Village of
New York Mills
Oneida County, NY

October 23, 2008: Special Meeting


Mayor Maciol opened the special meeting at 7:15 PM with the pledge to the flag and roll call.

Present: Mayor Maciol, Trustee Bialek, Trustee Jarosz, Trustee McCoy and Trustee Semeniak

Mayor Maciol opened the meeting by stating an e-mail was received and opened on October 16, 2008 by Office Assistance Teena Kaczor while the Village Clerk/Treasurer was on vacation. The e-mail was from Courtney Potts appealing the village's decision not to release a copy of the report on an investigation into former Village Police Chief Bradley Frankland completed by Amric Associates and received by Mayor Maciol on Friday September 5, 2008. The Village Board is the Appeals Board and this meeting had to take place within ten (10) days of receiving the appeal notification.

Courtney was given the floor and stated she was appealing the board's decision because she believes Section 50-A does not apply in this instance.  That belief is supported by existing case law as well as the opinion of Robert Freeman, executive director of the state Committee on Open Government.  See attached letter.

Courtney is asking the Village Board to reverse their decision and release the report.

Village Attorney Borrill stated other agencies have disagreed with Robert Freeman's opinion. AO 16-260 - Committee on Open Government.  The release of the investigation report would not be disclosed, no decision was made due to his retirement.

Comments from the Board:

Trustee Bialek feels that being that the report did not have any bearing on Chief Frankland's retirement, he feels the 50-A does not apply.

Trustee Jarosz respects Attorney's Borrill decision not to release the report.

Trustee Semeniak is also not in favor of releasing the report.

Trustee McCoy has not heard any reason to change his mind about releasing the report.

Mayor Maciol feels releasing the report is an invasion of privacy and agrees with the Village Attorneys opinion regarding the 50-a section.  Does not feel we should release the report.

Resolution 106-2008 - Trustee McCoy made a motion seconded by Trustee Jarosz to deny the FOIL appeal dated October 16, 2008 to release the investigation report.  All in favor.

Trustee Jarosz stated we have an emergency situation in the Highway Garage.  He has called John Williams to look at the ceiling heating unit that was releasing carbon dioxide into the garage, which had since been turned off.

Resolution 107-2008 - Trustee Semeniak made a motion seconded by Trustee Bialek to allow Trustee Jarosz to get units fixed following our procurement policy.

Trustee McCoy made a motion seconded by Trustee Jarosz to adjourn the meeting.

Mayor Maciol adjourned the meeting at 7:35 PM.                                                                                                                                                                             Respectfully submitted,

                                                                                                Sharon A. Guca

                                                                                                Village Clerk/Treasurer