Civil Liberties and Choosing the Monroe County Public Defender — 2008
There have been several areas of contention surrounding the process by which the Monroe County Legislature selected a new Public Defender in January and February 2008.
One controversy is over the selection process and whether it was non-partisan. GVCLU is monitoring ongoing discussions on this issue.
Two others are whether or not the New York State Open Meetings Law or spectator's civil rights (US Constitution First Amendment) were violated at either of several related County Legislature meetings.
The first set of meetings was the Monroe County Legislature's Public Safety Committee in January and February 2008 leading up to the vote. The concern about Open Meetings Law violations stems from these meetings.
The second was the Monroe County Legislature meeting on February 12, 2008 during which the Public Defender was chosen. The contention is about public access to the meeting and who was allowed to speak during the public forum segment of the meeting.
Two sections of the laws of Monroe County are relevant.
As per Monroe County Law Chapter 545-6: Meetings to be public.
In accordance with the State Open Meetings Law, all meetings of the Legislature and its committees shall be open to the public, except when the Legislature or its committees shall meet in executive session, at which time all persons not authorized to attend such executive session shall be excluded. Adequate accommodations shall be made for the County Executive and other county officials and for representation of the news media.
In Article lV Conduct of Meetings under Chapter 545-14: Order of Business
(8) Public forum: speakers shall register with the Clerk of the Legislature prior to the calling of the roll. The President of the Legislature shall determine the length of time per speaker prior to each meeting.
The complete laws the county covering the Legislature is online at www.e-codes.generalcode.com/codebook_frameset.asp?t=gsr&index=0860_A&request=legislature& fuzzy=&fuzziness=4&stemming=&phonic=&natlang=&maxfiles=999.
Since the above link may be too long for your browser, it can be found by following the links starting on the County web page www.monroecounty.gov/executive-countycode.php to the County Laws and then going to Chapter 545, Rules of the County Legislature.
County Legislators Bronson and Lightfoot have gotten a reply to their request from the New York State Committee on Open Government for an opinion on the conduct of these meetings. In the reply, Executive Director Robert J. Freeman indicates that given the facts as described, several violations did occur.
Separately, Assemblyman David Gantt has gotten a reply to his request for an opinion. In his letter, Freeman notes potentially different violations. According to Freeman, the Executive Session to discuss the process was a violation of the Open Meetings Law. Also, Freeman indicated that holding the meeting in a space that restricted public attendance was a violation.
In his letter Freeman also stated that the double searching, etc. passed beyond the bound of reasonable conditions before the public was allowed to attend and speak.
The NYCLU has submitted a FOIL (New York State Freedom of Information Law) request to Monroe County and the city of Rochester asking for information relevant to these two meetings. A press release describes the FOIL request.
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