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CITIZEN ADVOCACY PANEL (CAP)

Brooklyn District Meeting Minutes

Date: November 16, 2000

Time: 6:10-9:40 PM

Location: 10 MetroTech Center, 625 Fulton Street, 6th Floor, Brooklyn, NY 11201

Panel Members Attending:

  • Horace Aiken
  • Kristen Bailey, DFO
  • Anthony Fandozzi
  • Laura Greenberg
  • Burton Kahn
  • Edward Maher, Vice-Chairperson
  • Matthew Mihovich
  • Ethel Richards

IRS Staff Attending:

  • Eileen Cain, CAP Manager
  • Noemi Gonzalez, CAP Secretary
  • Gita Hecht, CAP Analyst

Absentees:

  • Mercedes Cintrón
  • Jim Montes, Chairperson
  • Marie Nahikian
  • John Rotondi

Guests:

  • George Deller
  • Gloria Goldberg
  • Steve Nickles, IRS Oversight Board (with his daughter)

Public Attendees:

  • None

Opening of the Meeting

Vice-Chairperson Maher opened the meeting at 6:10 PM. He introduced Steve Nickles of the IRS Oversight Board to the panel. Mr. Nickles explained the function of the board and indicated that he is here to listen and learn. He represents the American public. He wants to know what problems CAP has experienced and to see if they are being heard. He indicated that he is personally very supportive of CAP.

Review of November 2, 2000 Minutes

On a motion made by Panel member Mihovich and seconded by Panel member Greenberg, the Panel members accepted the November 2, 2000 minutes as amended.

Approval of 2001 Meeting Calendar

Vice-Chair Maher read comments submitted by panel member Cintron. A copy of her comments are attached and are an integral part of the minutes. Panel member Mihovich indicated that he wants to add three additional meetings to the draft schedule. Panel member Fandozzi indicated that he was strongly opposed to adding more meetings to the schedule. There was discussion of the need to get work done vs. the need to schedule meetings at reasonable intervals. Panel member Richards indicated that she believed that the panel was not taking into consideration the sub-committee meetings; a lot of the work is done there. She also indicated that the panel should alternate days of the week, in case a particular day of the week is a problem for anyone. Everyone agreed, but indicated they did not want to include Mondays. It was decided to go through the dates, one by one. After a discussion of all dates, a new calendar was proposed. There was still some lack of agreement but it was noted that dates could always be revised later. The staff will type the new calendar and distribute it to all panel members.

Small Business Mailers

The panel reviewed two samples presented by the staff. The panel decided to go ahead and print the one with the larger CAP logo. They further agreed to mail them out to the 1500-2000 small business owners on the Brooklyn list of new small business owners. DFO Bailey mentioned that there is also a list for advanced Small Business Workshops. The panel requested that the staff look into obtaining that list for a future mail out. Panel member Richards also suggested putting them in the packages given out at the workshops. The panel agreed with this idea and requested that the staff look into this.

Request from Notices & Forms

The CAP Manager informed the panel that she received a call from Notices & Forms. Jay Duffy, who had attended one of our meetings, is trying to set up a procedure to be used in soliciting input from the panels on notice changes. He requested input from the panel on a procedure. The panel agreed on the following:

  • Material to be sent to CAP office
  • CAP staff will be responsible for sending out to panel and collecting and returning panel’s input
  • Panel wants a 60 day timeframe to respond
  • Panel wants feedback on the results of their suggestions.

Panel member Mihovich asked about getting feedback on the panel’s input on dual notices and on the "final notice" for collection due process. Staff to follow up on these two issues.

Practitioner/TP Suggestion Prioritization

Panel member Greenberg indicated that the committee discussed a system for prioritization of the issues that have been suggested to the panel. There are currently 19 that were sent in, plus two from the practitioner who attended a panel meeting. Panel member Greenberg distributed a list of six criteria that the subcommittee suggests using to prioritize issues. A copy of the list is attached and is an integral part of the minutes. After discussing the list, the panel agreed to the criteria. Panel member Greenberg indicated that the committee will meet on Tuesday to review the proposals and prioritize them, using the criteria.

Panel member Mihovich indicated he wanted the panel to consider making some changes to the initial contact letter that the staff is sending out to taxpayers/practitioners making suggestions. The subcommittee agreed to review the letter and his suggested changes and develop a revised letter.

Issues Presented by Treasury

The agenda listed five items to be discussed: commitment of hours; expanded areas; extend service for one year; recruitment of new members; code of conduct. There was extensive discussion of these issues.

  • Concerning area: the consensus is to cover the "Metro NY" area which was defined to include the 5 Boroughs plus Nassau and Suffolk Counties.
  • Concerning membership, Vice-Chair Maher indicated he saw a need for "new blood" on the panel to re-vitalize it. The consensus is to add two additional panel members in addition to recruiting to replace any members who decide not to remain for an additional year.
  • Concerning commitment, the panel used the suggestions submitted by panel member Greenberg as a starting point for discussion. A copy of these suggestions is attached and is an integral part of the minutes. The panel agreed with this document with some modifications. Following is a list of suggested changes. Panel member Greenberg will modify the document and present it at the next meeting. Changes to "commitment required of each panel member":
    • Item #1-take out reference to Brooklyn-change number of meetings to approximately 16.
    • Item #3- add "if possible" to allow flexibility for those whose jobs do not allow for them to take the time off
    • Item #5-change respond timely to acknowledge all requests
  • Item #6-add "whenever possible"

It was noted that these commitments are intended to both inform potential new members and for current members to re-commit themselves.

  • Concerning the recruitment of new members the panel agreed to the following:
    • Requesting two additional members in addition to replacement of any members who do not continue
    • Panel members do not want to participate in any recruitment efforts. There was a strong opinion among members that this would be inappropriate.
    • Panel members would like for a panel member(s) to be present at interviews. They would want to be mostly in the background; be available to answer any questions about how the panel works; to maybe ask a question or two; to give feedback to the interview panel of their impression(s).

Concerning the Code of Conduct, the panel agreed with the suggestions presented by panel member Greenberg with the following changes:

  • Item #2: CAP Manager advised the panel that only Treasury has the authority to remove a panel member. CAP Manager will provide the panel with Treasury guidelines and they will amend this item to conform with the guidelines.
  • Item #2a: changed to read 5 or more absences within a 12 month period
  • Item #2c: panel member Greenberg will work on rewording this item to clarify it.
  • Panel member Fandozzi suggested adding an item 2d to develop a procedure for implementing action if a panel member is in violation. After discussion, it was determined that this should be under a separate section relating to "procedures" and it will be included there.
  • Item #3: remove reference to receiving meeting agenda
  • Item #4: add "when appropriate"
  • Item #5: move to procedures section
  • Item #6: move to procedures section

Panel member Mihovich suggested adding a statement such as: "conduct yourself in a professional manner". It was agreed that this would be included. It was also agreed to add under procedures Vice-Chair Maher’s list related to Town Hall meetings. The staff will provide a copy of the list.

Adjournment

Panel Member Aiken made a motion to adjourn. Panel member Fandozzi seconded the motion. The meeting adjourned at 9:40 P.M.

Attachments:

  • Panel member Cintron’s comments on the calendar.
  • Criteria for prioritizing taxpayer proposals.
  • Panel member Greenberg’s comments on panel members’ commitments and code of conduct.

The Panel members accepted these minutes on December 8, 2000.

I hereby certify that, to the best of my knowledge, the foregoing minutes are accurate and complete.

 

Edward Maher, Vice-Chairperson

Brooklyn District Citizen Advocacy Panel