Ethics Codes in Motion

Deerpark and the Village of Warwick are revising their ethics codes.

Ethics codes are being revised in the Town of Deerpark and Village of Warwick, and both municipalities will soon appoint ethics committee members. Gina Scutelnicu Todoran, Professor of Public Administration at Pace University, was asked how the appointment of ethics board members by municipal council members or trustees, as is the protocol, could result in effective oversight. How can the officials who are to be monitored choose their monitors? Todoran explained what are considered best practices.

“The way you recruit people from the community is important. No member should be an elected official,” she said. “You want someone with knowledge of the issues and ethics, maybe someone who serves on a professional board.”

She also suggested the possibility of appointing a lawyer. “But what’s unethical may be legal. It’s about morality. The question is, does the municipality want to be transparent or just make decisions as usual? Conflicts of interest arise with ethics board members who also serve as elected officials,” she said. “What works best is to appoint someone with no stakes other than being a community resident. The board should be objective and have an advisory role. The ethics code could raise awareness that fraternal relationships are discouraged for ethics board members.”

New York State provides frequent trainings for ethics board members, and state provisions regulate local ethics boards, but whether those provisions are followed when complaints arise can vary, Todoran said. “Sometimes ethics codes are buried on the municipal website.”

Evaluating the current Town of Deerpark ethics code, adopted in 2000, she pointed out that three has been the minimum number of members required.

“I think five to seven members is a better representation, but three is better than none,” she said, considering the size of Deerpark’s population and the numbers of members on other municipal boards. “The planning board has nine members, so the ethics board should have at least five to seven,” she said

What particularly roused her concern was this provision on the ethics code:

“The Board of Ethics shall include at least one member who is an elected or appointed municipal officer or employee of the Town.”

“This looks fishy to me,” she said. “There’s no information about the ethics board on the website, no members listed, unlike the planning board. It shows that the ethics board is not active.”

The existing Deerpark Code of Ethics is on the internet but not on the town’s website. Todoran compared Deerpark’s lack of website information to Westchester municipal websites.

“They provide ethics codes, and all members have town emails,” she said.

Gina Scutelnicu Todoran, Professor of Public Administration at Pace University. Contributed photo

However, since Todoran scrutinized the website in early April, the ethics board has appeared on the Town of Deerpark website with one name and this direction: Questions or comments to the committee should be e-mailed to ethics@townofdeerparkny.gov.

Recently elected Town Board Member Christa Hoovler has led a revision of the Code of Ethics. It was discussed at the April 1 Deerpark Town Board meeting and will be voted on at the May 6 meeting.

“I recommended an update of the existing ethics code because there’s research and training through the state on recommended policies,” said Hoovler. “We decided on having five members,” and she suggested that those would not include a public official.

Also changed was the requirement for new town employees to sign a form confirming that they had received the policy.

“Now, you’ve been provided with the policy and are expected to follow it,” Hoovler said.

Village of Warwick ethics code rethinking

Meanwhile, in the Village of Warwick, concern about their code of ethics has also surfaced.

“We see incidents in neighboring communites, so we thought it was important to revise our code,” said Village Trustee Tom McKnight. “We’ve been talking about it for a long time. You have well intentioned elected and appointed officials. Still, it’s important to have accountability and recuse oneself if there’s a conflict of interest. It seems like common sense, but it’s good to spell it out.”

The proposed ethics code is on the Village website under Important Notices, and the draft underwent several work sessions with a lawyer, McKnight said.

According to the proposed code, “There is hereby established a Board of Ethics consisting of five members to be appointed by the mayor and approved by the Village Board of Trustees, including designation of the Chairman. . . . Members of the Board of Ethics must reside in the Village of Warwick and shall serve without compensation and at the pleasure of the Village Board.”

According to the current ethics code, adopted in 1970, “A majority of such members shall be persons other than Village employees but shall include at least one member who is an elected or appointed Village employee of the Village of Warwick.”

However, McKnight says that the new ethics committee will not include village employees. The five members will serve staggered five-year terms, so their terms expire on different years. A public hearing on the proposed ethics code will be held on May 6.

Community focused news can only succeed with community support. Please consider the various subscription levels.