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I was wondering if you would comment on this excerpt from a past Town Board meeting.
Was this done correctly? And if not, what information is missing to be considered ‘open’.
April 10, 2024
Executive Session: Upon a majority vote upon a motion that identifies the subject to be considered, the Council may conduct an executive session to discuss any of the issues identified as proper by Public Officers Law 105(1). The underlined is included on every agenda.A motion was made Supervisor (omitted) and seconded by Council Member(omitted) to go into executive session for [D] discussion regarding litigation, [F] matters pertaining to the employment history of a particular person, and discussion on open seat candidate at 7:03 p.m.
All in favor. Motion carried.
Attorney (omitted) was invited into executive session.
Attorney (omitted) left executive session at 7:38 p.m.
A motion was made by Council Member (omitted) and seconded by Supervisor (omitted) to come out of executive session at 8:11 p.m.
All in favor. Motion carried.
A motion was made by Council Member (omitted) and seconded by Council Member (omitted) to appoint (omitted) to the Town Board for the remainder of the year.
All in favor. Motion carried.
A motion was made by Council Member (omitted) and seconded by Council (omitted)
Taillon to adjourn the regular board meeting at 8:12 p.m
The agenda language you provided is OK, as it is simply informing the public that an executive session motion may occur.
An executive session motion “regarding litigation” is not sufficient under the Open Meetings Law. The name of the lawsuit or litigation being discussed should be stated in the motion.
If the board is simply receiving an update regarding the status of a lawsuit that can and should occur in public.
An executive session motion regarding the “employment history of a particular person” is minimally acceptable under the law. It still leaves the public in the dark, and it would be helpful to at least let the public know that this is in regard to hiring someone, disciplining someone, promoting someone etc.
The executive session motion for “discussion on open seat candidate” is improper under the Open Meetings Law. It is not appropriate to discuss the filling of an elected board position in an executive session.
Filling a public position is not the same as discussing the hiring of other positions.
These are great questions that you have asked.
Attached is a report we did regarding executive sessions, which you may find helpful, along with opinions by the NY Committee on Open Government.
Also attached is a copy of a letter that we sent out to public boards that have discussed filling a vacant board position in an executive session.
New York State Committee on Open Government Opinion
Ulysses Town Board Vacancy Letter
Report: School Boards Across New York State Hold Improper Executive Sessions