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It's good to hear Janet Bowman, Ellicott town supervisor, say she is open to further public discussion about the elimination of an Ellicott town judge position.
We reiterate our prior opinion that a referendum vote to rescind the Ellicott Town Board's prior action shouldn't be needed. The board can reverse itself while leading a true open process that justifies its decision to streamline the town's courts.
Now, on the subject of that "open" meeting.
Bowman said in response to an inquiry by The Post-Journal that the resolution wasn't on the agenda, but that the resolution was taken up under new business and voted on in open session.
"Comments inaccurately implied the resolution regarding the elimination of a town justice position was passed improperly and in violation of the Open Meetings Law," Bowman said.
Bowman is right. The resolution itself was passed in open session. But the process couldn't have been conducted any more privately had the board called a meeting in the middle of a rowboat in Chautauqua Lake. Bowman states the board had been reviewing the court's operations -- so why couldn't the issue have been placed on the agenda so people knew a decision was coming? And, board members could have added the item to the agenda on March 13 under new business and immediately tabled it so town residents had time to digest the issue and comment if they so chose at the next regularly scheduled meeting.
Even further, we agree wholeheartedly with Paul Wolf, president of the New York Coalition For Open Government, who told The Post-Journal talks over whether Ellicott should have one town justice or two is an important policy and budget decision that should have been discussed in public. Executive session can be used to discuss the "medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation." That doesn't define the elimination of a position or the way that decision impacts a municipal budget. Eliminating a town judge position is the very debate that is supposed to happen in open session, not behind closed doors after a secretive process. A pair of experts in the field agreed with our interpretation of the law, as was reported last week in The Post-Journal.
We would say town residents upset with the way this matter was handled should remember this fiasco in November when they go to vote. But there are no challengers to any Ellicott elected official on the ballot in November. These are the board members and supervisor you have chosen, Ellicott. It's up to you to hold their feet to the fire.