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HomeMy WebLinkAboutOpen Meetings Law and Ethical Issues Office Location: so Mailing;Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 CA Southold,NY 11971 • Q Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 GUIDELINES TO OPEN MEETINGS LAW AND ETHICAL ISSUES (2015) Introduction The following Guidelines to Open Meetings Law and Ethical Issues is voluntarily adopted by the Southold Town Zoning Board of Appeals, as permitted by Town Code §280-148. It is intended to supplement and further clarify the responsibilities and ethical standards proscribed for Zoning Boards by the Town of Southold and New York State. The purpose is to set an expected level of personal and professional behavior to ensure that all ZBA members exercise the highest degree of honesty, dedication, confidentiality and professionalism. These Guidelines apply to all members. Implementation of this policy is the responsibility of each individual member as overseen by the Chair of the Board. Failure by any Board member to adhere to these Guidelines to Open Meetings Law and Ethical Issues may result in cause for removal by the Town Board, after a public hearing as required by New York State Town Law §267. 1. What is an Open Meeting? A meeting that is subject to the Open Meetings Law is "the official convening of a public body for the purpose of conducting public business." See; Public Officers Law §102(1). A"public body" is "any public entity, for which a quorum is required in order to conduct public business and which consists of two or more members performing a governmental function for the state or for an agency or department thereof." The Open Meetings Law applies to all official meetings of the Zoning Board of Appeals unless the meeting qualifies as an executive session. Anytime the ZBA gathers for the purpose of conducting public business, the meeting must be convened open to the public, regardless of whether the ZBA takes action. The Open Meetings Law does not apply to social gatherings or chance meetings, even where some item of public business may be mentioned in passing. It also does not apply whenever less Page 2 of 3 January 8,2015 Southold Town Zoning Board of Appeals Guidelines to Open meetings Law and Ethical Issues(2015) than a quorum of the members of the ZBA get together, since no substantive public business may be done under those circumstances. 2. Who May Participate? An open meeting simply requires that notice be given to the general public and media so that they can attend, observe and listen as the public body conducts public business. Thus, at the ZBA's special meetings and work sessions, the public is not required to be given the opportunity to participate. However, when the ZBA is conducting a public hearing, it must permit the public the opportunity to speak on the particular application that is before the Board. 3. Executive Session An executive session is a portion of an open meeting where the public is excluded. Executive session is permitted in very limited circumstances set forth in the Open Meetings Law §105, if the matters to be discussed are as follows: • Will imperil public safety if disclosed; • May disclose the identity of a law enforcement agent or informer; • Relate to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; • Regard proposed, pending or current litigation; • Regard collective negotiations pursuant to Article 14 of the Civil Service Law; • Involve medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal, or removal of a particular person or corporation; • Pertain to the preparation, grading or administration of examination; and • Relate to the proposed acquisition, sale, or release of real property, or the proposed acquisition, sale or exchange of securities held by a public body, but only when publicity would substantially affect the value thereof. Additionally, it is well settled that the Board is permitted to convene an executive session for the purpose of obtaining legal advice from counsel. See, Shibley v. Miller, 212 A.D.2d 799, 623 N.Y.S.2d 283 (2d Dept. 1995). Procedurally, a motion must be made to go into executive session for a specific purpose and a majority vote of the membership present at the meeting must vote in favor of convening in executive session. Should the ZBA take official action during an executive session, it must record or summarize the action and the date and vote therein in its minutes. If no official action is taken, no minutes are required. 4. Ethical issues involved with and/or violations of the Open Meetings Law Page 3 of 3 January 8,2015 Southold Town Zoning Board of Appeals Guidelines to Open meetings Law and Ethical Issues(2015) To avoid the "appearance of impropriety" and violations of the Open Meetings Law, the following guidelines should be followed: • The merits and substance of applications should not be discussed (including email communications) between board members when a quorum (three members) or more of the members are participating. • Board members should not communicate, in any manner, with an applicant, an applicant's agent, consultants, neighbors, opponents, other officials and/or any other member of the public regarding the merits and substance of an application. If any of the above do communicate with a board member, the board member should recommend that the person write a letter to the ZBA and/or appear at the public hearing. • If Board members are attending site inspections together, any conversations/discussions should be limited to information gathering and there should be no discussion of the merits and substance of the particular application. If more than three members are attending a site inspection at the same time, a quorum will be present and the inspection will have to be noticed as a meeting and the rules of the Open Meetings Law will apply. Given the difficulties involved with having a public meeting on private property, this practice is highly discouraged. 5. Recusal If a Zoning Board member intends to recuse him or herself from consideration of any matter before the Board, either to prevent any perceptions of impropriety or to avoid a conflict of interest based upon a financial and/or personal relationship with any individual appearing before or applying to the Board, he or she should not discuss the merits of the matter with any other Board member. This policy was duly adopted by unanimous vote of the Zoning Board of Appeals of the Town of Southold on March 25, 2010 and duly re-adopted by unanimous vote on January 6, 2011, January 5, 2012, January 3, 2013, January 9, 2014, and January 8, 2015