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Saturday, August 17, 2013

NYC DOE Knowingly and Recklessly Violate Open Meetings Law on August 21, 2013

The Agenda below for the Panel For Educational Policy (PEP) shows how the NYC DOE has disdain for NYS Committee on Open Government and Section 105 of the Open Meetings Law. The relevant part of Section 105 is the part about the scheduling of the Executive Session (emphasis added by me):

§105. Conduct of executive sessions.
1. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session for the below enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public moneys:
a. matters which will imperil the public safety if disclosed;
b. any matter which may disclose the identity of a law enforcement agent or informer;
c. information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
d. discussions regarding proposed, pending or current litigation;
e. collective negotiations pursuant to article fourteen of the civil service law;
f. 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;
g. the preparation, grading or administration of examinations; and
h. the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.
2. Attendance at an executive session shall be permitted to any member of the public body and any other persons authorized by the public body. 

In other words, the members of the PEP are liable for violating NY State Law by agreeing to meet in an Executive Session before the regular public meeting begins, as stated in the Agenda.

We have stated since 2002 that all members of the PEP should be removed, should resign, or be sued, for violating the rights of parents teachers and children to information about public money and other data affecting the public.

And, we also filed a Freedom of Information request for the minutes of the PEP meetings, and you know what we got? The Agenda.

Betsy Combier

For Planning Purposes Only

August 14, 2013


Murry Bergtraum High School for Business Careers
411 Pearl Street
New York, NY 10038

Wednesday, August 21, 2013
6:00 P.M.


I.    Executive Session

A.     Executive Session regarding Matter Pertaining to Employee Discipline: 
Inquest on Employee Termination [NOTE: This is closed to the public and will 
take place prior to the 6:00PM public meeting start time.]

II.   Regular Public Meeting

A.     Chancellor’s Update

B.     Approval of Annual Estimate of the Total Sum of Money Available to 
Support DOE Operations (see here)

The Panel will vote on the attached total sum of money necessary to support DOE 
operations. Public comment on this item will take place before the Panel votes.

C.     Approval of Revised Formulas Used to Allocate Revenue Among Community 
School Districts and Schools (see here)

The Panel will vote on the attached revised formulas used to allocate revenue among 
community school districts and schools. Public comment on this item will take place 
before the Panel votes.

D.     Approval of Revised Chancellor’s Regulations (see here)

The Panel will vote on the attached amendments to Chancellor’s Regulations. Public 
comment on items being considered by the Panel will take place before the Panel

E.      Approval of Contracts (see here)

The Panel will vote on the attached list of contracts. Public comment on contracts 
being considered by the Panel will take place before the Panel votes.

F.   General Public Comment

Sign Up For Public Comment

Speaker sign-up for agenda items II.B through II.E will begin at 5:30PM at the door 
and will close at 6:30PM  Each speaker will be allowed two minutes to speak during 
the public comment portions of the meeting.

Interpretation services will be provided in Spanish. American Sign Language will 
be provided through reservation only: (212) 374-4946 or

Contact:  Chancellor’s Press Office (212) 374-5141

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