Executive Merged Report

Buffalo Niagara Coalition
for
Open Government
BEHIND CLOSED DOORS
EXECUTIVE SESSIONS
&
THE PUBLICS RIGHT TO KNOW
October 25, 2017

The Buffalo Niagara Coalition for Open Government is a nonpartisan charitable
organization comprised of journalists, activists, attorneys, educators, news media
organizations, and other concerned citizens who value open government and
freedom of information.
Mission Statement:
Through education and civic engagement, the Buffalo Niagara Coalition for Open
Government advocates for open, transparent government and defends citizens
right to access information from public institutions at the city, county, and state
levels.
Statement of Purpose:
We believe that, if government is of the people, by the people and for the people,
then it should also be open to the people. Government exists to serve its citizens, so
access to public information should be simple. Freedom of Information Laws and
the New York Open Meetings Law make access to public records a right.
When government operates openly and honestly, we, the people, can hold our
elected officials accountable, fulfilling our duties as an informed citizenry. The
Buffalo Niagara Coalition for Open Government works to ensure that all people
have full access to government records and proceedings on the city, county, and
state levels. Such access fosters responsive, accountable government, stimulates
civic involvement and builds trust in government.
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Buffalo Niagara Coalition for Open Government
Board of Directors
Paul Wolf, Esq. President
Brian Hellner Vice President
James Tricoli Vice President
Edward McKee Treasurer
Joseph Kissel Secretary
Jonathan Manes, Esq. Director
Michael Kless Director
The following members also contributed to the completion of this report: Nancy
Correa, and Ken Foit, Esq.
Our meetings are held at 5:30 p.m. the first Thursday of the month, at the
Williamsville Library on Main Street. Board President Paul Wolf, Esq. can be
contacted at (716) 435-4976, or by email at paulwolf2@gmail.com. Our website is
www.nyopengov.org and we have a Facebook page.
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New Yorks Open Meetings Law
Every meeting of a public body under the New York State Opens Meeting Law
must be open to the public. There are two ways that a public body can legally
discuss public business in private. Under Section 102(3) of the Open Meetings
Law an executive session can be held. Another way that the public can be excluded
involves exemptions under Section 108, where the Open Meetings Law does not
apply.
Executive sessions under the law are limited to certain subjects. A motion to
conduct an executive session must be made in an open meeting, with the subject
matter sufficiently described, and upon a majority vote of the members.
Section 108 of the Open Meetings Law contains exemptions where the Open
Meetings Law does not apply. The most common exemption is attorney-client
privilege. Communication between a public body and their attorney are
confidential. A public body can consult with their attorney and when doing so an
executive session is not required.
This report focuses on the holding of executive sessions by local governments.

Members of the Buffalo Niagara Coalition for Open Government reviewed the
meeting minutes of sixteen local governments in Erie and Niagara County. The
purpose of this study was to determine the following:
How often executive sessions are being held;

The basis for holding executive sessions;
Whether motions for executive sessions are being done properly;
How much time is spent in executive sessions.
The Open Meetings Law sets forth the following reasons that an executive session
can be held:
105. Conduct of executive sessions.
1. Upon a majority vote of its total membership, taken in an

open meeting pursuant to a motion identifying the general area
or areas of the subject or subjects to be considered, a public
body may conduct an executive session for the below enumerated
purposes only, provided, however, that no action by formal vote
shall be taken to appropriate public moneys:
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a. matters which will imperil the public safety if disclosed;
b. any matter which may disclose the identity of a law

enforcement agent or informer;
c. information relating to current or future investigation

or prosecution of a criminal offense which would imperil
effective law enforcement if disclosed;
d. discussions regarding proposed, pending or current

litigation;
e. collective negotiations pursuant to article fourteen of

the civil service law;
f. the medical, financial, credit or employment history of

a particular person or corporation, or matters leading to the
appointment, employment, promotion, demotion, discipline,
suspension, dismissal or removal of a particular person or
corporation;
g. the preparation, grading or administration of

examinations; and
h. the proposed acquisition, sale or lease of real property

or the proposed acquisition of securities, or sale or exchange
of securities held by such public body, but only when publicity
would substantially affect the value thereof.
2. Attendance at an executive session shall be permitted to

