Page 41 of 42
if it is falsely filed anyone can file a complaint with the ethics board and that board has the ability to fine Mr. Kafton and find him in violation of State law. He has had complaints filed against him in the past and it is his understanding they have been dismissed. That is the appropriate vehicle for that to be done not at a public forum because this is not a deposition of public officials. He has never seen a meeting like this because this is borderline defamatory. If someone feels that they have a legitimate case they can bring it to the Local Government Ethics Board, but if you file a false complaint you are subject to actions of defamation. He explained that a public microphone cannot be used to say defamatory things and he cautioned the Mayor that what he is hearing borders on liable or defamatory statements. Mayor Broderick stated he is going to shut down the microphone at this time and not allow Mrs. Rickabaugh to continue on because they are bordering on a legal case by defaming Mr. Kafton. He told Mrs. Rickabaugh to file charges like she has done in the past.
MRS. RICKABAUGH, 5 STANLEY PLACE: She stated that she hasn't defamed anyone, but she has asked questions and has been denied the answers.
YES: GIBLIN, REILLY, SEDA, KAFTON & BRODERICK
MAYOR BRODERICK: He explained that he has done his own research on this. The discussion agenda is going to be some kind of discussion whether it is from the body up here or participation from the audience. He will move the motion to move the discussion agenda prior to the public portion. However, he also is asking that in addition as Chairman of this meeting and under Robert's Rules they will add Closing Comments by the Committee at the end of the meeting. This is so that in case the Committee has decided there was something they couldn't get to at the beginning of the meeting they can bring it up at the end.
COMMITTEEMAN REILLY: He explained that one of the reasons he wants the discussion agenda before the public comments is to give the public the opportunity to dialogue with the Committee and to actually have questions answered by the Committee on issues brought up by the Committee and to get feedback from the public. His concern is by adding the Closing Comments at the end it still gives an opportunity to Committee Members to point to, mention or attack members of the public without having the public come back and dialogue. You will have the Committee in the position to answer remarks or say something to evade remarks that were brought to them.
MOTION TO MOVE DISCUSSION AGENDA BEFORE PUBLIC HEARING BY:
BRODERICK
MOTION SECONDED BY: KAFTON
YES: REILLY, SEDA, KAFTON & BRODERICK
NO: GIBLIN
CONCLUSION: The Discussion Agenda will be moved prior to the Public Portion.
MAYOR BRODERICK: He explained that the Committee Members all have a calendar of events for the calendar year 2005. He asked if anybody has any concerns or comments? Committeeman Seda stated he had a question regarding September 11th for Jackson Day. He stated that is a day of celebration in Jackson and out of respect maybe it should be moved. Committeeman Giblin stated that Jackson Day is on September 10th and the rain date is on the 11th. Administrator Salerno added that it was moved to that weekend because of the fireman's convention.