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• December 16th is the deadline to submit maps for our Annual Conference • Scott presented the committee’s recommendation for the temporary
Map Contest. suspension of a member. The committee recently discovered that the
• Other news: Accountant is working on our tax filing; HQ continues to focus member’s name appears on the NY State Education Department’s Office
on Annual Conference Tasks; ESS November-December issue was sent out. of the Professions’ list of Summaries of Regents Actions on Professional
Misconduct and Discipline. As of February 8, 2021, the member agreed
• This year’s conference registration offers an insurance option (fee to the following penalty: 2 years stayed suspension, 2 years probation, and
reimbursement for cancellations). $2,500 fine. The member plead no contest to the charge of receiving fees
• Greg de Bruin asked whether we are due for an audit. Amber suggested from a third party in connection with his performance of professional services.
that this question be brought up with the Finance Committee and the This member is also the subject of a NYSAPLS Ethics complaint alleging
Executive Board. that the member stamped survey maps for firms that he was not an owner
• Richard Moravec asked about the Soldier to Surveyor Campaign. Amber of, or employed by. After a lengthy discussion, it was decided that the Ethic
Committee and Board shall proceed in full compliance with our Constitution
referred Rich to our website for more information. Rich volunteered to help and Bylaws Article II Section 3. First, the Ethics Committee shall send a formal
this program. Tim Massi (Young Professionals chair) referred Rich to Jason written findings statement to the Board advising of the charges.
Peterson for more information.
Article II Section 4- Expulsion or Suspension of Members
V. Committee Reports Upon written recommendation of three Regular Members that a member
(see meeting handouts for written reports/committee meeting minutes for may be expelled or suspended for causes set forth, the Board of Directors
further details) shall consider the matter and, if warranted, advise the accused member of
the charge set forth against him/her. He/she may appear before the Board
Annual Conference of Directors, in person or in writing within the next 90 days, to answer the
Ken Stigner, Chair charges. After hearing the accused or after 90 days, the Board may dismiss the
• Annual Conference will be at Turning Stone Resort and Casino January charge or, by two-thirds vote of the entire director-ship, may expel or suspend
18th-20th 2023. the accused member.
• Ken reported that registration levels are very similar to 2020 levels at this (a) Grounds for expulsion or suspension shall include, but not limited to:
time. Ken encourages Directors to remind their regional members to register. 1. Revocation of license
• Exhibitor registrations are down slightly from previous years. Some of our 2. Felony conviction
past exhibitors have merged. 3. Unauthorized acts per Article 130, Sub articles 3 and 4, N.Y. State
Education Law
• Classroom Sponsorships are available for $100 each. 4. Findings of an ethical violation by the Ethical Practices Committee
• The Education Committee was thanked for putting together some great Motion by Duane Frymire that upon the Board of Directors’ receipt
classes for upcoming Conference.
of the Ethics Committee’s findings statement and recommendation
Constitution & By-Laws letter, NYSAPLS President Roy Garfinkel is authorized to send a letter
Steve Willard, Chair to the accused member advising of the charge set forth against him/
• Some changes may be forthcoming relative to our Strategic Plan update. her and allow the accused to appear before the Board of Directors in
person or in writing within the next 90 days, to answer the charges,
DOT Relations (ad hoc) seconded by Scott Gillis, all in favor, none opposed, motion carried.
Roy Garfinkel reported for James Thew, Chair • Scott discussed a question brought to the Ethics Committee involving
• Jim Thew (also a PR Committee member) is representing NYSAPLS today whether a surveyor who lives year-round in Florida but maintains a
at the New York State School Counselors Conference in Albany. surveying practice in New York State, can legally stamp/sign survey
maps produced by his/her employees in NYS. How does the “under direct
• A little over a week ago DOT Official Mark Casellini of DOT’s External supervision” principal relate to this scenario? The Ethics Committee will
Affairs unit finally confirmed a meeting for December 7th with the seek guidance on this matter from State Ed Office of the Professions.
committee and other representatives of DOT.
Legislative
Education Emily Whalen reported for Jason Graf, Chair
William Eggers, Chair • Discussions began on merging Legislative Committee and DOT Ad hoc
• Bill thanked his fellow committee members for putting together great Committee into a new Government Relations Committee. This suggestion
classes for our upcoming Annual Conference. was referred to Constitution and Bylaws committee as this will eventually
• The committee has been discussing certification programs. One is the require an amendment of the Bylaws.
Certified Surveying Technician program sponsored through the National • The recent webinar on the new education requirements for LS licensure
Society of Professional Surveyors (NSPS). Committee has been discussing was successful and had positive outcomes. Some members of the SBELSG
whether to offer the exams at conference. were in attendance.
• The other program is the Certified Floodplain Surveyor certification • The former chair of the NY Assembly’s Environmental Protection
program. Massachusetts just sold out their training program. One is Committee Steve Englebright (a geologist and long time supporter and
coming up in New Jersey. Committee continues to explore interest and sponsor of NYSAPLS initiatives) did not win reelection.
administration. State Ed does not want to take it on. Bill asked Directors to
discuss with their regionals to gage interest. LS PAC
Amber Carpenter reported for Steve Boddecker, Chair
Ethical Practices • Current LS PAC balance is $6,420.70.
Scott Allen reported for David Zigler Chair • All were reminded to consider attending the LS PAC fund raising reception
• Scott discussed status of current open cases.
at Annual Conference on Tuesday night after the BOD meeting.
continued on page 26
EMPIRE STATE SURVEYOR / VOL. 59 • NO 1/ 2023 • JANUARY/FEBRUARY 25