Town of Wayawanda
TOWN OF WAYAWANDA ZONING BOARD OF APPEALS BANS VIDEO CAMS:
Anna Miller stood in the back of the room, silent, her fingers wrapped around a small, hand-held video camera.The 14-year-old Minisink Valley High School freshman believed it was her civic right to bring her camera. She wanted to record a public meeting of the town's Zoning Board of Appeals for herself and others. She learned in school that government meetings are open to the public.
That's true. Just not Thursday night's meeting of the Zoning Board of Appeals.
Chairman Richard Onorati demanded that Miller shut off the camera. "It's too much of a distraction," he told her.
Miller complied.
"I made no noise," she said. "I didn't draw attention to myself."
The state's Committee on Open Government was contacted months ago by Miller's mother, Deborah Glover, and another citizen, Connie Lichtenberger, seeking an opinion on whether the public has a right to videotape open meetings.
Glover wants to videotape all government meetings, Town and Planning boards included, for future use on a grassroots town news Web site. Such a tool is critical to keeping residents in this town informed — many of whom cannot find time to attend meetings between working and children's activities, she said.
Back in August, Lichtenberger tried to videotape a public hearing of the Zoning Board of Appeals that dealt with an issue relating to her New Hampton neighborhood. She placed a video camera in the corner, on a tripod. But she, too, was shot down.
Committee on Open Government Executive Director Robert Freeman wrote that case law suggests audiotaping and videotaping of town meetings is permissible as long as it is not "disruptive or obtrusive."
Freeman's opinions haven't swayed Onorati. He said that the camera, pointed directly at the board members, is intimidating and distracting. And the board unanimously agreed several months ago to not allow videotaping. The meetings are recorded on audiotape, and copies are available to the public upon request. He further contends that the board is a "quasi-judicial" agency and should be granted the "same consideration as the courts."
At one time, state law exempted quasi-judicial boards, including zoning boards of appeals, from holding open meetings. But more than 20 years ago, that law was amended and no longer allows for such an exemption, said Camille Jobin-Davis, Committee on Open Government assistant director.
"It's not a distraction. You have a hand-held video camera. You stand still," said Jobin-Davis. "I don't see what the problem is."
Glover and Miller said they will try again.
"Nothing is denied here," Onorati said of the meetings. "Except videotaping."
This girl's mother, her friend, and the reporter shouljd be ashamed of themselves for using this girl to draw attention in this manner. The choreography of the "confrontation", including making sure a sympathetic reporter and cameraman were there, couldn't be more obvious.
Comments
FYI
The young woman in the news article is my granddaughter. She has in the past video taped other town board and planning board meetings without incident.ONLY board that is prohibiting public access.
This past summer several citizens tried to record a ZBA public hearing where there was an appearance of a conflict of interest with the Chair of the ZBA, the ZBA's attorney and the applicant before the ZBA. They were rudely treated and ordered to shut off their tape and video equipement.
AS A LAWYER I'M sure you know that a blanket ban is illegal at public meetings. They filed a complaint with the Town Board , ZBA and finally when they couldn't get it resolved with the Committee on Open Government.
The student was there at the August meeting.As she has been before at other town meetings.
Please noteL Wawayanda has had other students video record our publci hearings and meetings.
FYI First:the student was not suppose to be there that night of the THR story. Second:The reporter was newly assigned to our Town it was THE FIRST TOWN board meeting she could attend since she was given the beat.Third:The THR has had this story for months and were investigating many complaints on this Towns govenmental actions.Fourth:Another person was suppose to be recording the meeting. This person has also been recording town meetings for years but at the last minute he had an emergency at his work(he was the owner of the cam recorder) and wasn't able to make it(he is the plant manager at a very large gas substation in the TRI STATE AREA) You do know the freezing weather had presented problems with heat delivery in the NYC area.Fifth: The student in question volunter at the last minute(she was the only one who has worked that cam recorder in the past and the tripod) to take over the cam operation.Sixth: The public had been told BY THE Town Board that the ZBA was informed that the citiznes should be allowed to record public meetings.
Seventh:The student and reporter NEVER talked or meet until after she attempted to record the PUBLIC meeting and the reporter DIDN"T know she was my granddaughter until after. Eight: The reporter and I never had an agreement in advanced what was going to be the story line in the paper- it was the THR choice. It just unfolded that way.Ninth: All parties involved would make staements supporting this as factual.Tenth: The reporter meet with several people in the town to discuss the many itmes/complaints the paper had received from various sources/citizens in the town. AND finally she was scheduled to meet with Town Officials as she told those who she already interview on the many complaints. To hear their side of the many issues.
Now what I will expect from you is an apology Nothing less.I will be writing this in a letter to the editor and it will be signed by all those involved to verify the facts and I will mention this site owner in the article.
Posted by: Deborah M Glover | February 25, 2007 05:54 AM