Village Board and their conduct and minutes continue to be a public embarrassment illegal, and an attempt by them to keep a dark cloak of secrecy between them and their constituents (the people).
Again, we see public conversation, the people's business being conducted behind closed doors. Illegal entrance into executive sessions by not opening public meeting first and for " Discussions" of show's total ineptness, understanding, and contempt. What are they afraid of, what are they trying to hide and whom are they trying to protect?
Executive sessions as outlined by Opening Meeting Laws, have a very narrow and well-defined parameters in which elected officials can operate. Discussions of Civil Service law are not one of them. Article 14 of the Civil service law in New York State deals primarily with Public Employees Fair Employment Act:
Article 14 of Civil Service law
200. Statement of policy. The legislature of the state of New York declares that it is the public policy of the state and the purpose of this act to promote harmonious and cooperative relationships between government and its employees and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government.
These policies are best effectuated by (a) granting to public employees the right of organization and representation, (b) requiring the state, local governments and other political subdivisions to negotiate with, and enter into written agreements with employee organizations representing public employees which have been certified or recognized, (c) encouraging such public employers and such employee organizations to agree upon procedures for resolving disputes, (d) creating a public employment relations board to assist in resolving disputes between public employees and public employers, and (e) continuing the prohibition against strikes by public employees and providing remedies for violations of such prohibition.
Don't see anything here that requires discussions to take place in executive session as prescribed by NYS OML, in secret without public knowledge and or participation.
Once again why the secrecy? What are they trying to hide. The first I would submit is self-public embarrassment, open session would disclose the ineptness, and lack of knowledge. Discussions would indicate how a member of the VB thinks, what his concerns and or answers might be, in other words why he may come to a reasonable conclusion. Why be afraid to disclose this, first part embarrassment self-evident, the second disclosing and or hinting to the public a particular stance and why conclusions , are dangerous to individuals/ elected officials seeking self-preservation, power, and or alternate motives of that of serving and carrying out the will of the people.
The same question, why are minutes not detailed nor discussions reported instead of just listed as discussed and or Reports reviewed and accepted, The same Answers, ineptness, fear, and lack of disregard for the people, There have been at least three separate occasions that the VB has entered into illegal executive session, talks, Special meetings etc., regarding the proclaimed issue and or operations of the Police Department.
Looking beyond the shroud …
What we see unfolding in regards to the VB, Fire and Police departments prelude by the VB, and or all parties to formally enter into an agreement to settle disputes via PERB. I have seen this option only visited two or three times in over 35 years.
The problem as with most government agencies and oversight, no teeth, very weak enforcement mechanisms.
The people are always the losers in that their elected officials have limited power to exercise their governmental rights of management and policy oversight( the will of the people). Public employees( civil servants)Police officers etc., in return feel that they are not allowed to perform their sworn duties with out retribution. Whose right? Ultimately the Supreme Court of the State, and again the losers the people in costs and lack of harmony, continuity in providing governmental services.
The people are always the losers in that their elected officials have limited power to exercise their governmental rights of management and policy oversight( the will of the people). Public employees( civil servants)Police officers etc., in return feel that they are not allowed to perform their sworn duties with out retribution. Whose right? Ultimately the Supreme Court of the State. and agin the losers the people in costs and lack of harmony, continuity in providing governmental services.
ALL PARTIES SHOULD BE MINDFUL OF WHO THEY SERVE, HARMORNY WITH THE PEOPLE MUST ALSO BE ESTABLISHED AND REMAIN VITAL AND TRUSTWORTHY
New York State Employment Relations Act
Labor Law, Article 20 (This is not the official legal edition of Labor Law, Article 20; that can be found in the Consolidated Laws of New York)
L.2019, c. 105 revised the State Employment Relations Act in a number of ways. Underscored material is new; material in brackets [-] is old law to be omitted. These changes are effective January 1, 2020.
Section:
700 Findings and Policy
In the interpretation and application of this article, and otherwise, it is hereby declared to be the public policy of the state to encourage the practice and procedure of collective bargaining, and to protect employees in the exercise of full freedom of association, self-organization and designation of representatives of their own choosing for the purposes of collective bargaining, or other mutual aid and protection, free from the interference, restraint or coercion of their employers. It is also hereby declared as the public policy of this state that the best interests of the people of the state are served by the prevention or prompt settlement of labor disputes and that the voluntary resolution of such disputes will tend to promote permanent industrial peace and the health, welfare, comfort and safety of the people of the state. Representatives of employers and employees engaged in such disputes are encouraged voluntarily to submit them to the agency created by this article prior to engaging in a strike, lockout or other cessation of employment; and should participate fully and promptly in any meetings which may be arranged by the agency for the purpose of resolving the dispute. To carry out such policy, the necessity for the enactment of the provisions of this article is hereby declared as a matter of legislative determination. All the provisions of this article shall be liberally construed for the accomplishment of this purpose. This article shall be deemed an exercise of the police power of the state for the protection of the public welfare, prosperity, health and peace of the people of the state.
