Freeman: Boards Must Take Critical and Praisworthy Comments

Written By: Talk of the Sound News

Three basic understandings were promoted at the Forum sponsored by Assemblyman George Latimer and the Larchmont-Mamaroneck League of Women Voters on Open Government: freedom of information (FOIL), open meetings and personal privacy laws. Elizabeth Radow, President of the Larchmont-Mamaroneck League of Women Voters, made introductory remarks challenging the group saying: how can elected officials be up front on all issues. Why can or can’t we get access to information we need?
The featured speaker, Bob Freeman, Executive Director of the New York State Committee on Open Government, introduced himself to the large crowd which had gathered at he Weaver Street firehouse in Mamaroneck on July 21 by saying, “I am here for you.” He emphasized his agency was very small and consisted of only two people.
A booklet prepared by his Committee, “Your Right to Know,” (also on the web), was distributed to the audience and was considered essential in understanding State laws on this topic. This booklet can also be accessed on the website by search on the Internet for “Committee on Open Government,” or http://www.dos.state.ny.us/coog/coogwww.html.
Latimer was cited for legislation he sponsored which was approved on July 26, 2006. This law changed the relationship between the people and the government. It amended the “public officers law and the state technology law, in relation to electronic access to public records.” The law requires “The Committee on Open Government to develop a form that will be available on the Internet to be used by the public when requesting a record.” FOIL requests can be sent or answered via email. The audience was urged to contact Governor Andrew Cuomo and ask him to sign a proposed law, A00072 by Assembly member Amy Paulin. This bill requires records or proposed resolutions on laws or regulations “scheduled to be presented and discussed by a public body at an open meeting be made available on the agency’s website.” Freeman asked the group to contact Governor Cuomo and urge him to sign the bill which has passed both houses. Cuomo’s telephone is 518-474-8390, or you can access Governor Andrew Cuomo in a search engine and get his website. Freeman added, “the real question is what would happen (on an issue) if the government had to discuss this in public?”, adding, “Would it hurt?”
Open meetings refer to both elected or appointed bodies of two of more people. Answers to the question, “What is a meeting of a public body?” included formal and informal meetings or workshops and any time there is a quorum of two or more members.
The subject of Executive Sessions elicited a surprising conclusion by Freeman, “A public body cannot schedule an Executive Session in advance.” A motion must say what the group wants to talk about. Referring to page 14 of the booklet, “Your Right to Know,” he noted eight proper grounds for Executive Sessions, such as “matters which will imperil public safety.” No other subjects are properly addressed in Executive Sessions. Temporary committees are not covered under FOIL. Exemptions for Executive Sessions and other meetings are listed on page 16 of the “Your Right to Know” booklet. An example listed is “deliberations of political committees.” A question arose on access to records and whether every agency had a “records access officer.” Every agency is supposed to provide this. The intent of the FOIL is to have “an open decision making process.”
The word “confidential” does not mean a thing. Freeman emphasized boards must take “critical and praiseworthily comments.” He added, “If they don’t , vote the rascals out.” Then he said, “Some agencies are beyond embarrassment,” so he urged they be voted “out of office.”
Freeman felt a board member “has an obligation to express his viewpoint.” Having people present at a meeting makes a difference of compliance. He added it is wrong to think you can’t have the minutes of a group until after they are approved. One person, Lucille Held, in the audience before the meeting started said that political party meant nothing to her when she made Freedom of Information requests. She has a reputation of being “the most expensive person in the Town of Harrison” because of all her FOIL requests and says she will “attack anyone” if the proposed legislation is something she does not want.

In the August 4 issue of the Westchester Guardian