BY ANDY GARDNER
North Country This Week

Update 9:50 a.m. March 12: Town attorney Eric Gustafson responded and says the discussion will have a legitimate purpose. See details here.

MASSENA -- The Massena Memorial Hospital board and Town Council will hold a Tuesday night special meeting to hear an affiliation proposal from Crouse Hospital behind closed doors, but officials from both organizations have not cited a reason for the anticipated executive session that is listed in state Open Meetings Law.

The meeting will be at 5 p.m. at the Massena Community Center, 61 Beach St.

An announcement from MMH said the boards plan to move into executive session to hear the proposal and no action is expected.

MMH board chair Loretta Perez cited "acquisitions and property transfers" as the reason for the executive session. When a reporter pointed out that that is not listed in the state Open Meetings Law as an acceptable reason for an executive session, Perez deferred comment to MMH Director of Public Relations Tina Corcoran.

Corcoran in her email announcing the meeting cited “proposed acquisitions/contracts.” Town Supervisor Steve O’Shaughnessy in a late Monday afternoon phone call also pointed to “a potential contract.” He then referred a reporter to town attorney Eric Gustafson, who did not immediately return a request for comment.

The Open Meetings Law allows an executive session for contract negotiations, but only pursuant to Article 14 of the Civil Service Law.

On Monday afternoon during a phone call, Corcoran cited a non-disclosure agreement between Crouse and MMH. However, a Committee on Open Government official said the agreement cannot supersede state law.

"Doesn't mean a thing. It's not worth the paper it's written on," said Bob Freeman, executive director of the New York State Department of State Committee on Open Government.

Corcoran also said the Tuesday night discussion would be similar to "a committee meeting where they're doing fact finding." However, a quorum of both boards has been invited to attend, which means they would be subject to the Open Meetings Law.

Corcoran additionally pointed to the section of the Open Meetings Law allowing an executive session for “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.”

When pressed for how the discussion being held in public would substantially affect the value of the hospital, she didn’t have an answer.