WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. September 24, 2007 UPDATED 5:05 PM EDT: Camille Jobin-Davis, Assistant Director of the New York State Committee on Open Government, told the CitizeNetReporter today that the White Plains Common Council members, Benjamin Boykin, Rita Malmud, Dennis Power and Thomas Roach did not violate the Open Meetings Law Section 108 when they formulated an opinion on the Request for Qualifications, and published it in the White Plains Times September 7, 2007.

"These 4 councilmembers are opposed to this RFQ. They got together in their political caucus, in what they're calling a political caucus, " Ms. Jobin-Davis said today, "and drafted this document setting forth their opinions in opposition to whatever happened here. I don't see they are making policy here. I'm still of the opinion that the Open Meetings law wouldn't, that there isn't a problem here with respect to the open meetings law because of that caucus exemption to the law."

City Hall had complained that the Council was making policy in secret when they published the "opinion" without telling the Mayor's Office, or two other Democratic Council persons.

"There's no problem with respect to the open meetings law, " Camille-St. John said, "I'm saying that this  meeting where this letter (the RFQ Opposition Letter published by the four Councilpersons), was discussed and signed and decided upon, because this meeting has been characterized as a political caucus because they're all members of the same party, because the action of them meeting together to agree on this letter would be again, exempt from the open meetings law as far as I can tell."

WPCNR asked would the fact the 4 would be a majority make a difference?

"I don't believe it does because they are meetings pursuant to the exemption of the Open Meetings law, the Open Meetings Law would not apply at all, because the exemption is broad, " Ms. Jobin-Davis said.

She said the exemption was created after the original law was passed in 1985.

For the record, this is the exemption, supplied to WPCNR, by Ms. Jobin-Davis:

§108. Exemptions. Nothing contained in this article shall be construed as extending the provisions hereof to:

1. judicial or quasi-judicial proceedings, except proceedings of the public service commission and zoning boards of appeals;

2. a. deliberations of political committees, conferences and caucuses. b. for purposes of this section, the deliberations of political committees, conferences and caucuses means a private meeting of members of the senate or assembly of the state of New York, or of the legislative body of a county, city, town or village, who are members or adherents of the same political party, without regard to (i) the subject matter under discussion, including discussions of public business, (ii) the majority or minority status of such political committees, conferences and caucuses or (iii) whether such political committees, conferences and caucuses invite staff or guests to participate in their deliberations;

and 3. any matter made confidential by federal or state law.