Paul Wolf, the head of the New York Coalition For Open Government, sent an email to members of the Cambria Town Board on Monday calling on the group to use transparency in filling the vacant Town Supervisor position.
The letter, which he also sent to the press, follows in its entirety:
“Dear Town Board Members:
According to a recent Niagara Gazette article, the Town Board will hold a special meeting on August 28th regarding the vacant Town Supervisor position. Deputy Supervisor Randy Roberts was quoted as saying that the meeting will not include any public discussion, as the Board intends to convene and immediately enter executive session.
As an organization dedicated to promoting open and transparent government, we strongly urge the Town Board to conduct all discussions regarding the Supervisor vacancy in public.
The New York State Committee on Open Government and court decisions have held that addressing vacant elected positions must occur in public, not behind closed doors. In Gordon v. Monticello, the Sullivan County Supreme Court in 1994 rejected the argument that the Open Meetings Law allows a municipal board to use executive sessions when filling a vacant elected office. This decision was appealed and upheld by the Appellate Division. As stated in opinions by the Committee on Open Government, the Court explained:
“Respondents’ reliance on the portion of Section 105(1)(f) which states that a Board in executive session may discuss the ‘appointment…of a particular person…’ is misplaced. … This section should be interpreted as applying only to employees of the municipality and not to appointments to fill the
unexpired terms of elected officials. Certainly, the matter of replacing elected officials should be subject to public input and scrutiny.”
This ruling makes clear that discussing or interviewing candidates for an elected position in executive session violates the Open Meetings Law. Filling such an important position must be done openly, with full public visibility. Applicants for Town Supervisor should welcome the opportunity to present their qualifications and goals in public, just as the Town Board should have no hesitation in questioning, discussing, and voting in an open forum.
Other public bodies across New York have properly addressed vacancies in elected positions without resorting to executive session, including:
- Buffalo School Board (2018)
- Buffalo City Comptroller (2019)
- Potsdam Central School District (2020)
- Ithaca City Council (2021)
- Town of Rochester (2025)
- Rockland School Board (2025)
- New Paltz Town Board (2025)
We respectfully urge the Cambria town board not to proceed with an improper executive session. Instead, we ask that you adopt an open and transparent process that allows the public to observe and participate in the filling of this important office.
Thank you for your attention to this matter.
Sincerely,
Paul W. Wolf, Esq.
President Emeritus
New York Coalition for Open Government”
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