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

44 comments:

  1. Key Phrase:

    " 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. "

    So , in other words- people like Ed Gilbery and Kip Sheldon, and Johnny Torino and Chris Denfruscion can be told to shut up or leave the meeting ??!!

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    Replies
    1. Langley would never tell them to leave! He's a woose. Definite follower, not a leader. Its obvious.

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    2. I'd say that if we have a Board so inclined, we need a new one.

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    3. Oh - I get it - disrupt the meeting , that's your new game plan?!
      You people are disgusting ! To yell and carry on because you don't like the person speaking is juvenile and childish - ( Defruscio / Torino/ Gilbert ) and shows how truly ignorant you are . At the very least - Gilbert did make some version of a mia culpa although it was a tad bit thin.
      As far as Defruscio and his sidekick Torino - honestly - does anyone really listen or remotely care about what they say ? Between the two of them - there doesn't appear to be a shred of education let alone common sense. Its actually pretty funny to watch the two of them plot their outbursts and unidentifiable little droppings that they shout out. Way to represent !

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  2. I view it as stated in the agenda "Open Public Privilege".

    I also believe that unruly people (not those with whom I merely disagree) can always be asked to behave or leave a public gathering.

    Pete Stenson

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  3. Pete....I hope that you are not suggesting that the meeting that O'Brien, Malone, Mangold and Liccardi were caught having before the hearings and Board meeting was a political caucus. I believe that Liccardi is a Conservative. They knew what they were up to. When Ray and I walked into the meeting everybody split - quickly.

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    Replies
    1. No sh*t Don ! I woulda left too ! No one of any stature or character wants to be in yours or Rays presence. Get over yourself !

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  4. Counsel is not a member of a "legislative body of a county, city, town or village".

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    1. Pete...That's really not responsive, is it?

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    2. I state in the post, "I’m not an attorney so I offer no interpretation. I leave you to draw your own conclusions."

      Pete Stenson

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  5. Right, but he was sitting in on a meeting of the Board majority, no doubt as their attorney. They knew very well that the meeting was illegal. You should have seen Ginny's nervous smile. Said she was just leaving for the WC.

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  6. Speaking of Experts!!!

    "Senator" Ed Gilbert... Delusions of Grandeur???

    Stay tuned...

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  7. "The people who make a difference in your life are not the ones with the
    most credentials, the most money...or the most awards.

    They simply are the ones who care the most."

    Lesson that Langley should follow : in other words - - obviously Mulveys alleged degrees and qualifications don't mean squat because the man hasn't a clue !

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  8. Game on, That was brilliant and factual. That group are the biggest phonies in the area.

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  9. So Steve Millens had an attack of honesty and courage. When will you start your attacks on his person and personality?

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    Replies
    1. Whistling Past the CemetaryJune 29, 2012 11:59 AM

      Steve Millens is nothig but a different version of Don Johnson - he's got an axe to grind.

      His opinion is viewed the same as Johnsons - worthless to people who know better !

      Delete
  10. No updated comments from "Senator" Gilbert on his Times-Union blog? He must be waiting for the next Town Board meeting to announce his candidacy.

    ReplyDelete
    Replies
    1. Don't forget to sign your petitions for "Senator" Gilbert.

      Delete
  11. Do the right thing!June 29, 2012 9:24 AM

    I'm a independent who only votes for the man or woman I believe will do the "best job." Republican, Democrat - who cares.
    But Supervisor Langley it is ashame that Megan was cut down to a much lower salary. Looks like you can make this all OK again by getting rid of Mulvey and putting her in that spot for $40,000. You'd be helping a young family, and getting rid of an idiot who apparently has a learning disability.

    You're a good man and you've sold a bill of goods that will only hurt you in the long run - by keeping him on will only make Republicans and Dems vote for the Democratic Party. Use your brains because he is an asset to the Dems.

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    Replies
    1. Exactly !! Anyone that Defruscio puts in ANY position is guaranteed votes for the Dems in November !

      Defruscio = kiss of death

      Delete
  12. Some folks appear to be up in arms about the unanimous appointment of Mary Pat (Murphy) Donnelly to the vacant Town Justice position.

    The usual cries of nepotism and patronage are expected.

    Nepotism? Nope. The appointment of Mary Pat does not violate the nepotism provision of either the Ethics Board version or the Town Board version of the Draft Ethics Law.

    Patronage? Likely. But … from what I hear, Mary Pat has worked as an Associate Court Attorney in the civil, criminal and traffic parts of Albany City Court for the past 14 years, essentially functioning as a ‘law clerk’ … advising the judges on the exact same types of cases that she’ll encounter in East Greenbush Town Court. Rather impressive qualifications. Mary Pat is able to hit the ground running!

    But how could Supervisor Langley and Councilperson Matters support Mary Pat’s appointment when there’s already a Republican candidate for the November election?

    Perhaps Supervisor Langley and Councilperson Matters see the Town Justice appointment, unlike many others, as a nonpolitical one.

    Perhaps they recognize the importance of the Town Justice functioning with the FULL support of the Town Board. Unanimous bipartisan support is one way for the Town Board to demonstrate this.

