CARMEL – The Putnam County Legislature voted Tuesday night to amend the county’s Code of Ethics prohibiting the disclosure of confidential materials.
By a vote of 7-1 with Legislator Nancy Montgomery casting the lone dissent and Legislator Carl Albano absent due to a death in his family, the amendment that classifies confidential material as “any record created by or any communication to and from the Putnam Law Department, legislative counsel or outside counsel or consultant retained by Putnam County shall presumed to be confidential material even it not explicitly designated as ‘confidential’ was approved.
Legislator Neal Sullivan of Mahopac who chairs the Rules, Enactments and Governmental Relations Committee, where the matter was discussed last month, told his colleagues and some 50 people in attendance, “Improper disclosure of confidential material can be damaging to individuals and preclude government from carrying out its duties.”
Legislator Montgomery questioned the rationale behind the urgency in getting the Code of Ethics amended. “I’d like to see this return to committee for a full and open dialogue and discussion.”
Sullivan responded that discussion regarding the confidentiality question had already been discussed and debated for months.
Montgomery said she researched minutes from previous meetings and “nowhere did I find an item on any agenda for a local law dealing with confidentiality.”
Sullivan said “This item was tabled in April for additional research. Now we vote!”
“What is the rush?” Montgomery questioned. “The public has not spoken.”
Sullivan moved the question ending discussion and the vote was taken.
During public comment at the conclusion of the hour-long discussion, the lawmakers got an earful.
Rebecca Swan of Carmel called the vote “shameful” and blamed the Republican Party for making “Putnam County a place where the sun no longer shines. Putnam residents deserve better.”
The current makeup of the legislature is 8-1 in favor of the GOP.
Scott Reing of Mahopac described the action taken as being “ignorant and naïve. Local municipalities cannot supersede state law. This is unconstitutional.”
Connor Brennan of Cold Spring charged the legislature had made “not confidential information confidential. This is not what a democracy looks like. To take this action a few days before America’s Independence Day is shameful.”
Kathleen Foley of Cold Spring also sharply criticized the lawmakers for failing to delay the vote. “The public has not had reasonable time to review the resolution. The legislature failed to make clear why the local law was necessary given the strict requirements of state and federal open meetings laws.” Foley charged the affirmative vote will result in “leading residents down a perilous path. This is arbitrary and capricious and will not stand when challenged. You are sinful!”
Marcia Waldman of Mahopac asked the lawmakers, “What are you covering up? People of this county will not be fooled.”
Jennifer Colamonico forecast that the local law will be “challenged under standing federal and state open meetings laws as well as New York State case law. Why would you choose to place the county and its taxpayers in a precarious legal position that will surely lead to expensive legal challenges?”
Legislature Chairman Joseph Castellano said the new law protects confidential material that “could interfere with criminal investigations or judicial proceedings as well as identifying a confidential law enforcement source.”
The chairman said the updated code now protects the “unwarranted invasion of personal property while protecting collective bargaining negotiations as well as security information technology assets and external audits.”
