Executive sessions at risk

MASSENA — Massena Central School District officials say that because their Finance Committee is discussing personnel and staffing cuts that will need to be made in their proposed 2010-11 budget, the meetings are not open to the media nor members of the public.

But that in itself is not a legal reason to keep the meetings behind closed doors, according to Robert J. Freeman, executive director of the state Committee on Open Government.

Michael J. LeBire, Finance Committee chairman, informed the district clerk last week that he felt it would be inappropriate to open the meetings, because the committee would be discussing personnel and staffing issues. His comments came after the Courier-Observer informed school officials that it planned to send a reporter to a committee meeting.

"Generally speaking, when the issue involves a budget, there is no basis for conducting it in executive session," Mr. Freeman said.

For example, he said, if the district's financial situation meant cutting one art teacher in an elementary school, "everybody knows who it is. The issue is not how well or poorly they're doing their job. The issue is how the district decides to allocate public money."

Massena officials also have suggested that the meetings are not open to the public since they do not involve a quorum of the Board of Education. But Mr. Freeman said the quorum requirements for committees are based on the number of members appointed to that committee.

The district's Finance Committee includes Mr. LeBire, Julie L. Reagan and Kevin F. Perretta, all school board members, as well as Superintendent Roger B. Clough II and Assistant Superintendent for Business Cynthia M. Yager.

Mr. Freeman said committee meetings are covered by the state's Open Meetings Law if they include two or more school board members.

"That kind of issue arose soon after the Open Meetings Law was enacted in 1977 and it was amended in 1979," he said.

That amendment made changes to the definition of the phrase "public body," according to Mr. Freeman, with specific references to committees or subcommittees of a public body.

"Even if they're talking about money, how to allocate public money, they're talking about the needs of students in the district," he said.

The Finance Committee is scheduled to meet March 23 to discuss how to deal with a $3.38 million deficit. Without cuts to programs or personnel, that would translate to a 23 percent tax levy increase in the draft 2010-11 spending plan. Every 1 percent increase in the tax levy raises $147,000.

The current tax rate is $18.80 per $1,000 of assessed value.

To reduce the increase in the levy, the Board of Education is looking at 20 to 40 job cuts, along with reductions in overtime, substitutes and tutors. The cuts would be made through attrition and layoffs.

The district is looking at $1.28 million in increased expenditures and $2.1 million in revenue reductions such as state aid and interest earnings, leaving a gap of $3.38 million.

Board members will review the spending plan March 25, approve it April 19 and hold a public hearing May 6. The annual budget vote is scheduled for May 18.