    Perhaps they saw Mary Pat as being eminently qualified to be Town Justice and were proud to support her.

    Just sayin’.

    Pete Stenson

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    Replies
    1. Ditto - well said Pete !

      Many of us would like to think that Rick and Keith knew exactly what they were doing. I'd like to think that the support they gave was something non-political and that they saw it as such !

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    2. Lil Mis disgustedJune 29, 2012 9:45 PM

      Of course they both knew what they were doing. Its about time we learn to respect each other's feelings. Because we're Republican or Democrat doesn't make us bad people.Are Irish better than Italians or Polish better than Germans?
      There must be some good that Keith sees in Chris D. and Mulvey; people wonder what it could be. But do the right thing, Supe and get rid of Mulvey and give both positions to the new gal. She deserves it; he deserves nothing.

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    3. I heard that Chris D. and Mulvey are planning on going to work for Ed Gilbert because they think he will beat Senator McDonald. My neighbor was asked to sign one of Gilbert's petitions yesterday. She said no thanks, she has seen how Gilbert acts at TB meetings.

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    4. That whole "Senator Gilbert" thing is a joke right? Nobody has an ego that big...

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    5. Deb: have you actually met Ed Gilbert? Sit and talk with him.
      Arrogance seems to be the common thread amongst the Gilbert,Johnson,Jenkins tribe.

      Delete
    6. Deb-- It's no joke!! "Senator" Gilbert is in the race with Chris D., Sean Mulvey and Keith Langley serving as his campaign strategists no doubt.

      Delete
  13. Go read section8s rants on gag fly. Speaking of a poop problem

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  14. Is Mulvey still collecting a paycheck? He sure doesn't put a lot of hours in at Town Hall.

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    Replies
    1. I hope Mulvey's check amount is right. God knows he's screwing up. How can a teacher know what he's doing in the financial dept.
      Wake up, Keith - you've got alot of disgruntle people in this town that know whats going on.
      What if he writes you a check for twenty bucks? in lieu of your normal pay?
      Thats right he's your friend, so you'd look the other way. Yes your the Supervisor - yet you've made many many enemies already. Good luck in 3 and a half years; you'll need it.

      Delete
    2. Good point Mr. Disgusted. Does Mulvey know how much his check is supposed to be for? We wouldn't want him to pay himself the wrong amount.

      Delete
    3. Come on Supe - do the right thing, get rid of baldy and give that young lady a FT job. If his wife's an attorney, they can manage.
      Think with your heart if you've got one!

      Delete
  15. It should be noted that apparently people are leaving comments for the gadfly bloggers , comments apparently in bad taste.
    We have no idea who or what , much less do we really care. Apparently the blogmaster @ gadfly thinks we don't receive those same types of posts here. We actually do yet we simply chose not to acknowledge them and refuse to post them. Its about that simple !

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  16. Don is showing how "thin-skinned" he really is ! Grow a set or get out of the blogging business !

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  17. Who cares if Johnson or Mooney are offended! The two of them are like a bad case of hemorrhoids anyway - Preparation H anyone??! lol!

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  18. Really?? Don is offended by something someone wrote?? How does it taste don?? Think now about how most of East Greenbush feels when you open your mouth and blab on about something that most everyone else could care less about ! Wake up - your driving people the opposite way which your apparently headed.

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    Replies
    1. Slim; and that would be a good thing !

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  19. Must ask yourself how a man - who is so highly touted as the change that Johnson and Defruscio and ALL the reformers wanted , could screw up so bad in his first 6 months?
    How can a man who supposedly comes from a "business" backround, not a "teaching" backround , make so many errors and mistakes and bad judgement calls?
    How are we supposed to ever trust a man who brings such disruptive people into Town Hall and then acts like all is well? The team of Mulvey and this new girl have managed to screw up health care benefits and salary two times in a row now. Totally unacceptable.
    WAKE UP KEITH - you've made some mistakes ! Correct them and salvage some respect for whats left of your "business" reputation.

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    Replies
    1. Defruscio is NOT a reformer, he is the Republican Chairman and a close adviser to the Supervisor.

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    2. What kind of business? Funny business? These are serious errors and not nickel and dime errors! Obviously Mulvey is not suited for that job and if Keith doesn't see that, then he is not suited for his job either.

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    3. That was a mouthful. Keith has made some mistakes; but I also feel in time he will stand on his own two feet and do the right thing. It may piss the Republicans off, but at least we'd know we have a leader who thinks for himself and is a man not a woose.
      Get Laura back in there - no matter what it takes. You could of had it all, Keith by keeping her instead of listening to the "goons" that caused this mess. Bring back the people that were in that office - and do yourself a favor. It would be to your advantage.

      Delete
  20. With all due respect. I don't think anyone would ever characterize Chris Defruscio as a reformer.

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  21. Defruscio is nothing but a washed up used car salesman. He has no common sense and clearly can't run a political party - unless your talking about a "Mickey Mouse" party !

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  22. Hey Curly Joe...don't insult Mickey Mouse!

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