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Untitled GERALD A. VERGILIS* KENNETH M. SlENGER ALBERT P. ROBERTS THOMAS R. DAVIS LOUIS J. VIGLOTTI JOAN F. GARRETT** EMANUEL F. SARIS VERGILIS, STENGER, ROBERTS & DAVIS, LLP AITORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 e-mail: info@vs!Jl.com LEGAL ASSISTANT: AMY E. DECARLO CLOSING COORDINATOR: SUSAN E. CAFFINE KAREN P. MacNISH KEVIN T. McDERMOTT ANGEL I. FALC6N ANTHONY M. DEFAZIO JAMES P. HORAN POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE. NY 12601 (845) 452-1046 *ADMI1TED TO PRACTICE IN NY & FLA. **ADMI1TED TO PRACTICE IN NY & CONN. NEWBURGH OFFICE 299 N. PLANK ROAD. SUITE 106 NEWBURGH. NY 12550 (845) 567-3783 April 12, 2006 Hon. Joseph Ruggiero Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Standard for Avoidance of Conflict of Interest or Appearances Thereof Dear Honorable Supervisor Ruggiero: In furtherance of our recent conversations on the subject, I am pleased to enclose a formal document which embodies standards which will be employed by this law firm for the purpose of avoiding either the appearance of, or an actual, conflict of interest created by its representation of the Town of Wappinger and other clients. This document embodies the standards of the law firm which existed prior to its drafting. However, the process of reducing those standards to a writing provided a focus on the issue. The document, as presented, contains a far more specific process than that which we, as a law firm, have previously employed to deal with this issue. I would ask you to review the standards covered by this letter and direct any questions you may have with respect to the same to me. If it is desired, this law firm will meet with the Town Board to be certain that we are all on the same page with respect to what is intended by this document and to be certain that any additional concerns expressed by any member of the Town Board are addressed within it. I remain, Respectfully, _ ~ VE~~;/~ER:~~)MVIS, LIJ' 7' ~'/ .,';/ ~Lq./cc:./ // /~ RALD A. IL ,. GA V/alk / / Enclosure / O:\Wappinger\Confli 41206-1t to Joe Ruggiero re conflict.doc - 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 this 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 Supervisor may request the firm to withdraw from its representation of the Town in the matter; or - - - .. .. (ii) the Town Supervisor 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 ofthe Town Supervisor, as authorized by the Town 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 .. .. - - (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 client of this law firm shall have its interest advocated before the Town or any of its Administrative Boards by counsel other than this law firm, this law firm will withdraw its representation of the Town or its Administrative Board, as the case may be, and the Town will appoint other counsel to represent its issue in connection with the matter. E. The fact that this 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. 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 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. - - - .. .. .. .. .. ..