You've got mail... but should you?

PINE PLAINS — Town Councilwoman Sandra David wants to open up the lines of communication — the topic of Town Board members communicating by e-mail came up at the March board meeting. David wanted more e-mail communication but town Supervisor Gregg Pulver and Attorney to the Town Warren Replansky expressed concern such activity could violate New York’s open meeting laws.

“The Town Board really has to work as a whole unit,� David said while supporting her stance. “I think it’s really important that we discuss these kinds of issues. I was very pleased when you [Pulver] e-mailed me with your thoughts.�

“I sent a heads-up to the board, but my intention was not to debate something that should be debated in public,� Pulver said, clarifying why he discussed board business via the Internet, out of the public’s purview. “We have one board member who does not have e-mail.�

Replansky addressed the idea that board members could have a dialogue before meetings through e-mail.

“My response to that is that it’s fraught with peril,� he said. “It is a problem with transparency if board members reach a decision without accordance to the open meeting law. If you do that, if you reach a consensus of opinion, the e-mails are FOILable [through the Freedom of Information Law].

“You can have certain discussions through e-mail that are violative of open meetings law,� Replansky continued. “Board members discuss laws all the time, but the problem with doing that is it lacks a certain transparency. It needs discussion.�

At that point David questioned Pulver’s intentions and practices when it comes to communicating with the rest of his board and the public.

“I’ve served on public boards in this town for 20 years and I love Pine Plains — I would never do anything intentionally or otherwise to hurt this town,� he said. “I take umbrage to the fact that you think this is some sort of smoking gun. Everything we discussed was done so at this table and I will continue to do that. All of my e-mails can be FOILed.�

“I think the problem, and I am new, are that people out there who feel, for the last two years, [disenchanted],� David said.

“People who don’t come to board meetings,� replied Pulver.

“I’ve been coming to Town Board meetings for 40 years and we’ve never had a problem� Councilman Bob Couse said. “We have a problem now. Whether we follow exact procedures — maybe yes, maybe no — but we’re getting things done.�

“E-mail can be a very useful tool, but it can also be a very dangerous tool,� Replansky said. “I would like to talk with you about how to not violate the open meetings law and how to be cautious. As far as pending legislation is concerned, I always recommend you take care of that at public meetings, not by e-mails. I don’t want to stifle your ability to have certain communications through e-mail, [but please, use caution].�

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