Concerned Hamburger was notified that Cubby, King Boar Yoviene and his sounder of Flynn, Collins and Heeter called a private "conference" aka illegal school board meeting with the Hamburg Teachers Association.
The illegal meeting will be held Monday, March 24, 2014 at 6 p.m. at Hamburg Administration Building.
King Boar and Cubby intentionally excluded Sally Stephenson, Holly Balaya and Catherine Schrauth- Forcucci from the meeting. Oddly, it was Stephenson and Balaya who at last weeks community budget meeting requested a special meeting tomorrow night to continue to hash out the $2.3 million dollar deficit. This suggestion was made in response to the cry for help by Haus frau Heeter, who admitted she never "did" a budget before and she just doesn't know what to do. Despite Heeter's plea for help, Stephenson and Balaya were shot down, and no meeting for this week was scheduled in public. The meeting was instead planned in a clandestine manner with the intention of excluding Stephenson, Balaya and Shrauth-Forcucci.
When asked about the unannounced meeting, King Boar Yoviene stated that the NEW Hamburg School District attorney, Hodgson Russ, approved the illegal meeting by providing the advice to King Boar that the meeting is a conference NOT a school board meeting.
Concerned disagrees, and so should anyone who can read the New York State Public Officers Law Article 7 Sections 104 and 108 ( New York State Open Meetings Law).
Section 104 clearly states the requirements for notifying a public meeting:
§104. Public notice.
1. Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be given to the news media and shall be conspicuously posted in one or more designated public locations at least seventy-two hours before such meeting.
2. Public notice of the time and place of every other meeting shall be given, to the extent practicable, to the news media and shall be conspicuously posted in one or more designated public locations at a reasonable time prior thereto.
3. The public notice provided for by this section shall not be construed to require publication as a legal notice.
4. If videoconferencing is used to conduct a meeting, the public notice for the meeting shall inform the public that videoconferencing will be used, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations.
5. When a public body has the ability to do so, notice of the time and place of a meeting given in accordance with subdivision one or two of this section, shall also be conspicuously posted on the public body's internet website.
Now let us turn our attention to New York State Public Officers Law, Article 7 Section 108 for legal exemptions to the notification rules of notification:
2. a. deliberations of political committees, conferences and caucuses.b. for purposes of this section, the deliberations of political committees, conferences and caucuses means a private meeting of members of the senate or assembly of the state of New York, or of the legislative body of a county, city, town or village, who are members or adherents of the same political party, without regard to
(ii) the majority or minority status of such political committees, conferences and caucuses or
(iii) whether such political committees, conferences and caucuses invite staff or guests to participate in their deliberations;
i) the subject matter under discussion, including discussions of public business,
It is shocking to any literate person that the legal counsel of the school district would provide such poor advice to King Boar Yoviene. The meeting planned at the Hamburg Administration Building this evening is illegal- plain and simple.
Three years ago, the Hamburg Central School district got its collective hands slapped for violating New York State Open Meetings Laws. It seems that Cubby and King Boar just do as they damn well please with little regard for the law. It is almost impossible to conceive that any attorney in New York State would provide advice to Cubby and King Boar that this evening's planned meeting is OK, because it falls under the conference exemption.
Surely it is hoped that one of the three school board members who were intentionally excluded* from this meeting will file and Article 78 in New York State Supreme Court to once again slap the hands of
the out of control and inexperienced Cubby and King Boar.
* Cubby and King Boar, just in case you missed the news, Commissioner King didn't throw Stephenson and Balaya off the the school board despite the theatrics of local attorney Mr. Daniel Chiacchia.