any member of the public body and any other persons authorized
by the public body.
The New York State Committee on Open Government was created by the State
Legislature to provide advice, opinions and recommendations regarding items such
as the Open Meetings Law. The Committee on Open Government opinions and
Court decisions have determined that a public body must identify the subject
matter to be discussed in an executive session with some degree of particularity.
Merely reciting the language in the law is insufficient. The motion to conduct an
executive session must be sufficiently detailed to enable the public to ascertain
whether there is a proper basis for entry into the closed session.
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Our Study
The Buffalo Niagara Coalition for Open Government reviewed the executive
sessions that took place during work sessions and board meeting of sixteen
municipalities in Erie and Niagara County from January 1, 2017 to July 1, 2017.
During this six-month period, seventy-eight executive sessions were held, for an
average of five per municipality.
Number of Executive Sessions Held by Municipality:
Town of Lewiston 11
Cheektowaga 10
Town of Tonawanda 9
Town of Lockport 9
Town of Hamburg 8
West Seneca 7
Amherst 7
Town of Lancaster 7
Wheatfield 6
Niagara County 2
Village of Lewiston 2* (minutes from 1/17 to 4/17, were not online)
Erie County Legislature 0
Buffalo Common Council 0
North Tonawanda 0
Niagara Falls 0
City of Lockport 0
Kudos to the Erie County Legislature, Buffalo Common Council, North

Tonawanda City Council, Niagara Falls City Council and the Lockport City
Council, for not holding any executive sessions!
Hours Spent in Executive Session (Avg. 6.7 hours)

(.1 equals six minutes)
West Seneca 12.5

Town of Tonawanda 9.1
Town of Lewiston 8.7
Town of Hamburg 7.6
5
Town of Lancaster 5.3
Town of Lockport 4.5
Amherst 4.2
Wheatfield 2.1
Village of Lewiston ?*
Cheektowaga ?*
Niagara County Leg. ?*
*Cheektowaga, the Niagara County Legislature and the Village of Lewiston do not
document the time an executive session starts or ends in their meeting minutes.
Meeting minutes for the Village of Lewiston from January 2017 to May 2017, were
not available online because they were sent to a document management firm for
the purpose of making them available electronically.
Attached as Appendix A, listed in alphabetical order are the executive session

motions that were made for each municipality, as documented in their meeting
minutes.
In five out of seven sessions held in West Seneca, the executive session lasted
longer than the public portion of their meeting.
In seven out of nine sessions held in the town of Tonawanda, the executive session
lasted longer than the public portion of their meeting.
The Three Most Common Reasons Given for Holding an Executive Session
1) To discuss litigation
2) To discuss a personnel matter
3) To discuss a contract
Compliance with the Open Meetings Law
The Open Meetings Law requires that when a motion is made to hold an executive
session the subject matter being discussed must be described with some
particularity. Only two of the seventy-eight executive session motions reviewed
described the subject being discussed with particularity.
The two motions done correctly were by the Town of Amherst and the Niagara
County Legislature.
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In seventy-six other instances, when a motion for executive session was made, the
subject of the litigation or contract being discussed was not stated with specificity.
Time after time the motion for executive session stated the reasons being discussed
as:
litigation
pending litigation
contract negotiations
proposed litigation
personnel matters
legal matter
contractual matter
employee issue
The general reasons stated above do not in any way inform the public as to what
particular legal matter or contract is being discussed behind closed doors. The
word personnel is actually not stated at all in the Open Meetings Law, as a
reason for holding an executive session, yet it is cited by municipal boards all the
time.
While litigation is the most common reason for holding an executive session it is
important to note that Court decisions have held that the purpose of discussing
pending litigation privately is so that litigation strategy can be discussed without
disclosing it to an adversary.
The belief that a decision may lead to litigation does not justify conducting the
publics business in an executive session.
An update on the status of a legal proceeding does not rise to the level of a
discussion regarding strategy and therefore would not be an appropriate basis for
an executive session.
The New York State Committee on Open Government has provided the
following examples of correctly moving to hold an executive session:
I move to enter into executive session to discuss our litigation strategy in the case
of the XYZ Company v. the Town of Tonawanda.
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I move to enter into executive session to discuss the collective bargaining
negotiations involving the police union.
I move to enter into an executive session to discuss the employment history of a

