MINUTES
GOVERNMENT OPERATIONS COMMITTEE
MARCH 8, 2005          2:30 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present:  M. Lane, Chair; G. Totman; D. Kiefer; K. Herrera; D. Booth
Staff:   C. Covert, Clerk of the Legislature; S. Whicher, County Administrator; J. Wood, County Attorney; J. Kippola, Administration; D. Squires, Finance Director

Called to Order

    The meeting was called to order at 2:36 p.m.

Changes to Agenda

    There were no changes to the agenda.

Annual Financial Disclosure Form

     Mr. Wood briefly reviewed his recommendations in changing the form as requested by the Committee at the last meeting.  The question concerning investments has raised many questions and concerns in the past and has been interpreted differently by different employees.  He hopes the proposed changes he is recommending will provide clarity.  He also noted the section pertaining to values was eliminated as he feels the amount of an investment is not significant. 

    Ms. Kiefer said this is one of the sections the Ethics Advisory Board discussed and also felt should be revised.  However, one concern she has with Mr. Wood's recommendation is the last sentence: "If the investment is not held by you, but is held by your spouse, household partner of child under 18 years of age, the investment must be disclosed only if it may impose a conflict of interest in performance of your duties."  She feels this should not be left up to the individual filling out the form and recommended the sentence be deleted.  Following a brief discussion, the Committee agreed with deleting it. 

    Ms. Herrera raised a question and asked for clarification on what "investment description" means and that it does not require the value be disclosed only the name of the company.  A brief discussion followed and the Committee agreed to change the heading. 

    Further discussion followed and it was the consensus of the Committee to approve the recommended changes.  It was also unanimously adopted by voice vote to approve the form and submit it to the full Legislature for approval.  All changes are reflected in the form submitted to the Legislature for consideration.

Code of Ethics

    Mr. Lane reviewed briefly some of the questions raised at the Legislature meeting when this item was presented.  One of the areas of concern was the section pertaining to matters to be disclosed including Commitments/Allegiances being too vague and the filing requirements by advisory board members.    Ms. Kiefer said she listened to the tape of the Legislature meeting and she could not understand why questions were raised concerning the disclosure requirements by advisory board members as they are not required to fill out the Financial Disclosure form. 

    A question was raised concerning the paragraph entitled "Investments in conflict with official duties" and the Committee agreed to revise the language for clarification as reflected below:

C. Investments in conflict with official duties. No official or employee of the County of Tompkins shall invest in or hold any investment directly or indirectly in, any financial, business, commercial, or other private transaction that creates a conflict with official duties.  If any official or employee hold any such investment they are required to disclose the same.

    Additional discussion followed concerning the Ethics Advisory Board powers and the Committee agreed the Ethics Advisory Board should have the power to conduct investigations and assess a civil penalty.  Ms. Kiefer said the Ethics Advisory Board felt the responsibility for assessment of a civil penalty should be with the Legislature rather than the Ethics Advisory Board.  The revised language as agreed by the Committee is reflected in the paragraph below:

"The Ethics Advisory Board shall have the power to conduct investigations and to refer specific offenses to the County Legislature for the assessment of a civil penalty to enforce the provisions of the Code."

The Committee also agreed to add the following language to the penalty section as it felt the Code should outline where the penalty is payable: "Civil penalties shall be payable to the County of Tompkins".

    Mr. Lane asked Committee members their feelings with having the Code of Ethics apply to advisory board members.  Following a brief discussion, it was felt advisory board members should be included.  However, it was noted that advisory board members will not be required to file Financial Disclosure forms. 

    Committee members discussed having timelines for when complaints are responded to or at the conclusion of the evidentiary phase.  Members agreed that once a decision is made there should be a specified timeframe for releasing the decision and suggested adding the following paragraph:

(7)  Written decision rendered.  It is the intent of the Ethics Law that complaints be resolved promptly and therefore a written decision should be forthcoming within 90 days after the conclusion of the fact-gathering process. 

