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OML-AO-5044

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From: Freeman, Robert (DOS)
Sent: Wednesday, February 02, 2011 11:24 AM
Subject:    RE: Executive Sessions

I believe that comment 1 involves a misinterpretation and misapplication of the law.  It is suggested in that commentary that since HHAC provides grants and is not an employer, §105(1)(f) does not apply.  In short, I disagree.  The status or function of HHAC is not determinative of the ability to conduct an executive session.  There are numerous situations in which the experience, financial capacity or credit worthiness of potential grantees may be significant in selecting the recipient of a grant.  In those instances, a public body may consider any or all of the first three qualifiers appearing in paragraph (f), “the…financial, credit or employment history of a particular…corporation…”  To the extent that a
discussion relates to a particular entity in relation to any of those qualifiers, an executive session could, in my view, properly be held.

I hope that I have been of assistance.

 

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone:  (518)474-2518
Fax: (518)474-1927
Website: www.dos.ny.gov/coog/index/html