701 Definitions
[Amended effective January 1, 2020 by L.2019, c. 105. Underlined material is new; material in brackets [-] is old law to be omitted.]
When used in this article:
1. The term “person” includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
2. (a) The term “employer” includes any person acting on behalf of or in the interest of an employer, directly or indirectly, with or without his knowledge, and shall include any person who is the purchaser of services performed by a person described in paragraph (b) of subdivision three of this section, but a labor organization or any officer or agent thereof shall only be considered an employer with respect to individuals employed by such organization.
(b) The term “employer” includes agricultural employers. The term “agricultural employer” shall mean any employer engaged in cultivating the soil or in raising or harvesting any agricultural or horticultural commodity including custom harvesting operators, and employers engaged in the business of crops, livestock and livestock products as defined in section three hundred one of the agriculture and markets law, or other similar agricultural enterprises.
3. (a) The term “employees” includes but is not restricted to any individual employed by a labor organization; any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment; and shall not be limited to the employees of a particular employer, unless the article explicitly states otherwise, but shall not include any individual employed by his parent or spouse or in the domestic service of and directly employed, controlled, and paid by any person in his home, any individual whose primary responsibility is the care of a minor child or children and/or someone who lives in the home of a person for the purpose of serving as a companion to a sick, convalescing or elderly person, or any individuals employed only for the duration of a labor dispute, [or any individuals employed as farm laborers] or[,] any individual who participates in and receives rehabilitative or therapeutic services in a charitable non-profit rehabilitation facility or sheltered workshop or any individual employed in a charitable non-profit rehabilitation facility or sheltered workshop who has received rehabilitative or therapeutic services and whose capacity to perform the work for which he or she is engaged is substantially impaired by physical or mental deficiency or injury.
(b) The term “employee” shall also include a professional musician or a person otherwise engaged in the performing arts who performs services as such. “Engaged in the performing arts” shall mean performing services in connection with production of or performance in any artistic endeavor which requires artistic or technical skill or expertise.
(c) The term “employee” shall also include farm laborers. “Farm laborers” shall mean any individual engaged or permitted by an employer to work on a farm, except the parent, spouse, child, or other member of the employer’s immediate family.
4. The term “representatives” includes a labor organization or an individual whether or not employed by the employer of those whom he represents.
5. The term “labor organization” means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection and which is not a company union as defined herein.
6. The term “company union” means any committee, employee representation plan or association of employees which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms and conditions of employment, which the employer has initiated or created or whose initiation or creation he has suggested, participated in or in the formulation of whose governing rules or policies or the conducting of whose management, operations or elections the employer participates in or supervises or which the employer maintains, finances, controls, dominates, or assists in maintaining or financing, whether by compensating anyone for services performed in its behalf or by donating free services, equipment, materials, office or meeting space or anything else of value, or by any other means.
7. The term “unfair labor practice” means only those unfair labor practices listed in section seven hundred four.
8. The term “labor dispute” includes, but is not restricted to, any controversy between employers and employees or their representatives as defined in this section concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to negotiate, fix, maintain or change terms or conditions of employment, or concerning the violation of any of the rights granted or affirmed by this article, regardless of whether the disputants stand in the proximate relation of employer and employee.
9. The term “board” means the public employment relations board created by section two hundred five of the civil service law, in carrying out its functions under this article.
10. The term “policies of this article” means the policies set forth in section seven hundred.
11. The term “non-profitmaking hospital or residential care center” means an organized residential facility for the medical diagnosis, treatment and care of illness, disease, injury, infirmity or deformity, or a residential facility providing nursing care or care of the aged or dependent children, or a facility for the prevention of cruelty to children or animals, which is located anywhere in the state and which is maintained and operated by an association or corporation, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
12. The term “employee of a non-profitmaking hospital or residential care center” means any person employed or permitted to work by or at a non-profitmaking hospital or residential care center but shall not include any person employed or permitted to work: (a) in or for such a non-profitmaking hospital or residential care center, which work is incidental to or in return for charitable aid conferred upon such individual and not under any express contract of hire; or (b) as a volunteer.
702 Special Mediators
The board may, when necessary, appoint or designate special mediators who shall have the authority and power of members of the board with regard to such matter, provided that their authority and power to act for the board shall cease upon the conclusion of the specific matter so assigned to them or by revocation by the board of their appointment or designation. Such special mediators shall, when performing the work of the board as aforesaid, be compensated at a rate to be determined by the board subject to the approval of the director of budget, together with an allowance for actual and necessary expenses incurred in the discharge of their duties hereunder.
