Resident calls for more information on Town Board’s executive session agendas

A brief encounter between resident Bob Kohn and Town Attorney Stephen Kiely ended Tuesday’s work session with a promise from Mr. Kiely to be more transparent about items listed for discussion when the Board goes into executive session without the public present.

Two items appeared on the work session agenda for discussion in executive session — “Interview and Legal Advice.” But Mr. Kohn maintained the State’s Open Meetings Law required the agenda list the position(s) for which interviews would be held, while agreeing candidates to be interviewed were not to be identified. Mr. Kohn further maintained the agenda should have indicated the issue or issues to be discussed under the Legal Advice listing.

There is some case law that sometimes serves to back up future interpretations of the Open Meetings Law. But a call to the Committee on Open Government prior to Tuesday’s meeting rendered some different information.

Attorney Kristin O’Neill said there was no need for the agenda provided in advance of the meeting to list the information Mr. Kohn requested.

At the same time, the motion to enter into an executive session should be as transparent as possible without violating the reasons why an executive session could be held.

Mr. Kiely said the interview listed was for a previously advertised position of assessor.

With respect to the listing of “legal advice,” it’s something that’s allowed to be discussed in executive session, but if it pertains to a particular case, the case can be identified with no further information provided. 

Mr. Kiely, who has demonstrated a strong knowledge of the Open Meetings Law in previous discussions, said he would try to be more forthcoming when the law allowed.