particular person (or persons). The identity of the particular person(s) does not
have to be stated.
Attached to this report as Appendix B, are copies of four opinions of the New
York State Committee on Open Government regarding executive sessions, which
may be of assistance to elected officials and municipal attorneys. The reference
numbers for the attached opinions are: July 23, 2001- #3339; April 29, 2008-
#4616; September 9, 2009-#4809; September 16, 2009-#4813.
Conclusion
During the six-month period studied, 97% of the time a motion for an
executive session was made incorrectly (76 out of 78). 97% of the time the
public is being left in the dark as to what is being discussed behind closed
doors by motions that do not describe the legal matter, personnel matter or
contractual matter being discussed.
New York State Committee on Open Government opinions and several State Court
decisions have made it clear that motions reiterating general terms like litigation,
personnel and a contractual matter are not sufficient when seeking to hold an
executive session.
The New York State Legislature has amended the Open Meetings Law twice to
create sanctions for public bodies that violate the law. In 2008, the Legislature
allowed courts to award attorney fees to citizens who successfully challenge a
board action for violating the Open Meetings Law. In 2010, Courts were granted
the authority to require the members of a public body to receive Open Meetings
Law training by the New York State Committee on Open Government.
The goal of this report is to educate local government officials and municipal
attorneys that changes need to be made in how executive sessions are
conducted.
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Over the years incorrect customs and traditions regarding executive session
motions have taken hold. Executive session motions are made the way they are
because that is how they have been done for years. New elected officials come on
board and the improper procedures get passed on.
The Buffalo Niagara Coalition for Open Government looks forward to working
with elected officials and municipal attorneys to ensure that the public is made
aware of what matters are being discussed behind closed doors in executive
sessions. We hope that changes can be made without having to resort to litigation
or mandated training.
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APPENDIX A
EXECUTIVE SESSIONS STUDIED IN

ALPHABETICAL ORDER BY MUNICIPALITY
The two motions done correctly are highlighted in bold.
AMHERST
An Executive Session for Assessment Litigation and Proposed Litigation regarding the Compost Facility
has been scheduled following the Town Board meeting, Supervisor Weinstein moved to enter Executive
Session at 9:20 PM, seconded by Councilmember Bucki and unanimously approved 5-0.
The Town Board meeting of January 3, to regular session and adjourned at 9:40 pm.
An Executive Session for Litigation related to 1) Kenworth and 2) non-payment to Dave Smith Ford has
been scheduled following the Town Board Meeting at 9:33 PM, Supervisor Weinstein motioned to go
into Executive Session for Litigation related to 1) Kenworth and 2) non-payment to Dave Smith
Ford. The motion was seconded by Deputy Supervisor Sanders and unanimously approved 5-0.
The board returned to regular session at 9:56 pm on January 17, 2017.
February 6, 2017 work session began at 4:00pm. Went into Executive session at 6:05 pm to discuss
Westwood issues and Zaepfel litigation matter. Came out of Executive session at 6:42 pm.
March 20, 2017 work session began at 4:01 pm. Executive Session: Two (2) litigations against the Town
of Amherst. Motion to begin Executive Session (Weinstein, Popowich): 4:40 PM. Meeting ended 5:10 pm.
April 3, 2017 work session began at 4:05 pm. Executive Session: Proposed Litigation Matter. Executive
Session (Sanders, Spoth): 4:53 pm. Meeting ended: 5:20 pm.
May 8, 2017 work session began at 4:00 pm. Executive Session: Personnel Matters. Executive Session
(Weinstein, Spoth): 5:20 pm. Meeting ended 5:43 pm.
June 5, 2017 work session. No agenda published. Meeting began at 4:00 pm. And ended at 4:56 pm.
June 19, 2017 work session. Began at 4:00 pm. Executive session-legal matter, 4:45 pm - Executive
session and work session ended 5:20 pm.
BUFFALO
No Executive Sessions held.
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CHEEKTOWAGA
1/24/17 Work Session

To discuss collective bargaining negotiations, the promotion of a particular person and attorney client
issue(s)

To discuss matters leading to the employment and appointment of a particular person(s) and discussion of
a pending litigation item(s).
3/14/17 Work Session & Board Meeting

To discuss proposed litigation item(s) and contract negotiations

To discuss proposed, pending or current litigation matter(s)

To discuss proposed litigation matter(s)
5/9/17 Work Session

Discussion regarding pending litigation item(s)

Collective Negotiations Pursuant to Article Fourteen of the Civil Service Law

To discuss the employment history, appointment and promotion of a particular person(s) and pending
litigation item(s)

