Ex-Trustee: New City Library Board Holds Questionable Closed Session

The New City Library Board of Trustees held a special meeting Wednesday night that turned into a closed session at the request of Board President Tom Ninan. He said the five trustees attending the meeting needed to go into a closed session to discuss the role of the board president. 

After the approximate 25-minute session ended, the board voted three to one to authorize Ninan to attend library staff meetings as a liasion from the board since the library does not have an executive director.

“I put a motion on the floor that our current president may attend staff meetings until we actually hire a director for the sake of information to be brought back to the board,” proposed Trustee Anthony Feliciano.

Trustee George Jacobson voted against the measure, which was passed by Feliciano, Matthew Mulrooney and Olahannan Poulose. 

Jacobson objected to the motion because he wanted proof that it was a past practice and former board presidents had attended staff meetings.

After the vote, former trustee Martus Granirer told Ninan their actions violated the Open Meetings Law.

“There are seven reasons that you could hold an executive session and what you just did fits none of those reasons,” said Granirer.  “That meeting and the product of that meeting are illegal.”

When asked which provision of the Open Meetings Law applied to the topic they discussed, Ninan did not provide a specific answer. 

“We went into a closed meeting so I can’t discuss the closed meeting part of it,” he said. “But I can discuss the role of the president was unclear to some of the trustees.”

The New York State Committee On Open Government the following guidelines for executive sessions.

§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. 

Ninan said the of Suffern had approved the planned executive meeting and that he would have to speak with Albrecht before explaining which provision applied. 

“When I get a chance to look at it with my attorney, the board’s attorney, I will get back to you,” said Ninan. 

Ninan also disclosed he had already attended two staff meetings and will sit in on as many others as necessary until the library hires a new director.