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