March 15, 2002
Bob Freeman, Executive Director
State Dept. Committee On Open Government
162 Washington Avenue
Albany, NY 12231
518-474-2518
By FAX: 518-474-1927
Dear Mr. Freeman:
I am writing on behalf of the West Flushing Civic Association, and as an advocate for Open Government for the people of Flushing living within the boundaries of Community Board 7.
At our February meeting, we decided that it would be in our best interest to attend District Service Cabinet Meetings held monthly by the District Manager of Community Board 7, in view of the fact that many of our problems dealt with environmental, sanitation, safety, and other quality of life issues that are under the purview of city agencies represented at these meetings, presumably held to assess and improve the delivery of their respective services to our area.
The district manager of Community Board 7 in Queens has denied our request to attend these meetings. The reason, conveyed by the deputy district manager, was that if we were allowed to attend, other civic groups would have to be invited also, and the room was too small. I seek your opinion as to whether such denial constitutes a violation of the Open Meetings Law governing the state and city of New York. In addition, I am requesting information on how the state Open Meetings Law is enforced.
The district manager of a community board in New York City is charged with the responsibility of presiding at District Service Cabinet Meetings, according to a Handbook For Community Board Members published by the Community Assistance Unit of the Mayor’s Office. The City Charter establishes a District Service Cabinet (DSC) in each community board district.
The District Service Cabinet consists of one or more representatives from various agencies, such as Parks Department, Sanitation Department, Police, Fire, etc, as well as City Council members whose council districts are partially or wholly located within a community board’s boundaries. The number of representatives from each agency varies with agency, based on information in the handbook, but is generally two per agency, based on sources who have attended these meetings held by Community Board 7. In the case of Community Board 7-Queens, two council districts are included, and therefore two Council members are entitled to be present or to send a representative.
The policy of Community Board 7 has been to invite representatives from local business groups, but deny notification and/or access to the public and to representatives of civic groups representing residents. This is clearly discriminatory, and may also result in agency heads developing a greater awareness of the needs of business interests over those of residents.
By contrast, Community Board 9 serving Harlem in Manhattan, opens its DSC meetings to everyone. The district manager of CB9-Manhattan told me that anyone is welcome to attend and observe, and need only to notify him in advance if he or she wants to be put on the agenda to speak.
The people of Flushing deserve no less.
If the Open Meetings Law protects us from the abuses cited here, please let us know why it is not being enforced and how it can and will be enforced to secure our rights to Open Government.
If the existing law is not adequate to protect our rights to Open Government, please let us know specifically why, so that we can ask our legislators to improve it.
Thank you.
Sincerely,
Richard Jannaccio
P.O. Box 7770
Flushing, NY 11352
(718) 460-9248
richardjannaccio@yahoo.com
Cc: Mayor Mike Bloomberg
B.P. Helen Marshall
State Sen. Toby Ann Stavisky
Assemblyman Brian McLaughlin
Council member John C. Liu
Other interested parties
Local press