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COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS MINUTES JULY 21, 1997 12:00 P.M.
LEGISLATORS: DELFINO, SWANSON, SPRECKMAN, YOUNG
STAFF: MONOHAN (CTY EXECS OFFICE), VITAGLIANO, RODRIGUEZ, KRISS, MORO (BOL)
DISCUSSION: There is a tape on file for more detailed information.
Code of Ethics: Chairman Delfino called the meeting to order at 12:12 p.m. He began by explaining that they had asked Marilyn Slaattan for her legal opinion regarding a mandatory referendum for Ethics Code revisions. Chairman Delfino continued by reading the first local law, which was an amendment that permits an annual review of the list of titles required to file a financial disclosure form. The standards for these reporting titles are strict and clear. Under the Countys current Ethics Code, changes can only be make for technical revisions (i.e., job title changes, abolition of positions.) The proposed amendment allows the appointing authority to make an annual determination on which titles must file. This change strengthens the Countys Ethics Code by requiring closer scrutiny on an annual basis rather than waiting for a technical revision to be made every several years. Chairman Delfino stated that their question to Marilyn Slaattan was, do they have to go to referendum to revise the list. Mr. Vitagliano stated that Marilyn Slaatten has ruled that the Board has the power to change the Code and that includes the power to update the list, so there is no need to go out for referendum. Mr. Vitagliano feels that the Board should keep the power, there is no reason to give it away at this time. We will review the list as part of the whole Ethics overhaul. His recommendation would be to table this item. Chairman Delfino agreed this would be the appropriate action to take. Legislator Young motioned to table the item, and was seconded by Legislator Spreckman. The motion was carried by a vote of 4-0.
COMMITTEE ON COUNTY OFFICERS & DEPARTMENTS MINUTES - JULY 21, 1997 PAGE 2
Chairman Delfino read the second local law, which was an amendment that shifts from the Board of Legislators to the Board of Ethics the power to approve the rehiring of or the issuance of consulting contracts with departing employees who were subject to financial reporting requirements within one year of their termination of employment. This amendment will help ensure that only the most qualified employees or those with specific expertise can work for Westchester County after terminating their employment with the County. Mr. Vitagliano stated that we will need to define some standards We will include standards in the revised Code of Ethics. The question is do we want the Legislators to retain the power or do we want to delegate it to the Board of Ethics. Mr. Vitagliano explained the third local law. This amendment shifts the power to grant waivers of employment for departing employees from the Board of Legislators to the Board of Ethics. Depoliticizing the current waiver process ensures that Westchester County will continue to attract the most qualified individuals to work in government. The Ethics Board can better handle waiver requests fairly, expeditiously and non-politically on a case by case basis, with out unnecessary delay, publicity or personal or professional intrusion. Mr. Vitagliano suggests giving the power to the Board of Ethics. Legislator Spreckman inquired as to who the members of the Board of Ethics were. A list of the member was distributed and reviewed by the Committee. Chairman Delfino stated that there are pros and cons but he feels it would be in the best interest of the Board to shift the power to the Board of Ethics. Legislator Swanson believes this belongs with the Board of Ethics, it is the scope of their work. Legislator Swanson motioned to shift the power from the Board of Legislators to the Board of Ethics to rehire or issue consulting contracts to departing employees who were subject to financial reporting requirements with in one year of their termination of employment, and was seconded by Chairman Delfino. Legislator Young voted nay, Legislator Spreckman voted with out prejudice. The vote was carried by a vote of 3-1. Legislator Swanson motioned to shift the power of granting waivers of employment for departing employees from the Board of Legislators to the Board of Ethics, and COMMITTEE ON COUNTY OFFICERS & DEPARTMENTS MINUTES - JULY 21, 1997 PAGE 3
was seconded by Chairman Delfino. Legislator Young voted nay, and Legislator Spreckman voted with out prejudice. The vote was carried by a vote of 3-1. Chairman Delfino stated that these items will go before the full Board of Legislators at this evenings Board meeting. They are also up for public hearing tonight. Legislator Swanson pointed out that these are mandatory referendums and if they are not acted upon at tonights meeting, they can not be acted upon until next year.
Legislator Swanson motioned to close the meeting and was seconded by Legislator Spreckman. The motion was carried by a vote of 4-0
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