Town Board - Regular Meeting

There we There we go. Good evening. Welcome to the meeting tonight. We'll start out uh opening the uh public hearing uh with the pledge to the flag. We start off tonight with public hearing code of ethics of council. accuse myself and I believe turn this over to the deputy. So that once the public hearing is over, we can start the regular Okay, at this time we'll open the public hearing public comments.

Is it up? Okay. Uh, my name is Deb Mueller and I am the labor relations specialist with CSEA. Uh, I represent the CSEA bargaining unit at highway department and I'm here regarding the proposed changes to the town code of ethics. Uh the changes have been reviewed by the CSEA legal team and we believe the proposal raises serious legal concerns and could expose the town to liability under constitution, the US constitution and state labor laws. This resolution would prohibit town employees from participating in political party committees even on their own time. that conflicts with protections under the US and New York state constitution as well as New York labor law 2011-d which is the Taylor law which protects lawful offduty political action. It also appears to be a mandatory subject of negotiation uh because it is concerning offduty conduct. It must be negotiated with me. But beyond the legal concerns, this proposal has a direct impact on our members. In fact, one of our own employees is a political committee member. This would force them to choose between their personal political activities and their job. These are not policy makers. They are rank and file employees who have the right to be involved in the community outside of work. We urge the board to reconsider this proposal before moving forward in a way that could result in legal challenges and unnecessary cost.

Thank you. I thought that I Thank you. So, New York State general municipal law requires all municipalities to adopt a code of ethics, which is what the town did a few years

And at the time it considered whether or not to put in the provision that's currently being proposed put in, which is no municipal officer or employee may while serving as an elected or appointed town officer or employee hold office in a political party, including serving as a committee person. So at the time it was asked whether that provision was constitutional or not constitutional. It is constitutional. It is completely allowable and permissible under New York State case law and under United States Supreme Court case law to have such a provision in a local conflict um or local code of ethics. It is not required but it is permissible. And that was the advice that I gave the board when it first adopted the law. And at the time the board chose not not to not to include that provision. Um and now we have a different board and now the board is considering whether to put that provision into the code of ethics. So the only thing that is changing about the code of ethics is whether or not section 15C would be amended to state again that no municipal officer or employee may while serving as an elected or appointed town officer or employee hold office in a political party including service or serving as a committee person. Um and again under New York State appellet division and court of appeals law um it's been considered that these types of provisions are allowable under the state constitution.

They don't violate the right to vote. They don't violate the right against dis disfranchisement. They don't violate equal protection. They don't violate the right of association. They don't violate freedom of speech. there's no direct impact on a right to vote. Uh no class of voters is disfranchised. Um, and then with respect to section 2011D of the labor law, there's actually an exception in 2011 D 3D. Um, which states that with respect to employees of any employer, that's defined in section 27A. Uh, 27A does define the town of Shelby would be defined as an employer under that section. uh that if it is a provision if if an employee is in knowing violation of article 18 of the general municipal law which is the state code of ethics or any local law adopted in accordance with the state code of ethics which is what the town's code of ethics would be um that there's an exception where such law code provision charter rule or directed concerns, ethics, conflicts of interest, potential conflicts of interest or the proper discharge of official duties and otherwise covers such employees. So 2011D would not apply to this particular uh provision of the law. Are there any

more public hearing one next? will accept public comments. John, I would recommend someone makes a motion to close the public hearing, but to accept written public comments until April 28th at 5:00 p.m. You want to make that all in favor? All the votes nay. And then darling, you just want to give them your email address. Um, my email address is my name, darling rich at town ofshelbyny.gov.

got quite an agenda tonight. So, we'll try to Tonight we have representative I think I had it right but got it right now. So if you would you want to come up and explain where we are with Yes. Thank you for Um,

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So, I'll just clarify to anybody that wants to agree needs to go on to the New York State Department of Taxation and Finance website and download what's known as a form RB524, which is a complaint on real property assessments. That form can be filed at any point in time up until you're stay, which you said was May 27th. So, So all the forms must be submitted by May 27. Forms cannot be submitted after May 27. If to the point depending on how many people file grievances, if they all can't be heard that day, then it's possible that the grievances will be heard after that day. But the forms have to be in no later than May 27. First I don't There you go. What does it do?

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work. Second resolution second. All in favor to approve April 1st second opposote. resolution against all favor. Sure. being failed by attendant resolution.

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process. You have to about it. Hopefully, we are first quarter. Okay. That's also any other question. Sure. process. So, we're getting that I have a motion. All

favor. All in favor?

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Let's go. All in favor?

All in favor of public hearing. Roger. Wonderful.

All favor. All right. that price. location. Michael Nice.

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I didn't want to interrupt you, but I'm sorry. At this point, nothing else. Any public comments? It's not. It's not. Here we go.

Anybody else? Quick little kids. We're big. I don't know. I have a second. All in favor?