An Open Letter to ALL Residents & Taxpayers in the Town of New Hartford

The September 12, 2007 Town Board meeting was the most despicable display of arrogance by elected town officials in an effort to take away the rights of taxpayers in the Town of New Hartford!

On the advice of Councilman Robert A. Payne, III, the town board passed a resolution to close the Stormwater Advisory Group meetings to the public.  The town attorney Jerry Green who is paid $150 an hour for his "legal advice" sat silent!

The 'nay' votes led by Supervisor Earle Reed; Ward 3 Councilman David Reynolds and Ward 1 Councilman Robert Payne, passed an illegal Town Board resolution in an effort to keep out members of Concerned Citizens for Honest & Open Government, a group formed to protect the rights of the taxpayers of New Hartford.  Dissenting Board Members, J.C. Waszkiewicz, Ward 2 Town Councilman and Richard Woodland, Ward 4, Town Councilman voted to maintain "openness" of these Stormwater Meetings. The Stormwater Group was formed by a town board resolution back in May to "develop drainage improvement plans to be implemented under the recently approved $2,000,000 bond issue".

The Stormwater group members listed on the town's own website consists of:

Stormwater Management Committee

Ken Lowell	Public Works Advisory Board
Hans Arnold	Planning Board
Doug Peterson	Resident
Frank Montecalvo	Resident
Ed DeSanctis	Resident
Elizabeth DeGironimo	Resident
Kurt Schwenzfeier	Town Planner
John Meagher	Engineering
Roger Cleveland	Highway Department
Robert Payne	Councilman, Public Works Liaison
David Reynolds	Councilman

An excerpt from the Committee On Open Government website:

What is a meeting?   
The term "meeting" is defined as "the official convening of a public body for the purpose of conducting public business." As such, when a quorum (a majority of the membership of a public body) gathers for the purpose of discussing public business, the meeting must be convened open to the public, whether or not there is an intent to take action and regardless of the manner in which the gathering may be characterized.

Who is covered by the Law?
The Open Meetings Law applies to "public bodies." That term is defined to include entities consisting of two or more people that conduct public business and perform a governmental function for New York State, for an agency of the state, or for public corporations, such as cities, counties, towns, villages and school districts. Committees and subcommittees of these entities are also included within the definition. Consequently, city councils, town boards, village boards of trustees, school boards, commissions, legislative bodies, and committees and subcommittees consisting of members of those groups all fall within the framework of the Law.

An excerpt from an Opinion Letter written by Robert Freeman

"Although the original definition of "public body" enacted in 1976 made reference to entities that "transact" public business, the current definition as amended in 1979 makes reference to entities that "conduct" public business and added specific reference to "committees, subcommittees and similar bodies" of a public body.

In view of the definition of "public body", I believe that any entity consisting of two or more members of a public body would fall within the requirements of the Open Meetings Law [see also Syracuse United Neighbors v. City of Syracuse, 80 AD 2d 984 (1981)]."

According to §110 of the Open Meetings Law:

Construction with other laws. 1. Any provision of a charter, administrative code, local law, ordinance, or rule or regulation affecting a public body which is more restrictive with respect to public access than this article shall be deemed superseded hereby to the extent that such provision is more restrictive than this article. 2. Any provision of general, special or local law or charter, administrative code, ordinance, or rule or regulation less restrictive with respect to public access than this article shall not be deemed superseded hereby. 3. Notwithstanding any provision of this article to the contrary, a public body may adopt provisions less restrictive with respect to public access than this article.

Therefore, any resolution passed by the Town Board that is more restrictive than the Open Meetings Law is not binding.  The Open Meetings Law takes precedence!  The passing of the Town Board resolution to close the Stormwater Advisory Group to the public is illegal!