Loading...
2006-139Ar -% 2006-139 y 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 Deleted: ance of Cor CADocument, and Setan�s\(,ma.�l AYYfNC.iE}t\I oc�l Settu2s\"I'empor�n Internet Files\CH_K1 A\Avoidance of Conflict Standards.doc (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 Deleted: c ance of Con C:\Documents and Set uns\Gina WAPPINCiInternet Files\OLl:ln\.Avoidance oi'Con}lict Standards.doc 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. Deleted: ance of Cor C ADocuments and Set tings\Gina.M!.A PP IN GERTocal Settings\'Femoorar Internet Files\O .I IA\Aeoidance of Conflict Standards.doc