure statement later.

Mr. Vitagliano stated that we may consider clarifying the point about governmental service in other agencies. Do we want to restrict governmental service some place else. There is interdependence of governments, there are governments relying on each other, shared services, grants things of that nature.

Section five: A person who knowingly violates any provision of this section shall be guilty of a class A misdemeanor.

No complainant shall be discharged, threatened, or otherwise discriminated against regarding compensation, terms, conditions, location, or privileges of employment because:

Section one: The complainant reports a violation of this chapter or

Section two: The complainant is requested to participate in an investigation, hearing, or inquiry held pursuant to this chapter or in any related court action.

This section shall not apply to a complainant who knowingly makes a false report.

Mr. Vitagliano explained that they pulled language from other ethics codes. This is something that was not in the code originally. Mr. Vitagliano stated that the County Attorney may want to have some comments on this section as to whether this broadens or limits other protections of civil service or civil service contracts if it is put in as a general standard would it trigger an ethical violation if you are taking retaliatory action against an individual.

The disclosure statements that are required by this code shall be kept on file with the Ethics Board for not less than seven years from the date of filing. Right now they are kept on file with the Personnel Department.

This basically says that any person who tries to get someone else to break the Ethics Code shall be guilty of a misdemeanor.

Section one: If you violate the Ethics law and were convicted of a misdemeanor then you are prohibited from entering into contracts, business dealings or employment with the County. The Ad Hoc Committee thinks this should be stronger.

Legislator Swanson motioned to adjourn the meeting at 10:25 a.m. and was seconded by Legislator Spreckman. The motion was carried by a vote of 4-0.