To discuss current litigation item(s) and bargaining unit negotiations, including matters leading to the
appointment of promotion of a particular person(s)
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ERIE COUNTY LEGISLATURE
TOWN OF HAMBURG
January 9, 2017 work session began at 6:00 pm..RESOLVED, that the Town Board move into Executive
Session at 6:02 pm on the acquisition of real property and advice from legal counsel.
meeting ended at 7:08:00 PM
January 23, 2017 work session began at 5:35 pm. On a motion of Supervisor Walters, seconded by
Councilman Best, the following resolution was adopted: 3 for, 0 nos. Executive session ended
at 7:07 pm.
February 13, 2017 work session begin at 5:32 pm. on a motion of Supervisor Walters, seconded by
Councilman Quinn, the following resolution was adopted: 3 for;0 nos. Resolved that the
Town Board move into Executive Session at 6:15 pm on a legal matter, labor contracts and two
personnel matters. Executive session ended at 7:11 pm.
March 13, 2017 work session began at 5:31 pm. On a motion of Supervisor Walters, seconded by
Councilman Best, the following resolution was adopted: 3 for; 0 nos. RESOLVED, that the town
move into Executive Session at 5:47 pm on two personnel, two contractual and one litigation matter.
Executive Session ended at 7:01 pm.
March 27, 2017 work session began at 5:35 pm. On a motion of Supervisor Walters, seconded by
Councilman Quinn, the following resolution was adopted: 3 for; 0 nos. RESOLVED, that the town
board move into Executive Session at 6:10 pm on three personnel matters, one litigation matter,
a contractual matter and discussion on the buying and selling of real estate. Executive Session
ended at 7:09 pm.
April 24, 2017 work session began at 5:38 pm. On a motion of Supervisor Walters, seconded by
board move into Executive Session at 6:04 pm. On four personnel matters, a contractual matter,
a litigation matter, and discussion on the buying and selling of real estate. Executive Session
ended at 7:16 pm.
May 8, 2017 work session began at 5:35 pm. On a motion of Supervisor Walters, seconded by
Councilman Best, the following resolution was adopted: 3 for; 0 nos. RESOLVED, that the town
move into Executive Session at 5:55 pm on several personnel matters, specific people and specific
departments and contractual updates. Executive Session ended at 7:11 pm.
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May 22, 2017 work session began at 5:30 pm. On a motion of Supervisor Walters, seconded by
board move into Executive Session at 5:34 pm on a contractual matter: The, "Beck" matter has been
resolved on a motion by Supervisor Walters, seconded by Councilman Quinn. The town
board adjourned the Executive Session and moved back into Work Session mode. No time was given.
June 12, 2017 work session began at 5:31 pm. On motion of Supervisor Walters, seconded by
Councilman Quinn, the following resolution was adopted 3 for; 0 nos. RESOLVED: the town board
move into Executive Session at 6:11 pm.on several personnel matters. (Note: No time given for when
Executive Session ended)
June 12, 2017 town board meeting was opened by making note that the town board came out of
Executive Session at 7:02 pm to begin its town board meeting.
TOWN OF LANCASTER
1/3/17 Board Meeting

EXECUTIVE SESSION:
AT 7:29 P.M., UPON A MOTION DULY MADE BY COUNCIL MEMBER ABRAHAM,
SECONDED BY COUNCIL MEMBER GACZEWSKI AND CARRIED, the Town Board
entered into Executive Session to deliberate on the announced purpose of discussing a personnel
matter and a matter of potential litigation.
At 7:42 P.M., the Town Board reconvened with all members present. The Town Clerk reported
that no official actions were taken by the Town Board in Executive Session.
AT 7:38 P.M., UPON A MOTION DULY MADE BY COUNCIL MEMBER WALTER,
SECONDED BY COUNCIL MEMBER ABRAHAM AND CARRIED, the Town Board entered
into Executive Session to deliberate on a contractual matter and a matter of potential litigation.
entered into Executive Session to deliberate on the announced purpose of discussing contractual
matters.
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SECONDED BY COUNCIL MEMBER WALTER AND CARRIED, the Town Board entered
into Executive Session to deliberate on the announced purpose of discussing a contractual
matter.

into Executive Session to deliberate on the announced purpose of discussing a personnel matter
and a contractual matter.

