Monday, June 25, 2012

QUOTING THE EXPERTS

It appears that some residents of East Greenbush may be laboring under misconceptions about certain provisions of the law.  Below, I quote and provide citations from relevant authorities on these topics with emphasis added for pertinent sections.  I’m not an attorney so I offer no interpretation.  I leave you to draw your own conclusions.

Pete Stenson


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Module 2 - Codes of Ethics and Other Local Actions
“The OSC model codes of ethics are intended to be used as a starting point by any municipality that intends to adopt or amend a code of ethics. The OSC model code of ethics for local governments addresses the issues required by Article 18."
http://www.osc.state.ny.us/localgov/training/modules/protecting/two/coe_include.htm

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Open Meetings Law
Ҥ108. Exemptions. Nothing contained in this article shall be construed as extending the provisions hereof to:
2. a. deliberations of political committees, conferences and caucuses.
b. for purposes of this section, the deliberations of political committees, conferences and caucuses means a private meeting of members of the senate or assembly of the state of New York, or of the legislative body of a county, city, town or village, who are members or adherents of the same political party, without regard to
(i) the subject matter under discussion, including discussions of public business,"
http://www.dos.ny.gov/coog/openmeetlaw.html#s108

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Conducting Public Meetings and Public Hearings
http://www.dos.ny.gov/LG/publications/Conducting_Public_Meetings_and_Public_Hearings.pdf

“What Are Public Hearings? — A public hearing is an official proceeding of a governmental body or officer, during which the public is accorded the right to be heard.”

The board members may want to ask questions of witnesses in order to clarify facts and opinions presented in their testimony. In addition to questioning witnesses, the board may permit members of the public to question witnesses at the hearing. If it does so, the board should be careful not to turn the hearing into a debate. Open debates of public issues tend to raise people's emotional levels, diminish the board's control over the hearing, and tend to discourage some witnesses from testifying.”

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STATE OF NEW YORK
DEPARTMENT OF STATE
COMMITTEE ON OPEN GOVERNMENT
OML-AO-05210
December 2, 2011

“Second, while the Open Meetings Law clearly provides the public with the right “to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy” (see Open Meetings Law, §100), the Law is silent with respect to public participation. Consequently, by means of example, if a public body, such as a town board does not want to answer questions or permit the public to speak or otherwise participate at its meetings, we do not believe that it would be obliged to do so. On the other hand, a public body may choose to answer questions and permit public participation, and many do so. When a public body does permit the public to speak, we believe that it should do so based upon reasonable rules that treat members of the public equally.”
http://www.dos.ny.gov/coog/oml_listing/op.html

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“Town Law §27. Compensation of town officers and employees.
1. The town board of each town shall fix, from time to time, the salaries of all officers and employees of said town, whether elected or appointed, and determine when the same shall be payable.”
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$TWN27$$@TXTWN027+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=35461891+&TARGET=VIEW

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“Town Law §63. Presiding officer and rules of procedure.
The supervisor, when present, shall preside at the meetings of the town board. In the absence of the supervisor, the other members shall designate one of their members to act as temporary chairman. A majority of the board shall constitute a quorum for the transaction of business, but a lesser number may adjourn. The vote upon every question shall be taken by ayes and noes, and the names of the members present and their votes shall be entered in the minutes. Every act, motion or resolution shall require for its adoption the affirmative vote of a majority of all the members of the town board. The board may determine the rules of its procedure, and the supervisor may, from time to time, appoint one or more committees, consisting of members of the board, to aid and assist the board in the performance of its duties.”
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$TWN63$$@TXTWN063+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=16226857+&TARGET=VIEW

Sunday, June 17, 2012

Today is Father's Day

EG Talks extends a Happy Father's Day to all who are so blessed.

Thursday, June 14, 2012

Meeting Notices of Interest

Ethics Board Meeting
The Board of Ethics will hold a meeting on Tuesday, June 19th at 7p.m. The meeting will be held at Town Hall.

Spotlight on Youth Awards
Youth Award recipients entrants will be honored at a ceremony on Wednesday, June 20th , 2012 at 5:00 p.m. in the East Greenbush Town Hall, located at 225 Columbia Turnpike. Light refreshments will be served.

Notice of Public Hearing
The Town Board of the Town of East Greenbush has scheduled a public hearing for a Local Law regulating Outdoor Recreational Shooting and the establishment of Approved Shooting Range Criteria within the Town of East Greenbush. The hearing is scheduled for June 20, 2012 at 6:00p.m. at the East Greenbush Town Hall. 

Notice of Public Hearing
The Town Board of the Town of East Greenbush has scheduled a public hearing for June 20, 2012 at 6:30p.m. at the East Greenbush Town Hall to hear public comments regarding a proposed Local Law establishing a code of Ethics of the Town of East Greenbush.



Wednesday, June 6, 2012

Citizens Fiscal Advisory Committee

The Citizens Fiscal Advisory Committee has scheduled a meeting for Monday, June 11, 2012 at 7:00 p.m.

The meeting will be held in the Community Room at Town Hall and is open to the public.