Stealing our Democratic rights: Open Meeting Law explained

That's a mouthful! Sounds criminal almost, doesn't it? So deceptive, abusive and clandestine. 
Eh, I don't actually know if Civil violations of State Law are criminal, turns out I'm not a high level attorney, like the ones our tax dollars help our district pay for, I'm just a parent who can read. 

I've read at least three full pages, focusing on no more than three paragraphs, to understand how broken the government of our school is. How severe the abuse of power in our district is. 

So, let's review, it turns out, we pay taxes, we elect BOE members.... WE  HAVE RIGHTS..schools are public business, OUR business.
First off, there's an entire organization in the State Department that does nothing but focus on these rights for us. It's that really important agency whose name KW couldn't remember at the February 23rd BOE meeting? In her defense, why would she, or the BOE know it? It's not like they operate by it's guidelines.
THE COOG.....or less entertainingly, The Committee on Open Government. 
So, those paragraphs that I read, first, what is OML?

§100. Legislative declaration.
It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and that the citizens of this state 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 people must be able to remain informed if they are to retain control over those who are their public servants. It is the only climate under which the commonweal will prosper and enable the governmental process to operate for the benefit of those who created it.

§101. Short title. This article shall be known and may be cited as "Open Meetings Law".

Beautiful! Turns out, school business: covered under OML.
So, when KWMR send a letter home, respond to us on the website, that they have decided....oh no, sorry, that's a typo, I mean discussed, gutting our Elementary school for TWO YEARS NOW.....clearly, that's public business. Look at how we showed up when the letter came home. So where is the record of these many discussions? These things can only be discussed in a publicly convened open meeting, you know, so that we can 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 people must be able to remain informed if they are to retain control over those who are their public servants."

Did I miss something?  Let me check the past TWO YEARS of BOE meeting agendas and notes....anything hinting at discussions about reorganizing our Elementary School? Creating a new ASSistant CSE chair? The need for that? The funding for that? Our school being down to one Administrator? Removing an effective Principal from his job? Creating some random District level position to stash him in while friends or other suck ups get these jobs? NOPE...NOT A PEEP

Why not? drummmmmm rollllllll EXECUTIVE SESSION
What the heck does that mean anyways? Oh, that's the thing our BOE schedules (illegally) ahead of time, to discuss, plan, vote on whatever they want. Excluding us from our democratic rights. It's that simple. Here are the reasons why, legally, an executive session can be held, AFTER being proposed in Open Meeting:

§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: 
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.

What has our BOE been giving as a reason to enter into Executive Session? "Personnel Matters". What rehearsed reason have the President and BOE members given us for not including us in the dialogue or decision making process for our schools? "Personnel Matters". Again, as a member of society that can READ....I do not see PERSONNEL MATTERS listed anywhere, in the LAW as a valid reason to enter into executive session. 
Maybe, if I look really hard, I'll find further clarification, or maybe if I simply search "executive session", I'll get this:

February, 2012 - Recent Appellate Division decision regarding the specificity of motions for entry into executive session

The Open Meetings Law requires that a motion for entry into executive session must indicate the subject or subjects to be discussed. Based on a recent decision of the Appellate Division, as well as earlier decisions, a motion cannot merely parrot the language of a statutory ground for conducting an executive session. It is clear that describing an issue as a “personnel matter,” a “legal matter,” or “contracts,” without more, is inadequate and fails to comply with law. In short, the decision confirms that a motion to conduct an executive session should include information sufficient to enable the public to believe that there is a valid basis for closing the doors.

We note the recent decision in Zehner v Board of Education of Jordan-Elbridge Central School District, in which the Appellate Division affirmed that the lower court

“… properly determined that respondent violated the Open Meetings Law on three occasions by merely reciting statutory categories for going into executive session without setting forth more precise reasons for doing so. Given the overriding purpose of the Open Meetings Law, section 105 is to be strictly construed, and the real purpose of an executive session will be carefully scrutinized ‘lest the … mandate [of the Open Meetings Law] be thwarted by thinly veiled references to the areas delineated thereunder’ (Daily Gazette Co. v Town Bd., Town of Cobleskill, 111 Misc2d 303, 304 [Sup Ct, Schoharie County 1981]; see e.g. Gordon v Village of Monticello, 87 NY2d 207 AD2d 55.” Zehner v Board of Education of Jordan-Elbridge Central School District, Appellate Division, 4th Dept, January 31, 2012.

Good news is, our BOE isn't the only one that's been screwing this up, they are however, one of the few that CONTINUE to screw it up for the past THREE years. Those expensive lawyers that our tax dollars pay for? They keep their clients informed of this information. 
If even one time, over the past two years, there had been a hint at disciplinary discussions, a hint at hiring an under-qualified CSE chair, the ascension plan of KWMR, if we had been given the rights, guaranteed us by the Department of State under Open Meeting Law, we would have shown up, we would have demanded a different plan. 

It's why legally, all of these decisions voted on, based on information withheld from the public, are invalid. They are voidable by law. 

We did inform the BOE and KW of this early on in February, it's why a few things changed in how the agenda looked, in their reasons for entering executive session. Weird, they forgot to thank us. 
They still entered executive session multiple times, in which they likely discussed our outcry and displeasure with the letter and pending votes, that business, was PUBLIC business! They didn't have three executive sessions to discuss false disciplinary claims.

If you want more information:
Open Meeting Law

2012 Appellate Division Decision

HCSD BOE records, detailing tonnage of OML violations

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