EXECUTIVE SESSION: #1
AT 7:02 P.M., UPON A MOTION DULY MADE BY COUNCIL MEMBER RUFFINO,
into Executive Session to deliberate on the announced purpose of discussing a contractual
matter.
EXECUTIVE SESSION: #2
entered into Executive Session to deliberate on the announced purpose of discussing a matter of
litigation, a contractual matter and a personnel matter.

into Executive Session to deliberate on the announced purpose of discussing litigation and
personnel matters.
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VILLAGE OF LEWISTON
5/31/17, EXECUTIVE SESSION A motion was made by Trustee Gibson seconded by Trustee
Sutherland and passed unanimously to enter into executive session to discuss a real property
contract. Trustee Gibson requested this session.
5/31/17, A motion was made by Trustee Sutherland to adjourn the meeting at 7:41 PM and enter
into executive session. Trustee Gibson seconded the motion and it passed unanimously.
EXECUTIVE SESSION PRESENT Mayor Collesano, Trustee Sutherland, Trustee Gibson,
Trustee Eydt, Law Counsel Leone, and Clerk Treasurer Salada. After a brief discussion no
motions were made. ADJOURN EXECUTIVE SESSION A motion was made by Trustee Eydt
seconded by Trustee Sutherland and pass unanimously to adjourn the executive session at 8:11
PM.
TOWN OF LEWISTON
1/23/17, Broderick MOVED to enter into Executive Session, Seconded by Bax and Carried 5
0. (7:25 pm)
Discussion on a matter concerning employment status of individual / collective bargaining and

Attorney matter / consultation.
Morreale MOVED to exit Executive Session, Seconded by Ceretto and Carried 5 0. (8:30 pm)
2/13/17, Broderick MOVED to enter into executive session to discuss union negotiations. Seconded by
Bax and 4-0. Time 7:20 p.m.
Issued Discussed: Water Department Contract
Bax MOVED to adjourn. Seconded by Morreale and carried 4-0. Time: 7:44 p.m.
2/27/17, Geiben MOVED to enter into Executive Session to consult with the Attorney on two items
pending litigation and personnel issues / Collective bargaining, Seconded by Ceretto and Carried 4 -
0.
Broderick MOVED to exit the Executive Session, Seconded by Geiben and Carried 4 0. (7:28
pm)
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3/13/17, Geiben MOVED to enter into executive session, Seconded by Morreale and carried 4-0. Time
8:15 p.m.
Issues Discussed: 1) Water Department Home Inspection; 2) Tax Assessment MSMH; 3) Tax
Assessment LMK Reality; 4) Water Department Employee Issue
Morreale MOVED to exit Executive Session and re-convene Work Session, Seconded by Ceretto and
carried 4-0. Time: 8:44 p.m.
3/27/17, Bax MOVED to enter into Executive Session to Consult with Attorney, Possible
Litigation, employment matter regarding specific individual and Contract Negotiations, Seconded
by Ceretto and Carried 5 0. (7:30 pm)
Discussion on possible litigation, employment matter regarding specific individual and Contract
Negotiations.
Bax MOVED to exit Executive Session, Seconded by Morreale and Carried 5 0. (8:22 pm)
4/10/17, Bax MOVED to enter into executive session for consultation with Attorneys and a personnel
matter regarding a particular individual, Seconded by Morreale and carried 3-0. Time 7:40 p.m.
Issues Discussed: 1) LMK (Massaro) Legacy Drive (Certificate of Occupancy); 2) Slag Issue; 3) Kyle
Nablo, Arbitration.
BAx MOVED to adjourn. Seconded by Morreale and 3-0. Time: 8:27 p.m.
4/24/17, Geiben MOVED to enter into executive session for consultation with Attorneys on possible
litigation. Seconded by Bax and carried 5-0. Time 7:10 p.m.
Issues Discussed: Potential litigation.
Bax MOVED to exit Executive Session and reconvene Regular Meeting. Seconded by Ceretto and carried
4-0.
5/8/17, Bax MOVED to enter into Executive Session to discuss union negotiations; and consultation with
Attorneys re: litigation. Seconded by Geiben and carried 5-0. Time: 7:00 PM.
Issues Discussed: 1) Teamsters Contract; 2) Slag; and 3) Unpaid Taxes (Parks Department).
Geiben MOVED to adjourn. Seconded by Bax and carried 5-0. Time 8:00 P.M.
