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New York state clearly defines reasons to go into executive session

When it comes to reasons to go into executive session — a portion of a public meeting not open to the general public — there are rules clearly defined by New York state’s Open Meetings Law. Yet we continually see local public officials give reasons that are not on the list.

Therefore, we feel it’s necessary to publish that list as a refresher to new and veteran board members — and their attorneys, who get paid good money to remind those board members about all the laws they must follow, including the Open Meetings Law.

Perhaps one of the biggest offenders, as far as language is concerned, is the phrase “personnel matters,” which is not on the list as a reason to go into executive session. Neither are the words “contracts” or “FOIL.”

There’s a reason we have the Open Meetings Law — to direct some “sunshine” into the workings of our government, not just to make sure they’re transparent but to keep our public officials honest. Too many times (and once is too many) we’ve seen public boards around the region hide issues behind the closed door of an executive session — for reasons that that aren’t valid or legal.

We remind public officials that we’re watching and we ask them, please, for the benefit of your constituents and your communities, learn the Open Meetings Law and follow it.

For the benefit of our public officials — and the citizens who elected them — below is the passage on executive sessions in the Open Meetings Law, Public Officers Law, Article 7.

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.

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