I have posted previously, more than once, about the need for our local elected officials to commit to open government, rather than just pay lip service to it when convenient or when running for re-election.
One of my posts was a reminder of Sunshine Week, March 16-22, a time to remember the laws and principles of open, accessible government across our nation. It is interesting, and certainly disheartening, to note that our Mayor and Village Board did nothing to reinforce their commitment to open government during March 2008. One week after Sunshine Week, the Village Board, in concert with the Town Board, clearly violated the Open Meetings Law in conducting an executive session to discuss a joint municipal facility!
My first reaction is, gee how hard is it for these elected officials? Do we have to hit them over the head with this every day in order to get them to comply with the law and to embrace "public" governance rather than "shadow" governance?
Sadly, apparently so. The Finger Lakes Times is correct in taking the Village and Town Boards to task for their secretive actions. The owners of the involved property that was rejected by the Boards were correct in taking them to task for their secretive actions.
While the Times article in today's paper points out that there are reasons for and against a joint municipal facility at any number of sites, the main point of the article should not be forgotten - that is, that the principles and legal requirements of open government were ignored by ten of our local elected officials in this matter. Ten people who have been given the privilege of the public's permission to conduct the day-to-day operations of our public facilities, to direct our community's progress, and ensure its continued welfare.
As we all know, trust, as well as respect, must be earned. How can we trust or respect the decisions of our elected officials if they believe that they must hide from the public while discussing our business, or consider the public a nuisance to be avoided in the decision making process?
As I posted after the March election, Mayor Smith would do herself and the public a tremendous service if she would finally come out from behind the shield she uses to avoid putting herself on record and vote on all matters that come before the Board.
I would ask this: if the Finger Lakes Times had not first reported that the Boards had conducted an illegal executive session, and if the owners of the rejected property had not followed up and contacted the local media and also questioned the use of a secret discussion of the joint facility, would the public have EVER learned anything about what Mayor Smith believes about the location of such a facility? Would the public have EVER learned any of the thought processes and considerations that went into deciding which facility or parcel of land would be best suited to OUR needs?
My guess is no, we would not. No amount of hedging and explaining by our elected officials about why the decision was made this way will suffice. And this is inexcusable. Their actions have put our community in danger of possible litigation. By holding an illegal executive session the Boards could be sued under Article 78 of the Civil Practice Laws and Rules to nullify their actions.
What was gained by risking potential litigation, the potential ire of taxpayers, and the embarrassment of failing to do basic things correctly?
Now that objections have been made public in the newspaper we learn that Mayor Smith wants to re-open the discussion, post-decision, to try to convince her team to change their minds. She should have made her arguments last Thursday during an open session, where she might have been able to convince all of those present, the public included.
I reiterate my challenge: pull up the shades at "Municipal" Hall!
One of my posts was a reminder of Sunshine Week, March 16-22, a time to remember the laws and principles of open, accessible government across our nation. It is interesting, and certainly disheartening, to note that our Mayor and Village Board did nothing to reinforce their commitment to open government during March 2008. One week after Sunshine Week, the Village Board, in concert with the Town Board, clearly violated the Open Meetings Law in conducting an executive session to discuss a joint municipal facility!
My first reaction is, gee how hard is it for these elected officials? Do we have to hit them over the head with this every day in order to get them to comply with the law and to embrace "public" governance rather than "shadow" governance?
Sadly, apparently so. The Finger Lakes Times is correct in taking the Village and Town Boards to task for their secretive actions. The owners of the involved property that was rejected by the Boards were correct in taking them to task for their secretive actions.
While the Times article in today's paper points out that there are reasons for and against a joint municipal facility at any number of sites, the main point of the article should not be forgotten - that is, that the principles and legal requirements of open government were ignored by ten of our local elected officials in this matter. Ten people who have been given the privilege of the public's permission to conduct the day-to-day operations of our public facilities, to direct our community's progress, and ensure its continued welfare.
As we all know, trust, as well as respect, must be earned. How can we trust or respect the decisions of our elected officials if they believe that they must hide from the public while discussing our business, or consider the public a nuisance to be avoided in the decision making process?
As I posted after the March election, Mayor Smith would do herself and the public a tremendous service if she would finally come out from behind the shield she uses to avoid putting herself on record and vote on all matters that come before the Board.
I would ask this: if the Finger Lakes Times had not first reported that the Boards had conducted an illegal executive session, and if the owners of the rejected property had not followed up and contacted the local media and also questioned the use of a secret discussion of the joint facility, would the public have EVER learned anything about what Mayor Smith believes about the location of such a facility? Would the public have EVER learned any of the thought processes and considerations that went into deciding which facility or parcel of land would be best suited to OUR needs?
My guess is no, we would not. No amount of hedging and explaining by our elected officials about why the decision was made this way will suffice. And this is inexcusable. Their actions have put our community in danger of possible litigation. By holding an illegal executive session the Boards could be sued under Article 78 of the Civil Practice Laws and Rules to nullify their actions.
What was gained by risking potential litigation, the potential ire of taxpayers, and the embarrassment of failing to do basic things correctly?
Now that objections have been made public in the newspaper we learn that Mayor Smith wants to re-open the discussion, post-decision, to try to convince her team to change their minds. She should have made her arguments last Thursday during an open session, where she might have been able to convince all of those present, the public included.
I reiterate my challenge: pull up the shades at "Municipal" Hall!
