Present and accounted for

 

Queens Post 

Community Board 2 returned from summer break on Thursday, Sept. 7, at Sunnyside Community Services to discuss New York state’s Open Meetings Law with Allan Swisher, the general counsel and a senior policy advisor for the office of Queens Borough President Donovan Richards.

The law, which applies to all public bodies, makes it mandatory for community boards to meet in person. This requirement, however, ultimately fell victim to the COVID-19 pandemic in 2020, as then-Gov. Andrew Cuomo passed an executive order suspending particular provisions of the law as it related to in-person attendance.

“That was the status quo for about two years,” Swisher said. “The reason why public bodies, including community boards, are now back in person is because of the Open Meetings Law and reverting back to the status quo that existed before COVID hit.”

According to Swisher, the New York state Legislature amended the Open Meetings Law to include a provision allowing public bodies to meet “fully remotely” if an emergency order that prevented people from gathering in public were to come about. Until then, both Gov. Kathy Hochul and Mayor Eric Adams had emergency orders that related to COVID-19 in effect.

“That was the basis by which public bodies, like CB 2, were permitted to meet remotely,” Swisher explained. “That emergency order expired in July, which is why we’re in person now here today.”

Despite the return to in-person meetings, Swisher explained further to CB 2 that while meeting fully remotely is reserved for emergency orders, remote participation in meetings is still possible under “very specific, limited circumstances” with another provision that was added in 2022.

CB 2, along with any other community board, would have to pass a resolution that allows its members to participate remotely under “extraordinary circumstances,” which can include disability, illness, caregiver responsibilities, a tragedy, or something specific that “would prevent people from getting to a meeting.”

Why did CB3 try to meet in secret about the USTA project?

From the Queens Chronicle:

Community Board 3’s March 13 public hearing featured the expected theatrics of a Uniform Land Use Review Procedure applicant presenting a contentious plan for Flushing Meadows Corona Park: angry statements, slideshow presentations and the odd round of applause.

But there was a second show going on. In the idealistic world of open meetings, laws and light being shone on public documents, CB 3 has been the oddball.

The all-volunteer board has a history of thwarting press attempts for access to documents, and even for taking photos at meetings.

During its vote on the United States Tennis Association’s expansion within the park, Chairwoman Marta Lebreton took to hiding behind a sheet of paper when a camera lens faced her direction.

Fair game. But Lebreton also rebuffed a Chronicle editor who asked to obtain a copy of the motion voted on that evening by the board.

The state Open Meetings Law says all documents discussed at open meetings must be available, though a board can charge a “reasonable” fee for copies.

The board’s attempts to limit public access allegedly go beyond holding back records. Two parks advocates have filed a complaint against the board for allegedly acting unlawfully.

A letter from Robert LoScalzo and Alfredo Centola, addressed to Queens Community Board Director Barry Grodenchik, claims the board did not properly alert the public or press about a committee meeting on the USTA proposal held March 5.



A review of the board’s website shows no record of the meeting.

Geoffrey Croft, the president of NYC Park Advocates, plans to file a complaint later this week.

“If they have a website and it’s easy to post, and they do not, then that would be failure to comply with the law,” said Robert Freeman, executive director of the New York State Committee on Open Government.

The letter goes on to say that a CB 3 staff member told LoScalzo and Centola, “There is not a meeting.” When they followed up, a staff member said “[I’m] not allowed to say anything.”

CB3 Telephone Transcript EXCERPTS

The Open Meetings Law’s provisions on meeting notification are threefold — community boards must give notice of meetings to media outlets, designated public locations and, if possible, put them online.

Additionally, the complaint alleges the board did not give documents to the public and attempted to prevent photography.

LoScalzo and Centola ask in their letter that Lebreton be removed from the board and District Manager Giovanna Reid be formally disciplined.

The letter has been referred to the borough president’s board and a response has been requested from CB 3, Queens borough president spokesman Dan Andrews said.

