2006-139Ar -%
2006-139
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Resolution Accepting Conflicts Policy with Respect to Law Firm's Employed by the Town
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on May 22nd
2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina (arrived at 7:37 PM)
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Paoloni.
WHEREAS, Albert P. Roberts, a partner in the firm of Vergilis, Stenger, Roberts &
Davis, LLP, has been duly appointed Attorney to the Town, to provide various legal services to
the Town as delegated by the Town Board; and
WHEREAS, Marco Caviglia of the law firm of Marco Caviglia, Esq., has been
appointed special counsel to the Town Board to provide legal services to the Town as delegated
by the Town Board; and
WHEREAS, Albert P. Roberts and Marco Caviglia have jointly prepared and submitted
standards and procedures to avoid conflict or the appearance of conflict between the law firms
and their respective representation of the Town or any of the respective law firms' other clients;
and
WHEREAS, the proposed standards shall be applied in the context of any factual
circumstance for the purpose of achieving said goals.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The standards and procedures set forth in the "Avoidance of Conflict Standards"
Memorandum attached hereto and made part hereof marked and designated Exhibit "A",
are hereby accepted by the Town Board as the standard for determining any conflicts of
interest between the Town's legal counsel and any other client's of the law firms
representing the Town.
3. Any law firm presently or in the future employed by the Town Board must agree to abide
by the standards and procedures set forth in the "Avoidance of Conflict Standards"
Memorandum attached as Exhibit "A".
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR Voting: AYE
ROBERT L. VALDATI, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
Dated: Wappingers Falls, New York
5/22/2006
The Resolution is hereby duly declared adopted.
HN C. MAS ERSON, TOWN CLERK
Dated: Wappingers Falls, New York
5/22/2006
The Resolution is hereby duly declared adopted.
HN C. MAS ERSON, TOWN CLERK
AVOIDANCE OF CONFLICT STANDARDS
The standards and procedures set forth in this document are intended to eliminate
any inadvertent appearance of, or actual conflict, between the law firm in its
representation of the Town and any of its other clients. These standards shall be applied
in the context of any factual circumstance for the purpose of achieving that goal.
A. No member of the law firm will appear or advocate on behalf of any client
of the law firm before the Town or any of its Administrative Boards.
B. The law firm will disclose any interest that any of its clients may have in
any application before the Town or any of its Administrative Boards as soon as it shall
become aware of such an interest. It shall do so in writing to the Town Supervisor and
the Chairman of any Administrative Board involved in the application. After reviewing
the disclosure;
(i) the Town Board may request the firm to withdraw from its representation
of the Town in the matter and the Town will appoint.other counsel to represent it in
connection with the matter at the cost and expense of the applicant or other party; or
(ii) the Town Board may waive any such conflict, as disclosed, and instruct
the law firm to continue in its representation of the Town.
C. No member of the law firm shall negotiate, draft, or otherwise participate
in the formation of any contract between the Town and any client of the law firm except
upon the written authorization of the Town Supervisor, as authorized by the To, sm Board,
and
(i) a signed statement from the client of the law firm that he, she or it is
proceeding in the contract without the representation of the law firm; or
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(ii) the client retaining other counsel in the matter and the delivery of a written
statement from the client waiving any conflict.
D. In the event that any current client of the law firm shall appear or have its
interests advocated before the Town or any of its Administrative Boards by counsel other
than the law firm, the law firm shall report the matter to the Supervisor and the
Administrative Board; the Supervisor and the Administrative Board will determine if the
circumstances require the appointment of other counsel. Under no circumstances will the
law firm render any legal opinion on the merits of the matter, other than ministerial or
procedural matters not applicable to the merits. The Supervisor and the Administrative
Board shall either declare that other counsel shall be obtained or expressly waive, for the
record, any potential conflict.
E. The fact that the law firm may represent any client in any matter not
directly involved in an application or dispute before the Town or any of its
. Administrative Boards shall not, on a per se basis, be deemed an impermissible conflict
which shall require that the law firm to withdraw from its representation of the Town in
the matter. That circumstance, however, shall require the disclosure required by
paragraph "B" above.
F. Neither the Town Attorney nor any member of the law firm with which he
is associated shall represent any Town Board member or candidate for a Town Board seat
in any action, special proceedings, election proceedings or litigation involving the Town
election process.
G. Nothing herein shall preclude any member of this law firm from
participating in any work, on behalf of its client, with the Town, or any of its
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Administrative Boards, which shall be ministerial in nature. Such work, by way of
example and without limitation, may constitute the drafting of easements, grants, bonds,
and other documents commonly associated with the filing of a subdivision plat provided,
however, that the format for preparing such documents shall conform to the standards
previously established by Town professionals.
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