1. Upon its own motion, in an existing, imminent or threatened labor dispute, the board may and, upon the direction of the governor, the board shall take such steps as it may deem expedient to effect a voluntary, amicable and expeditious adjustment and settlement of the differences and issues between employer and employees which have precipitated or culminated in or threatened to precipitate or culminate in such labor dispute. In providing its services, the board shall take into consideration and make all parties aware of the availability of other mediation services, such as the federal mediation and conciliation service, and shall make every effort to give priority to those parties which do not have access to such other services. To this end, it shall be the duty of the board: (a) to arrange for, hold, adjourn, or reconvene a conference or conferences between the disputants and/or one or more of their representatives; (b) to invite the disputants and/or their representative to attend such conferences and submit, either orally or in writing, the grievances of and differences between the disputants; (c) to discuss such grievances and differences with the disputants and their representatives and in the course of such proceeding, upon the consent of all disputants and their representatives, to appoint fact-finding boards and to arbitrate such grievances and differences; and (d) to assist in negotiating and drafting agreements for the adjustment in settlement of such grievances and differences and for the termination or avoidance, as the case may be, of the existing or threatened labor dispute.
2. The board shall have the power at the request of the parties to a collective bargaining agreement between an employer and its employees to arbitrate such grievances and differences as may arise thereunder and to establish panels of qualified persons to be available to serve as arbitrators of such grievances and differences. The board shall promulgate regulations setting forth eligibility requirements for inclusion on such panels, in order to ensure the availability of qualified, accessible, affordable arbitrators.
3. In carrying out any of its work under this article, the board may designate one of its members or an officer or employee of the board to act in its behalf and may delegate to such designee one or more of its duties hereunder and, for such purpose, such designee shall have all of the powers hereby conferred upon the board in connection with the discharge of the duty or duties so delegated.
4. No member or officer of the board having any financial or other interest in a trade, business, industry or occupation in which a labor dispute exists or is threatened and of which the board has taken cognizance, shall be qualified to participate in any way in the acts or efforts of the board in connection with the settlement or avoidance thereof.
5. Members of the board and all other employees of the board, including any arbitrator serving on an arbitration panel established by the board, shall not be compelled to disclose to any administrative or judicial tribunal any information relating to, or acquired in, the course of their official activities under this article, nor shall any reports, minutes, written communications, or other documents of the board pertaining to such information be subject to subpoena; except that where the information so required indicates that the person appearing or who has appeared before the board has been the victim or subject of a crime, said members of the board, the executive secretary and all other employees of the board, including any arbitrator serving on an arbitration panel established by the board, may be required to testify fully in relation thereto upon any examination, trial, or other proceeding in which the commission of a crime is the subject of inquiry.
702-a Settlement of Labor Disputes
1. Upon its own motion, in an existing, imminent or threatened labor dispute, the board may and, upon the direction of the governor, the board shall take such steps as it may deem expedient to effect a voluntary, amicable and expeditious adjustment and settlement of the differences and issues between employer and employees which have precipitated or culminated in or threatened to precipitate or culminate in such labor dispute. In providing its services, the board shall take into consideration and make all parties aware of the availability of other mediation services, such as the federal mediation and conciliation service, and shall make every effort to give priority to those parties which do not have access to such other services. To this end, it shall be the duty of the board: (a) to arrange for, hold, adjourn, or reconvene a conference or conferences between the disputants and/or one or more of their representatives; (b) to invite the disputants and/or their representative to attend such conferences and submit, either orally or in writing, the grievances of and differences between the disputants; (c) to discuss such grievances and differences with the disputants and their representatives and in the course of such proceeding, upon the consent of all disputants and their representatives, to appoint fact-finding boards and to arbitrate such grievances and differences; and (d) to assist in negotiating and drafting agreements for the adjustment in settlement of such grievances and differences and for the termination or avoidance, as the case may be, of the existing or threatened labor dispute.
2. The board shall have the power at the request of the parties to a collective bargaining agreement between an employer and its employees to arbitrate such grievances and differences as may arise thereunder and to establish panels of qualified persons to be available to serve as arbitrators of such grievances and differences. The board shall promulgate regulations setting forth eligibility requirements for inclusion on such panels, in order to ensure the availability of qualified, accessible, affordable arbitrators.
3. In carrying out any of its work under this article, the board may designate one of its members or an officer or employee of the board to act in its behalf and may delegate to such designee one or more of its duties hereunder and, for such purpose, such designee shall have all of the powers hereby conferred upon the board in connection with the discharge of the duty or duties so delegated.
4. No member or officer of the board having any financial or other interest in a trade, business, industry or occupation in which a labor dispute exists or is threatened and of which the board has taken cognizance, shall be qualified to participate in any way in the acts or efforts of the board in connection with the settlement or avoidance thereof.
5. Members of the board and all other employees of the board, including any arbitrator serving on an arbitration panel established by the board, shall not be compelled to disclose to any administrative or judicial tribunal any information relating to, or acquired in, the course of their official activities under this article, nor shall any reports, minutes, written communications, or other documents of the board pertaining to such information be subject to subpoena; except that where the information so required indicates that the person appearing or who has appeared before the board has been the victim or subject of a crime, said members of the board, the executive secretary and all other employees of the board, including any arbitrator serving on an arbitration panel established by the board, may be required to testify fully in relation thereto upon any examination, trial, or other proceeding in which the commission of a crime is the subject of inquiry.
Use the link to read in its entirety
David Murray
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