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Thread: Open Government Law’s Sunshine Week

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    Open Government Law’s Sunshine Week

    The following correspondence was submitted to the Town of Lancaster for its consideration.

    March 13, 2023
    To: Lancaster Town Board / Clerk
    Re: Town Board Meeting Agenda Protocol


    Honorable Members:

    This is Open Government Law’s Sunshine week where the public celebrates its ability to comment on the robustness of their laws on freedom of information and open government which are essential to enlivening democracy and stopping the ability to advocate for change.

    The Town of Lancaster is to be commended for the advances it has made in technology over the years to provide a website that presents today’s and archives of past open and transparent government activities. Its FOIL system is top rated and the addition of live streaming its Town / Planning / Zoning / LIDA meetings allows residents unable to personally attend meetings to view the meetings then or at their discretion.

    Two observations and suggestions that would further embellish openness and transparency:

    1. With the premeeting work sessions moved from the antechamber to the main meeting room, allowing full public access, the town should consider informing the public that the meeting officially begins at 6:30 pm where committee reports are more wide-ranging and definitive than those presented at the regular meeting.

    2. Could the public be apprised of the Executive Session agenda items. In the past the pubic were informed of the nature of the items and informed if there was an item of interest they could remain in the room to hear if any action was taken on the item, and the particulars. Unless action was taken, it is well understood no particulars would be given.

    At the recent town board meeting it was simply announced that there were seven Executive Session matters to be covered. The public has a vested interest to hear whether any of the agenda items concerned settlement of union contracts, new dog shelter project closure and grant receipt, etc. It would give the public an option of remaining behind to hear if any ‘action was taken.’

    Lee Chowaniec

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    Member gorja's Avatar
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    Quote Originally Posted by Lee Chowaniec View Post

    At the recent town board meeting it was simply announced that there were seven Executive Session matters to be covered. The public has a vested interest to hear whether any of the agenda items concerned settlement of union contracts, new dog shelter project closure and grant receipt, etc. It would give the public an option of remaining behind to hear if any ‘action was taken.’

    Lee Chowaniec
    105. Conduct of executive sessions.
    1. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session for the below enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public moneys:
    a. matters which will imperil the public safety if disclosed;
    b. any matter which may disclose the identity of a law enforcement agent or informer;
    c. information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
    d. discussions regarding proposed, pending or current litigation;
    e. collective negotiations pursuant to article fourteen of the civil service law;
    f. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;
    g. the preparation, grading or administration of examinations; and
    h. the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.


    At the March 6th town board meeting Supervisor Ruffino stated that the purposes of the seven sessions were -

    2 fall under #1 which would be 'a' I assume
    2 fall under #8 which would be 'h' I assume
    1 falls under #2 which would be 'b' I assume
    1 falls under #3 which would be 'c' I assume
    1 falls under #4 which would be 'd' I assume

    Please correct me if I'm misunderstanding the executive session purposes

    Georgia L Schlager

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    Quote Originally Posted by gorja View Post



    At the March 6th town board meeting Supervisor Ruffino stated that the purposes of the seven sessions were -

    2 fall under #1 which would be 'a' I assume
    2 fall under #8 which would be 'h' I assume
    1 falls under #2 which would be 'b' I assume
    1 falls under #3 which would be 'c' I assume
    1 falls under #4 which would be 'd' I assume

    Please correct me if I'm misunderstanding the executive session purposes[/COLOR]
    Thank you Gorga for clarifying the new manner whereby the Supervisor announces the board’s Executive Session agenda. I had had existed the meeting live stream before the Supervisor presented the Executive Session agenda at the close of the meeting.

    Where I had commended the Town in my letter for its endeavor to bring openness and transparency, this ‘new’ format detracts from that purpose. We will be kept in the dark as to the true nature of the agenda’s subjects and the ‘purpose’ of the Executive Session meeting.

    If indeed ‘no action’ can always be assured, why even bother announcing the meeting and disclosing it’s content in a coded manner? This is an unwelcome change!

    As you seem to understand the purpose of the Executive Session, Gorga, please tell us why the public should give a rat’s ass when it knows nothing that will be considered at the Executive Session, it’s outcome, or if a subject matter of interest to them is never reported on in a regular town board meeting, or anywhere, gets discussed.

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    Member gorja's Avatar
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    Quote Originally Posted by Lee Chowaniec View Post
    Thank you Gorga for clarifying the new manner whereby the Supervisor announces the board’s Executive Session agenda. I had had existed the meeting live stream before the Supervisor presented the Executive Session agenda at the close of the meeting.

    Where I had commended the Town in my letter for its endeavor to bring openness and transparency, this ‘new’ format detracts from that purpose. We will be kept in the dark as to the true nature of the agenda’s subjects and the ‘purpose’ of the Executive Session meeting.

    If indeed ‘no action’ can always be assured, why even bother announcing the meeting and disclosing it’s content in a coded manner? This is an unwelcome change!

    As you seem to understand the purpose of the Executive Session, Gorga, please tell us why the public should give a rat’s ass when it knows nothing that will be considered at the Executive Session, it’s outcome, or if a subject matter of interest to them is never reported on in a regular town board meeting, or anywhere, gets discussed.
    That's a good question

    Georgia L Schlager

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