“We got a seven-page letter alleging certain things. We are doing what we should be doing. We reached out to our legal person. These are allegations,” Andrews said.

The borough president’s board has authority over Lebreton, but not Reid, who is an employee of CB 3.



This is a photo of Barry Grodenchik talking over the situation with Giovanna Reid and Marta Lebreton, who couldn't hide from the camera this time. Barry, you better do something about this. You're currently in charge of community boards and running for borough president, after all, and you don't want potential voters to think you support dishonest practices. We're certainly going to be staying on top of this one.

Remember, folks, the government has the responsibility to let the sunshine in, but since they can't be trusted, it falls on us to make sure they do. Did the CB's marching orders come from Julissa or Barry? We'll get to the bottom of it. Everybody sing!

CB7 votes yes when they mean no and CB3 attempts secret meeting

From A Walk in the Park:

Last night Community Board 7's Park Committee overwhelmingly voted to approve the USTA's $ 500 million expansion. The approval was conditioned upon the tennis giant establishing a capital fund of $15 million and an annual maintenance fund of $ 300,000 to be used exclusively for Flushing Meadows-Corona Park.

The board enacted the destroying parks in order to "Save Them" policy last night despite strong community opposition. A flyer was circulated before the meeting reminding the board that is was the government responsibility to fund parks not private business. Apparently they were not swayed.

The Parks Committee voted 8 - 3 in favor of the USTA land grab becoming the first parks committee to give the green light for the controversial project.

For weeks CB 7 leadership have been pressing for the cash for public park land swap deal but this was the first time they put an actual price tag on it. 1st Vice Chairperson Chuck Apelian finally publically put a proposed number on the deal.

Mr. Apelian and CB 7 Chair Eugene Kelty continued to push for extracting funds from the USTA for the park and formed much of the motion.

The motion was approved with various conditions including discount access to USTA facilities for seniors and children.

The oversite of such a fund would include a member of each of the impacted community boards.

Minutes before the vote committee chair Kim O'Hanian said there's no point in voting "no", because Queens Borough President Helen Marshall and City Council Julissa Ferreras are going to vote "yes" anyway.

Also from A Walk in the Park:

Various Community Board 3 committees voted to reject the USTA's $ 500 million expansion on Tuesday night.

A joint meeting of CB3 committees assigned to the proposal - Parks, Land Use, Transportation and Business Development, voted 11 to 9 recommending no to the full board on the USTA application.

The committees' no vote will be accompanied by an upcoming list of recommendations the CB wants but which the USTA has not committed. The list to going to be drafted between now and the full board meeting on March 14. The majority of committee members felt that a "No" recommendation will be taken more seriously when it came time for the elected officials to negotiate with USTA, than a "Yes" with conditions because the "Yes" is all that is noticed.

It is a violation of the Open Meeting Law to refuse to provide basic information regarding public meetings.

Three people called Community Board 3 to find out whether there was a meeting involving the USTA and whether or not there was going to be a vote. All three were denied that information by CB employees including by the Chair person, Marta Lebreton, according to multiple sources. The board refused to confirm or deny the scheduling of meeting and instead informed people of the March 14th meeting.

One employee said she was forbidden to give out the info and said she was "not allowed to say." This is very disturbing.

Giovanna Reid, the board's District Manager confirmed at 4:59 - 90 minutes prior to the start - that the meeting was happening after receiving additional calls including from other media.

I asked Ms. Reid if they were going to be voting at the meeting and she replied "no," twice.

When I replied that that was not accurate she suddenly changed her story and replied,

"Oh well yes that is the plan, they are going to vote," she said.

It was raised once again, although other committee meetings were listed on the website this one was not. Ms. Reid replied she did not know anything about it and that they have a webmaster who tends to those issues.

Public meetings are open to the public. It is a very serious matter when any community board or its chairperson deliberately refuses to disclose facts about a meeting that are necessary for the public to plan to attend it.