Dec 23, 2024
OBSERVER file photo The New York Coalition for Open Government criticized Fredonia Mayor Michael Ferguson for shutting down public comment.
According to the New York Coalition for Open Government, Fredonia Mayor Michael Ferguson is naughty, and the town of Hanover is nice.
The organization that monitors government transparency in the state released its annual holiday season “Naughty and Nice List,” covering events in 2024. Ferguson made the list for shutting down public comments about a lawsuit against the village during a Board of Trustees session. Hanover was “nice” for successfully responding to the coalition’s criticism of its information-poor website.
Buffalo-area lawyer Paul Wolf, head of the open government coalition, acted as a sort of transparency Santa Claus with a Zoom press conference releasing the list. He said Ferguson was “annoyed with hearing public comments” about the lawsuit and shut them down because he didn’t want to hear anymore.
Ferguson called that “the biggest untruth of them all.”
He stated, “Speaking is at the discretion of the community and the local government. If things get out of line, not germane to the topic — some of the comments (on the lawsuit) got personal.”
The lawsuit was filed by five Fredonia residents against the Board of Trustees to halt a resolution favoring a closure of the water treatment plant, drawdown of the reservoir, and purchase of water from Dunkirk. State Supreme Court Grace Hanlon upheld the lawsuit — but had not ruled at the time Ferguson made his decision.
Ferguson said attorneys from the village’s contracted law firm, Webster Szanyi, advised him not to allow comments about the lawsuit.
The mayor defended the village’s open government record. He said that the state’s Open Meetings Law does not require Fredonia to broadcast its meetings or allow public speaking at them, but the village does so with both.
“We really go out of our way to be open on what we’re doing,” Ferguson concluded. “You can invite Mr. Wolf to come to a meeting and see how we do it.”
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Wolf offered gratitude instead of contempt for Hanover.
The town improved its website after the coalition mentioned its poor condition in a report. “To their credit, they did something about it,” Wolf said. “It’s significantly better than it once was, and they’re still working on it.”
Hanover Town Clerk Elizabeth VanCheri gave appreciation for the recognition and stated, “We strive to keep all of our citizens informed and engaged and are continuing to make updates.”
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Some of the other members of the lists were as follows:
NAUGHTY
— Gov. Kathy Hochul “promised a new era of transparency. We haven’t seen it, quite honestly,” Wolf said. The governor is “not interested” in open government issues, he said. Wolf bashed her for vetoing legislation to require posting of emergency contracts online.
— The city of Amsterdam requires people to have an appointment before they can enter City Hall.
— The Nassau County Police Department has spent four years and $100,000 fighting a Freedom of Information Law request for a phone directory — even though several judges have ruled the department should hand it over.
— The Syracuse Board of Education had lawyers send a cease-and-desist letter to a TV news station, demanding its reporters stop asking questions about certain items of business.
NICE
— Jackie Williams spoke out about a school board not posting its meeting documents online. She successfully pressured the board into doing so.
— Tompkins County posts detailed county department information on its website, and also allows remote comments from the public on livestreams of its meetings.
— Ed Simioni, Southhampton village trustee, emphasized at a meeting that the village must respond to Freedom of Information Law requests in a timely manner.
— Kevin Beary, Colton Town Board member, spoke up about and prevented an improper executive session.
HANOVER — While it wouldn’t be fitting for the Town of Hanover’s major water line replacement project to move …
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