State Expert on Open Government Explained Executive Sessions (VIDEO)

Robert Freeman spoke about the Open Meetings Law, FOIL (Freedom of Information Law) requests and fielded audience questions for more than two hours on Monday night.  Freeman, the executive director of New York State’s Committee on Open Government, responded to general questions about government entities and more specific inquiries regarding actions taken at schools board and municipal government meetings.  Freeman acknowledged the concerns expressed by Clarkstown residents who had contacted his office with requests for information about whether local meetings were being run properly.

“I know there are some issues,” he said.

Freeman said the presentation was an opportunity for the 50 audience members to ask questions and hear the answers at the same time.  He said both the Open Meeting Law and FOIL are based on common sense. 

He started off explaining that a meeting was when a majority of board members get together to conduct public business even if no action is taken.  Freeman, whose visit was organized by the Clarkstown Council of PTAs, answered questions from Joan Braunfotel and Denise Crisci about could be done if a board all of a sudden began denying the chance for public comment.

“To my mind, that would be a gesture of disrespect for the community,” he said.

Freeman, who is one of three experts on Open Government in the country, said the governing body can decide by a majority vote of its members to allow or prevent public comment.  He said the head of the board could not make the decision alone but is the person to implement the decision.   

In response to a question from Rhea Vogel, Freeman said the proper procedure for an executive session is to introduce the motion in public and the motion should indicate what the subject is that will be discussed.  The majority of the board must approve in favor or going into executive session.

“Every meeting must be convened as an open meeting,” he said.

He listed eight areas that can be discussed behind closed doors by a board:

• Public safety issues
• Identity of law enforcement agency or informer
• Pending or current litigation
• Information about current or future criminal investigation of criminal offense
• Collective bargaining negotiations
• Medical, financial credit or employment history of particular person or corporation
• Preparation, grading administration of exams
• Proposed purchase, sale or lease of property 

On February 2, an amendment to the Open Meetings Law takes effect. It requires boards to provide information about items being discussed. 

“This change in the law will make a huge difference over time,” he said. 

Freeman noted information about items being discussed at meeting can easily be posted on web sites and it will make a significant difference for the public.

“Now you’ll be able to figure out what they’re talking about,” he said. “You may be able to offer constructive comments, suggestions. You can follow along.“

Freeman said the amendment was a long time in coming and is a welcome development.

“People were frustrated for years because they didn’t have the ability to become families with records to be discussed during meetings,” he said. ”The amendment will go a long way to providing information before meetings.”

Freeman explained FOIL provided access to existing records.  It has been in effect since 1974 and was amended in 1978.

Among those attending the meeting at the Felix Festa Middle School were numerous Clarkstown PTA members, School Board Trustees Doug Katz and Joe Malgieri, Clarkstown Town Clerk Justin Sweet, New City Library Board of Trustees President Terri Thal, School Superintendent Margaret Keller-Cogan, Clarkstown Taxpayers members and community residents from Clarkstown, Haverstraw and Orangetown.

 “Some things that we are doing we are doing correctly some things might need tweaking,” said School Board President Doug Katz, who intends to follow up on some points with the rest of the board and the superintendent.

Debbie Luria said Freeman brought up all the points the audience needed to hear.

“Enlightening information for board members and citizens alike,” said Vogel.  “Mr. Freeman stressed most importantly that we do the right thing.”   

Freeman urged people to read his office’s web site and contact his office with questions.  He provided a nine-page handout titled, "Your Right to Know," which covered FOIL and Open Meetings.