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5/22/17, Broderick MOVED to enter into Executive Session, Seconded by Ceretto and Carried 5 0.
(6:50 pm)
Issues Discussed Potential Litigation and Personnel issue involving a specific employee
Bax MOVED to exit Executive Session, Seconded by Morreale and Carried 5 0. (7:36 pm)
6/12/17, Geiben MOVED to enter into Executive Session to discuss potential litigation, consultation with
attorneys and personnel issues. Seconded by Bax and carried 5-0. Time: 7:10 PM.
Issues Discussed: 1) Potential Litigation; 2) Employee Issue (Bax excused); 3) Potential Litigation; 4)
Employee Issue and 5) Employee issue.
Ceretto MOVED to exit executive Session and adjourn Work Session. Seconded by Bax and carried 5-0.
Time 8:09 p.m.
6/26/17, Geiben MOVED to amend the Executive Session discussions to include pending litigation,
Seconded by Bax and Carried 5 0.
Geiben MOVED to enter Executive Session, Seconded by Bax and Carried 5 0. (7:15 pm)
Issues discussed: Pending Litigation, Potential Litigation, and Personnel issue involving a specific
employee.
Morreale MOVED to exit Executive Session, Seconded by Ceretto and Carried 5 0. (7:43 pm)
CITY OF LOCKPORT
TOWN OF LOCKPORT
1/18/17, MOTION (2017-021): to enter Executive Session for the purpose of consulting with
the Town Attorney was made by Council member DiCarlo"and seconded by Council member
Siejak. The motion was CARRIED: AYES- 5, NAYS-0. Voting AYE: Siejak, Dufour, Keough,
DiCarlo and Crocker. The Town Board entered Executive Session at 1: 35 p. m.
Executive Session Ended and Work Session Reconvened MOTION (2017- 022): to reconvene
the work session was made by Council member Keough and seconded by Council member
Dufour. The motion was CARRIED: AYES- 5, NAYS-0. Voting AYE: Siejak, Dufour, Keough,
DiCarlo and Crocker. The work session was reconvened at 2: 08 p.m. with no Town Board
action taken during Executive Session.
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2/6/17, MOTION (2017-36) to enter executive session at 1: 45pm for the purpose of consulting
with the Town Attorney was made by Councilmember Siejak, seconded by Councilmember
DiCarlo. The motion was APPROVED. AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak,
Dufour, Keough and DiCarlo. Executive session ended, work session reconvened MOTION (
2017-37) to resume the work session and regular businessmeeting at 2: 25pm was made by
Councilmember Dufour, seconded by Councilmember.. Keough. The motion was APPROVED.
AYES- 5, NAYSO. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.
3/22/17, MOTION (2017- 63) to enter executive session at 1: 48 p. m. for the purpose of
consulting with the Town Attorney was made by Councilmember Siejak, seconded by
Councilmember Dufour. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE:
Crocker, Siejak, Dufour, Keough and DiCarlo. Executive Session ended, Work Session
reconvened MOTION (2017-64) to resume the work session and regular business meeting at 1:
58 p. m. was made by Councilmember Siejak, seconded by Councilmember DiCarlo. The
motion was APPROVED. AYES 5, NAYS 0.' Voting AYE: Crocker, Siejak, Dufour,
Keough and DiCarlo. No action was taken during Executive Session.
4/3/17, MOTION (2017-70) to enter Executive Session for the purpose of discussing matters
relating to the employment of particular employees and for consultation with the Attorney was
made by Councilmember Siejak and seconded by Councilmember DiCarlo. The motion was
CARRIED: AYES-5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.
The Town Board entered Executive Session at 2: 01 p. m. 7. Executive Session Ended and Work
Session Reconvened MOTION ( 2017- 71) to exit Executive Session and to reconvene the work
session was made by Council member DiCarlo and seconded by Council member Siejak. The
motion was CARRIED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and
DiCarlo. The work session was reconvened at 2: 23 p. m. with no Town board action taken
during Executive Session.
4/19/17, MOTION (2017-90) to enter executive session at 2: 10 p. m. for the purpose of

