Valley Alliance Weighs In on Land Transfer
The Valley Alliance announced today that a ten-page legal memorandum from attorney Kenneth J. Dow to Mayor William Hallenbeck finds that "it would be unlawful for the City to enter into a contract for the conveyance of lands from Holcim US to the City" as the plan was outlined in the resolution passed by the Common Council at a special meeting on February 11.
A press release from The Valley Alliance states that "Dow's analysis on behalf of The Valley Alliance finds that the terms of the resolution violate the City Charter, State Constitution, Common Law and multiple other laws, rendering any such deal 'unauthorized, unlawful, and void.'"
Click here to read the entire press release.
Click here to read Dow's legal memorandum.
It would be a good thing if the City of Hudson began to conduct its business with Holcim out in the open instead of hiding out in Executive Session. If more citizens were afforded the opportunity to participate, the City wouldn't find itself stumbling into ridiculous deals like this.
ReplyDeleteWhat is the Valley Alliance's next step?
ReplyDeleteDoes the Valley Alliance have standing to sue the City of Hudson?
How deep are its pockets?
The "standing" question goes straight to the VA's strongest and simplest argument.
ReplyDeleteThe council fooled Hudson residents by violating a law that insures transparency in government. Our standing in relation to our own representatives is the centerpiece of the republic.
It is the responsibility of each and every alderman to his constituents to know this law of all laws.
It's not a technical matter and it's not hard to understand. It has nothing to do with a specific issue aside from its being a self-described "gift," discussions of which do not enjoy the privilege of secrecy.
Even if you have no interest in waterfront issues, please contact your alderman and ask how they came to believe that the council's endless string of executive sessions were legal?
Each of them is wholly responsible, so who instructed them that it was okay? Their "corporate council"? How can any of them believe ANYTHING that she has to say?!
(Can you make a better argument for keeping constituents in the loop? Yet council after council the duped public is always shunned.)
These executive sessions have been abused for long enough. It's time to beat on some doors and find out who's ultimately to blame for perpetuating an atmosphere of privilege inside of our council chamber.
The Common Council has repeatedly violated the Open Meetings Law by going into Executive Session every time they don't want the public to be privy to their discussions, even though the public has been entitled to be present, certainly with anything concerning the Holcim land deal. The Common Council has operated under this cloak of secrecy for quite a while, constantly reverting to this unacceptable way of conducting business. The public has always had the right to know the details of what was going on in this matter. We have been deliberately left out so that we don't interfere with their intentions. Ms. Roberts should have been well aware of the violation that this Council was committing, yet she failed to advise them of the need not to break the law. It is very clear in her failure to advise, that Ms. Roberts, Counsel to the City of Hudson is not representing our best interests. She was ready to allow the City to acquire potentially polluted land holdings, without an environmental assessment, thereby passing the responsibility and cost for cleanup onto the taxpayers. Outrageous and unacceptable representation on behalf of the Citizens of Hudson by Don Moore, Cheryl Roberts and ultimately Mayor Hallenbeck for not questioning the passage of such detrimental and illegal resolutions. REMEMBER THIS WHEN THE NEXT ELECTION COMES UP.
ReplyDeleteLast December Ken Dow (attorney for VA) wrote a 'My View' on local abuses of executive sessions. It's a good read, and it's a perfect fit with Mr. Moore's Common Council:
ReplyDeletehttp://www.registerstar.com/opinion/letters/article_8c023c44-40b8-11e2-af1a-001a4bcf887a.html