Elmira City Council silent after closed meeting on “personnel matter”

ELMIRA, N.Y. (WETM) – The Elmira City Council declined to make any public comments Thursday morning after holding a closed-door meeting on a “personnel matter involving employee performance.”

In a special meeting in the City Hall law library, the council voted unanimously to go into a private executive session . New York State Law allows for a number of reasons when “public bodies” can go into executive session. They can include personnel involving promotions, demotions and disciplinary actions. Other reasons can include topics that impact public safety, criminal investigations and ongoing litigation.

After the only reporter present was asked to leave the room, Mayor Dan Mandell, councilmembers, the city attorney and city clerk met privately for about half-an-hour. I was invited back into the room after the executive session concluded. I asked if anyone wanted to say anything about what happened during the meeting. Everyone declined to comment.

The people in the room were: Elmira Mayor Dan Mandell, 1st district councilmember Nick Grasso, 2nd district councilmember Corey Cooke, 3rd district councilmember Joe Duffy, 4th district councilmember Gary Brinn, 5th district councilmember Jackie Wilson, 6th district councilmember Nanette Moss, City Attorney John Ryan and City Clerk Christina Rodriguez.

The New York State “Open Meetings Law” allows for a “public body” to go into Executive Session for the following reasons:

“Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session for the below enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public moneys:

a. matters which will imperil the public safety if disclosed;
b. any matter which may disclose the identity of a law enforcement agent or informer;
c. information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
d. discussions regarding proposed, pending or current litigation;
e. collective negotiations pursuant to article fourteen of the civil service law;
f. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;
g. the preparation, grading or administration of examinations; and
h. the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof. “

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