Councilmember DiCarlo. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE:
reconvened MOTION.( 2017-91) to resume the work session and regular business meeting at 2:
45 p. m. was made by Councilmember Keough, seconded by Councilmember Dufour. The
motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour,

consulting with the Town Attorney was made by Councilmember Keough, seconded by
Councilmember Siejak. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE:
Crocker, Siejak, Dufour, Keough and DiCarlo.
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Executive Session ended, Work Session reconvened MOTION (2017-103) to resume the work
session and regular business meeting at 2: 05 p. m. was made by Councilmember Keough,
seconded by Councilmember Dufour. The motion was APPROVED. AYES 5, NAYS 0.
Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo. No action was taken during
Executive Session.

consulting with the Town Attorney was made by Councilmember Dufour, seconded by
reconvened MOTION (2017- 118) to resume the work session and regular business meeting at
2: 10 p. m. was made by Councilmember Siejak, seconded by Councilmember DiCarlo. The
6/5/17, MOTION (2017- 125) to enter executive session at 1: 51 p. m. for the purpose of
Crocker, Siejak, Dufour, Keough and DiCarlo.
MOTION (2017- 126) to resume the work session and regular business meeting at 2: 03 p. m.
was made by Councilmember Dufour, seconded by Councilmember Keough. The motion was
APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough and
DiCarlo. No action was taken during Executive Session.
consulting with the Town Attorney was made by Councilmember Keough, seconded by
Councilmember Siejak. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE:
reconvened MOTION ( 2017-141) to resume the work session and regular business meeting at
2: 27 p. m. was made by Councilmember Dufour, seconded by Councilmember DiCarlo. The
NIAGARA COUNTY LEGISLATURE
1/17/17 Motion to enter into executive session for discussion on the ratification of the
tentative agreement between the city of Niagara and the Niagara County Sewer District #1
and Teamsters Local #264.
4/4/17 Motion to enter into executive session. (no reason stated)
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NIAGARA FALLS
NORTH TONAWANDA
TOWN OF TONAWANDA
1/9/17, An Executive Session shall be convened at 4:45 PM. Motion to begin was made by
Councilman Crangle and seconded by Councilwoman Chimera to discuss a personnel litigation
matter.
The Executive Session adjourned at 5:30 PM. Motion to close was made by Councilwoman
Chimera and seconded by Councilman Conrad.
Councilman Crangle and seconded by Councilwoman Chimera to discuss a personnel litigation
matter.
The Executive Session adjourned at 5:50 PM. Motion to close was made by Councilman
Conrad and seconded by Councilman Crangle.
Councilwoman Chimera and seconded by Councilman Conrad to discuss a legal litigation
matter.
Crangle and seconded by Councilwoman Chimera.
Councilwoman Chimera and seconded by Councilman Crangle to discuss a contract, personnel,
and litigation matters.
The Executive Session adjourned at 6:30 PM. Motion to close was made by Councilwoman
Chimera and seconded by Councilman Bargnesi.
Councilman Crangle and seconded by Councilman Bargnesi to discuss a contract, personnel,
Conrad and seconded by Councilman Bargnesi.
11
Councilman Conrad and seconded by Councilman Crangle to discuss a contract, personnel, and
litigation matters.
Conrad and seconded by Councilwoman Chimera.
Councilman Crangle and seconded by Councilman Conrad to discuss personnel negotiations
Crangle and seconded by Councilwoman Chimera.
Councilman Conrad and seconded by Councilman Crangle. The Executive Session adjourned at
5:45 PM. Motion to close was made by Councilman Conrad and seconded by Councilman
Bargnesi.
Councilman Crangle and seconded by Councilman Conrad. The Executive Session adjourned at
5:40 PM. Motion to close was made by Councilman Conrad and seconded by Councilman
Crangle to discuss personnel and litigation matters.
WEST SENECA
1/9/17 Work Session

Motion by Supervisor Meegan, seconded by Councilman Hanley, to recess to executive session
at 3:55 P.M. to discuss three legal matters and four contractual issues.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 5:50 P.M. and the work session
concluded.
2/6/17 Work Session

at 4:15 P.M. to discuss two legal matters and an employee issue.
concluded.
12
at 4:15 P.M. to discuss an employee issue and a collective bargaining legal matter.
concluded.
at 7:45 P.M. to discuss two personnel issues and one legal item.
The board members returned from executive session at 9:30 P.M.
5/8/17 Work Session

at 3:25 P.M. to discuss labor contract issues and a litigation matter.
concluded

Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to executive session at
7:25 P.M. to discuss a contractual matter, a personnel issue and legal matters.
The board members returned from executive session at 9:45 P.M.