County Administration

    Resolution
    It was MOVED by Mr. Totman, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve and submit the following resolution to the full Legislature for approval:

RESOLUTION NO.      - AMENDMENT OF RESOLUTION NO. 259 OF 2004 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX ROLL CORRECTIONS AND TAX REFUNDS UNDER $2500
    WHEREAS, the County Administrator is required to transmit reports of all corrections and refunds processed on a monthly basis, and
    WHEREAS, the Government Operations Committee requests the reports be prepared on a quarterly basis rather than monthly, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator shall transmit a report on a quarterly basis of all the corrections and refunds processed to the appropriate program committee of the Legislature,
    RESOLVED, further, That this resolution shall only be in effect during the calendar year 2005.
SEQR ACTION:  TYPE II-20
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    Reorganization
    Mr. Whicher began by distributing copies of previous job descriptions for Deputy County Administrator and explaining the history of the position.  At the next meeting, he will be requesting the position of Deputy County Administrator be filled. 

    Mr. Totman raised concerns that he feels the Legislature has not been made fully aware of the County Administration's reorganization and the hiring of staff for a particular job and later given other responsibilities.  Mr. Whicher strongly disagreed with Mr. Totman's characterization and feels the Committee and Legislature has been given sufficient knowledge and information.

    Mr. Lane said there are two proposals being discussed:  one is the filling of a Deputy County Administrator and another is the creation of a dual Commissioner of Planning and Public Works position.  There was some discussion concerning process and if the two proposals should be considered together or separately; no decision was made. 

    At this time, the goals, objectives, and job descriptions were reviewed and discussed.  Ms. Herrera asked if a Departmental organization chart could be provided; Mr. Whicher agreed to do so.

    Mr. Lane requested the discussion concerning the proposal for a dual Commissioner of Planning and Public Works be placed on the agenda for the next Committee meeting as well as the cabinet structure and how that functions. 

Resolution - Designation of Successors - Legislators

    It was MOVED by Mr. Booth, seconded by Ms. Herrera, to approve and submit the following resolution to the full Legislature for approval.  Ms. Kiefer expressed concern with including the Vice Chair of the Legislature in the list and said she would like it to be closer in line with Legislators having seniority; however, she was not prepared at this meeting to provide a list.  Mr. Totman said he does not understand the reason for having to do this as he feels the Legislature should elect a temporary chair when the need arises.  Mr. Booth reminded the Committee this is done so if there is a need and the Legislature is unable to convene and elect a temporary chair.  A voice vote resulted as follows:  Ayes - 3 (Lane, Booth, and Herrera); Noes - 2 (Kiefer and Totman).  RESOLUTION CARRIED.

RESOLUTION NO.     - APPROVAL OF SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR

    WHEREAS, Section 2.05 of the County Charter, specifies the succession of members of the Legislature be designated annually by resolution to serve in the absence of the Chair and Vice Chair, and
    WHEREAS, the Government Operations Committee recommends the chairs of standing committees be designated, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the following order of succession of County Legislators be approved to serve in the absence of the Chair and Vice Chair:
Chair, Budget and Capital Committee
Chair, Public Safety Committee
Chair, Government Operations Committee
Chair, Facilities and Infrastructure Committee
Chair, Health and Human Services Committee
Chair, Planning, Development and Environmental Quality Committee
SEQR ACTION:  TYPE II-20
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    Mr. Totman was excused at this time.

County Administration

    New York Municipal Insurance Reciprocal (NYMIR)
    Ms. Kippola distributed a spreadsheet showing the cost comparisons between the County's current broker (Ithaca Agency) and New York Municipal Insurance Reciprocal (NYMIR) for the insurance the County currently holds.  NYMIR's quote for a one-year rate is $436,556 and the Ithaca Agency's rate is $356,666.    Ms. Kippola concluded and the Committee agreed that the County's agency offers the best option.  She said she would continue looking at this to make sure the County is receiving the best rates.

    Contracts Policy
    The Committee briefly reviewed the policy and Ms. Kiefer suggested and the Committee agreed to the clarifying language she recommended. 

    It was MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve and submit the contracts policy to the full Legislature.  POLICY CARRIED.

2004 Report from the Community and Consumer Affairs Committee

    This item was deferred to the next meeting.

Meeting Schedule

    The Committee decided that two meetings per month were necessary and agreed to meet the third and fourth Wednesdays of each month at 2:30 p.m.

Approval of Minutes

    It was MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the minutes of the January 19, 2005, meeting as corrected.

Adjournment

    The meeting adjourned at 4:22 p.m.

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