Comment from Skip Klauber:
I am glad to see the issue of the City’s misuse and outright perversion of “minutes” under the Sunshine Law has again appeared, this time via the Fourth Estate. Thank G-d for that First Amendment, right? ......
There are four members of the present Commission who fail to understand that minutes taken pursuant a policy of purposefully excluding events “embarrassing” to the City do not comply with either the letter or spirit of the Sunshine Law. It makes little difference if you have ten different video feeds of an open public meeting recorded and available via video on demand, if the minutes required by the Sunshine Law are deliberately meant to defeat transparency. How exactly does the “supplement” of a video cure this problem? By allowing anyone with an interest to watch entire Commission meetings, right. Except, if the minutes purposely leave out events, how are you going to know to watch the video to see what occurred regarding that event?
The intended answer to the above is, of course, you won’t know. You will have no reason to watch several hours of video if you do not see in the minutes anything of interest having occurred. And the policy is quite effective in making sure you will not be going through a few hours of video because you know via the minutes something occurred that made, e.g., the Mayor look bad. Nope. That is kept out of the minutes so as to be hush-hush. Actually, pretty close to secret. Its there on the video, but almost nobody knows to look at the video because the event is scrubbed from the minutes.
Even a non-lawyer such as myself can read the brief Sunshine Law and understand what is necessary in minutes: Neutrality and Accuracy. The policy in effect in this City ensures that neither is met.
The above is so easy to understand that, and let’s be candid, you folks must have a pretty good idea you are acting in derogation of “transparency in governance”. One would have to be an imbecile to miss it. With that in mind, I note:
1) The Commission has never requested a written legal opinion from the Weiss & Serota firm on whether the policy for taking minutes complies with the Sunshine Law. All you have is a sort of oral opinion from David Wolpin, Esq., citing no law, and without the full question even being stated. No responsible fiduciaries would be satisfied by that;
2) Because of his conflict of interest, you have never considered having Mr. (Bruce) Loucks employ outside counsel solely for the purpose of providing a written legal opinion, or even simply requesting the written opinion from one of Mr. Wolpin’s Partners;
3) The Commission will never consider requesting an Advisory Opinion from the Attorney General’s Office. And I do not mean this as an obvious “throw-away” point. Both Mayor Ross and Commissioner Mallozzi would appear to have good reason to join with Commissioner Sims and request an Advisory Opinion from the A.G. As an attorney, Mayor Ross’ should have a genuine interest in the bona fides of a City policy that purposefully excludes from minutes notice of information or events embarrassing to the City (i.e., to certain elected officials?). And during 2008, it was Commissioner Mallozzi who was the most forceful advocate against the abbreviation of Commission minutes.
While it may make very good sense that Mayor Ross and Commissioner Mallozzi would seek an Advisory Opinion, they will do nothing. For personal or political reasons they have chosen to adopt a policy quite close to outright censorship, and each properly fears the consequences of the City’s “scrubbing of minutes” policy being scrutinized.