at 3:25 P.M. to discuss four employee issues and six legal items.
concluded.
13
WHEATFIELD
March 6, 2017: Moved by Supervisor Cliffe and seconded by Councilman Gerbec to hold
Executive Session to discuss personnel issues that include the last motion. Moved by
Councilman Gerbec and seconded by Supervisor Cliffe to enter Executive Session at 7:56 pm.
Moved by Councilman Helwig to come out of Executive Session at 8:11 pm.
March 20, 2017: There will be Executive Session to discuss pending litigation after Public
Input
Moved by Councilman Gerbec and seconded by Councilman Helwig to enter Executive Session
at 8:38 pm. Town Board, Town Attorney, and Town Clerk.
Moved by Councilman Helwig and seconded by Councilman Gerbec to conclude Executive
Session at 9:03 pm. Pending litigation discussed, no action taken.
April 17, 2017: There will be an Executive Session after Public Input to discuss contract
negotiations.
Moved by Councilman Gerbec and seconded by Councilman Doucet to enter Executive Session
at 8:16 pm to discuss contract negotiations. Town Board, Town Attorney, and Town Clerk. This
motion was CARRIED: AYES 5 NAYS 0.
Moved by Councilman Helwig and seconded by Councilman Gerbec to come out of Executive
Session at 8:46 pm. No action was taken. This motion was CARRIED: AYES 5- NAYS 0.
May 1, 2017: There will be an Executive Session to discuss litigation after Public Input.
Moved by Councilman Gerbec and seconded by Councilman Retzlaff to enter Executive
Session to discuss litigation. Town Board, Town Attorney, and Town Clerk to attend. This
motion was CARRIED: AYES 5 NAYS 0.
Moved by Councilman Helwig and seconded by Councilman Gerbec to conclude Executive
Session at 9:49 pm. No action was taken. Discussed Litigation matters. This motion was
CARRIED: AYES 5 NAYS 0.
May 15, 2017: There will be an Executive Session to discuss litigation after Public Input.
Moved by Councilman Gerbec and seconded by Supervisor Cliffe to enter Executive Session
at 9:10 pm with the Town Board, Town Attorney, and Town Clerk to discuss litigation matters.
This motion was CARRIED: AYES 5 NAYS 0.
Moved by Councilman Helwig and seconded by Councilman Doucet to come out of Executive
Session at 9:29 pm. Discussed matters of litigation, no action was taken. This motion was
CARRIED: AYES 5 NAYS 0.
14
June 5, 2017: There will be an Executive Session to discuss litigation after Public Input.
Moved by Councilman Gerbec and seconded by Supervisor Cliffe to enter Executive Session
at 9:01 pm to discuss litigation matters. This motion was CARRIED: AYES 5 NAYS 0.
Moved by Councilman Helwig and seconded by Councilman Doucet to come out of Executive
Session at 9:37 pm. Discussed litigation, no action taken. This motion was CARRIED: AYES 5
NAYS 0.
15

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Buffalo Niagara Coalition

BEHIND CLOSED DOORS

October 25, 2017

Brian Hellner Vice President

James Tricoli Vice President

Edward McKee Treasurer

Joseph Kissel Secretary

Jonathan Manes, Esq. Director

Michael Kless Director

This report focuses on the holding of executive sessions by local governments.

How often executive sessions are being held;

105. Conduct of executive sessions.

1. Upon a majority vote of its total membership, taken in an

b. any matter which may disclose the identity of a law

c. information relating to current or future investigation

d. discussions regarding proposed, pending or current

e. collective negotiations pursuant to article fourteen of

f. the medical, financial, credit or employment history of

g. the preparation, grading or administration of

h. the proposed acquisition, sale or lease of real property

2. Attendance at an executive session shall be permitted to

Number of Executive Sessions Held by Municipality:

Kudos to the Erie County Legislature, Buffalo Common Council, North

Hours Spent in Executive Session (Avg. 6.7 hours)

West Seneca 12.5

Attached as Appendix A, listed in alphabetical order are the executive session

Compliance with the Open Meetings Law

I move to enter into an executive session to discuss the employment history of a

EXECUTIVE SESSIONS STUDIED IN

The two motions done correctly are highlighted in bold.

No Executive Sessions held.

1/24/17 Work Session

2/14/17 Work Session

3/14/17 Work Session & Board Meeting

4/11/17 Work Session

4/25/17 Work Session

5/9/17 Work Session

5/23/17 Work Session

6/13/17 Work Session

6/27/17 Work Session

No Executive Sessions held.

1/3/17 Board Meeting

3/6/17 Board Meeting

5/15/17 Board Meeting

6/19/17 Board Meeting

Discussion on a matter concerning employment status of individual / collective bargaining and

Issued Discussed: Water Department Contract

Issues Discussed: Potential litigation.

No Executive Sessions held.

4/19/17, MOTION (2017-90) to enter executive session at 2: 10 p. m. for the purpose of

5/1/17, MOTION (2017-102) to enter executive session at 1: 48 p. m. for the purpose of

5/17/17, MOTION (2017-117) to enter executive session at 2: 01 p. m. for the purpose of

NIAGARA COUNTY LEGISLATURE

4/4/17 Motion to enter into executive session. (no reason stated)

No Executive Sessions held.

No Executive Sessions held.

1/9/17 Work Session

2/6/17 Work Session

Ayes: All Noes: None Motion Carried

The board members returned from executive session at 9:30 P.M.

5/8/17 Work Session

5/22/17 Board Meeting

6/12/17 Work Session