As you know, the New York State Department of Health (NYSDOH) recently published its decision to approve the county’s previously undisclosed plan to close the Adult Care Center (ACC), a matter you and colleagues are now free to openly discuss.  And because I wasn’t in the room, I can only assume folks from the county attorney’s office were there during that 26 March meeting when, as you recently told us, you and some of your colleagues decided to close the ACC.  

While a record of that decision remains to be produced for public review, of great concern is the manner in which phase three of this ambush occurred—phases one and two appear clear.

In other words, did you and colleagues disregard guidance from counsel before triggering the NYSDOH tripwire prohibiting you from publicly discussing the ACC closure prior to the agency’s announcement, or did counsel fail to provide that guidance?

If you disregarded counsel’s guidance, why then did you recently announce that until NYSDOH’s decision in August, its regulations prohibited your public mention of related matters, rather than acknowledging you made that avoidable choice? 

If, however, counsel failed to provide adequate guidance, that’s also cause for great concern. 

As I mentioned, phases one and two of the ambush are clear.  As noted in meeting minutes for the 26 March special meeting of the county legislature, you and colleagues entered into executive session “to discuss contracts.”  However, as the county attorney knows, discussion of contracts alone is not a permissible ground for entering executive session pursuant to OML § 105(1) (of the Open Meetings Law).  And while OML § 108 provides certain exemptions, including any matter made confidential by federal or state law, as chair of this legislature, your participation in improperly entering into executive session to exploit that exemption is another regrettable example of your deceitful behavior unworthy of the public position you hold—a point I trust you and voters in your district won’t forget.

Dave Colavito
Rock Hill, NY