Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
What topics do you want addressed by Judge Latwin? Tell us.
By Joe Latwin
To maintain a democratic society, public business must be performed in an open and public manner. Citizens of this state must be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy. The Public Officers Law requires that “every meeting of a public body shall be open to the general public, except that an executive session of such body may be called and business transacted thereat.”
“Upon a majority vote of its total membership, taken in an open meeting upon a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session only for the enumerated purposes set forth in the Public Officers Law, but no action by formal vote shall be taken to appropriate public moneys.
The permitted subjects of an Executive Session are to allow a public body to operate without creating a competitive disadvantage to the pubic body or create safety risks. Those items are:
- matters which will imperil the public safety if disclosed. You don’t want to have to discuss the blueprints of a bank’s vault;
- any matter which may disclose the identity of a law enforcement agent or informer. Confidential informers won’t last long or be of value to prevent crimes if you out them.;
- information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed. If drug dealers get to know when their meth lab is going to be raided, chances are the raid will not be successful. Places can be booby trapped; evidence destroyed.;
- discussions regarding proposed, pending or current litigation. Do you want to let the other side know what your tactics or strategy in a court case, or settlement parameters are.;
- collective negotiations pursuant to article fourteen of the civil service law. You don’t want to signal you negotiating posture during labor negotiations.;
- 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. Factors preliminary to the hiring, firing or discipline of employees are gossip until a decision is made.;
- the preparation, grading or administration of examinations. It would negate the value of exams if the questions, answers, and details of how the test is given are available. We used to call that cheating.; and
- 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. If you know the government wants to acquire property, you can underbid it or block the sale by encumbering a right that would defeat the value of the property.
Minutes shall be taken at executive sessions of any action that is taken by formal vote which shall consist of a record or summary of the final determination of such action. Minutes of executive sessions must be available to the public within one week from the date of the executive session.
