Cape Vincent Art. X Advisory Committee Meetings- What Does the Actual NYS Law Say?

I have been asking questions about the Cape Vincent Art. X Advisory Committee in several of my posts. Then a rumor surfaced about one or more of these meetings and where they may have taken place. As I said before I have no substantial comment on the rumor since I can’t confirm it, nor has anyone come forward to confirm it.

Forget the rumor for a minute and let’s look at what has transpired with this committee in FACT and what it means in actual law. Below is some information from NYS laws on meetings and committees. Emphasis is mine.

§ 4-7. Applicability of Open Meetings Law.
A. Applicability to town board and other bodies. The Open Meetings Law applies not only to town boards and other town bodies and commissions performing a governmental function, but to committees and subcommittees thereof consisting of two or more persons [Public Officers Law § 102(2)].

Note that it says 2 or more people…the Art X committee has 6 people.

A. Town board committees. Many towns find that there is a considerable amount of work a town board must do between meetings in order to gather the necessary facts on matters requiring town board decisions.
The town supervisor may appoint committees of town board members to make studies and report back with recommendations (Town Law § 63). These are committees of town board members and not citizen committees. If a town board committee is appointed, its expenses, mileage and so forth may be authorized in advance to be paid as a proper town charge.


The use of the town board committee technique can be a very useful tool towards good local government and can involve the board members more closely and effectively in decision making. Such committees can conduct formal or informal meetings and hearings, but cannot make any decision for the town board. Please note that these committees are considered public bodies and thus are subject to the Open Meetings Law (Comm. on Open Gov't. FOIL-AO-1258). All such decisions must be made at a regular or special meeting of the full board.

This committee was hand picked I assume by our town supervisor Mr. Hirschey since I don’t see any other information to the contrary that says the entire town board voted to appoint this committee. That is not illegal. Many committees in towns are appointed by either the board or the supervisor which it appears have equal powers to do so. Although one would think that if a committee is to be picked to advise the town board there would be significant consultation from all the board. Did that happen or did Hirschey just hand pick these people with no input?

Now note the word “advisory”. One would logically assume that a committee appointed to “advise the board” might be somewhat independent of the town board. In other words the town board is seeking advice from the committee to make important decisions later. So why would you appoint two town board members like Hirschey and Schneider to the committee? In effect, as town board members sitting on the committee they are advising themselves? I don’t think there is anything illegal about this but it seems goofy!

For example, let’s say you and your spouse are seeking truly unbiased independent advice from a financial advisor on important financial decisions. But then you tell him that you will help him make his decisions????? That doesn’t seem to make sense. If you are going to help him make his independent decision, why not just make them yourself? Of course maybe that’s the point. Maybe some on the town board are not looking for advice but rather trying to guide that advice in a particular direction!!!  So why have an “advisory” committee?
Now this committee was appointed way back in early January. That is two and a half months ago, and you are telling me that with Art X and BP breathing fire down our necks they haven’t met to do anything since that long time that they were appointed? And if they did meet since Jan. then where are the announcements and minutes. There are no announcements on the town website calendar or minutes posted that say Art. X Advisory Committee meeting and i don't see any discussion of the committee finding at town board meetings.

Well as I have pointed out then , who is making all the policy decisions on these letters signed by all these town officers that are going to the PSC. These are major town policy statements regarding the wind issue and Art X and BP. Are these being made by this Art X Advisory Committee exclusively?

Note in the laws above that committees fall under the same rules as public bodies and open meetings laws, which means minutes and announcements. And that would be a committee of 2 or more. There are six on this Art X committee. And note that a committee can not make final decisions for the town board. Yet if the Art X Committee is sending out these letters of major policy directly to the NY PSC, I don’t see anywhere in public, video, minutes etc, that the town board is reviewing or discussion in public those committee decisions, yet all these town officers have signed on!!!

So once again, who and where are all these decisions are being made representing our town govt. on letters being sent to the NYPSC, with very critical policy statements and positions concerning Art X and BP???? Unless it is cleared up one could logically assume it is the Art X Advisory Committee that is deciding, drafting and sending these letters as a committee. That seems to be the job they were tasked with in focusing on the Art X process.

Problem is, if that is the case it doesn’t appear to conform to NYS laws, particularly open meetings laws. And here is the other problem. If in fact this process is not conforming to NYS laws…keep in mind the majority of our town govt. are signing these letters, and somebody should take responsibility to speak up and officially question this process. The sooner the better.

Let’s get a clarification ASAP of what is going on with this committee, the letters, and the resulting major town board decisions!

If I were a town officer in CV, I sure as hell would not sign any more of these letters to the NYPSC or anywhere else until I had some straight legal answers as to what is going on with this committee and this process!!!!