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Despite unclear motion for executive session, Massena mayor says board had legal reason to close doors

Posted 5/4/17

By ANDY GARDNER MASSENA -- Despite giving an unclear reason for entering executive session at the end of Tuesday’s village Board of Trustees meeting, the mayor says lawmakers did have a legal …

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Despite unclear motion for executive session, Massena mayor says board had legal reason to close doors

Posted

By ANDY GARDNER

MASSENA -- Despite giving an unclear reason for entering executive session at the end of Tuesday’s village Board of Trustees meeting, the mayor says lawmakers did have a legal reason to expel the public from the discussion.

On Wednesday, Currier said they were discussing who would replace the village treasurer as she has announced intention to retire.

The New York State Open Meeting Law allows eight reasons for municipal boards to enter into executive session, one of which is “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.”

At the end of the Tuesday meeting, Mayor Tim Currier made a motion to enter executive session to talk about “a personnel matter.”

The word “personnel” does not appear in the law.

“It’s regarding a new position … It’s not regarding the appointment, it’s regarding the creation of a new position,” Currier said after a request for more specific information. However on Wednesday, he said he misspoke when he said that.

After some back-and-forth during the meeting, Currier attempted to further explain the reason for the executive session by saying “Let me be more specific. Regarding matters leading to the appointment of a personnel position … We’re talking about the particular specifics regarding the job duties and the person.”

The assistant director of the New York State Department of State’s Committee on Open Government said the reasons Currier gave at the meeting were not adequate to give the public a clue that the discussion behind closed doors fits with state law.

“It’s not a clear-cut answer. They didn’t give enough information to make an informed decision over whether it was appropriate or not to go into executive session,” according to Kristin O’Neill, assistant director of the Committee on Open Government. “If they’re talking about a policy decision … not actually talking about who, reviewing applications, discussing particular applicants, promoting employees … that would not be appropriate for executive session.”

The day after the meeting, Currier apologized for being vague about the executive session motion and said he would be more specific in the future.

“I respect the role the media plays in open government, and frankly for some time now the media, including you have not asked for specific information on executive session. I will do my best to provide more specific information in the future, that is consistent with open meeting laws,” Currier said in an emailed statement.

The entire text of the Open Meetings Law is here. Subsection 105 deals with executive sessions.