By M. Thomas Nast and Frankie Pressman
A legal storm is brewing in New York City, where Staten Island’s Community Board 3 (CB3) has been accused of violating New York’s Open Meetings Law. Despite the expiration of an Executive Order permitting virtual meetings, CB3 continues to hold its meetings entirely online, putting the legality of its decisions, including the hiring of a new District Manager, in question.
At the heart of the controversy is the recent appointment of the new District Manager, a six-figure salaried position. The appointment occurred without prior notice and over the objection of key officials, including Staten Island Borough President Vito Fossella and Councilmembers Joseph Borelli and David Carr.
These officials raised concerns about the board's actions in a letter to CB3 Chair Frank Morano and contacted the New York City Law Department to request guidance on how to handle the situation.
The letter, signed by Fossella, Borelli, and Carr, reads, "We are asking the Law Department for guidance on addressing this breach of public trust."
They claim the new District Manager's appointment violated state and local laws and the City of New York's rules.
Virtual Meetings Continue in Defiance of State Law
CB3 has held its meetings virtually since the COVID-19 pandemic, despite Governor Kathy Hochul's 2022 rescission of the executive order that allowed such meetings. The state legislature amended the Open Meetings Law to allow public bodies to conduct virtual meetings only under "extraordinary circumstances." Still, these meetings must also have a physical location for public attendance. Additionally, a quorum of board members is required to be physically present.
However, CB3 has continued to operate virtually without meeting these requirements. Staten Island officials are not mincing words in their condemnation.
The officials noted in their letter that "Staten Island CB3 is the only board in the city that continues to hold virtual meetings."
The absence of physical meetings has raised concerns not only about transparency but also about the validity of the board’s actions during this period, including votes on critical issues like zoning and public safety.
The Board has also failed to record or make available any video of these virtual meetings, another clear violation of the Open Meetings Law, which mandates that public bodies record and post videos of meetings held under extraordinary circumstances within five business days.
Controversial District Manager Hire
The virtual meeting controversy is compounded by the appointment of a new District Manager, a role that wields significant influence over community affairs. According to CB3’s leadership, the appointment followed a July 2024 meeting of the Executive Committee, at which the current District Manager announced her resignation effective October 5. A staffer was appointed to the role without public notice, bypassing the City bylaws mandates and the required hiring process.
Under New York City’s rules, any vacancy for a District Manager must be publicly posted on the NYC Careers website, followed by an open hiring process to ensure transparency and fairness. However, in this case, no such process was followed. Staten Island's Borough President's office, along with the two council members, has voiced strong opposition to the opaque nature of the appointment.
"Failure to follow open hiring processes raises concerns about transparency and accountability," wrote Fossella, Borelli, and Carr to the Law Department.
They added that CB3’s failure to post the job on the NYC Careers site further suggests the appointment was rushed and potentially illegal.
Borough President’s Pushback
Borough President Fossella has strongly criticized CB3's actions, accusing the board of poor judgment.
In a meeting on September 24, board members discussed the issue at length, with some raising concerns about the lack of transparency and adherence to legal hiring protocols. Yet, despite these objections, the board ratified the appointment of the new District Manager by a majority vote.
The vote, however, has only further inflamed tensions, particularly after Fossella and the council members sent a second letter to the Law Department urging the board to halt all further actions until the legal issues are resolved.
The Borough President’s office has also expressed concerns about the new hire's budgetary implications, including how the board plans to compensate the outgoing District Manager for unused leave and accrued benefits.
Staten Island: The “Red Borough” at Odds with Itself
The irony of the situation has not gone unnoticed. Staten Island is often called New York City's "Red Borough," known for its more conservative political leanings. During the COVID-19 pandemic, Staten Island was one of the first areas in the city to push for reopening, and local leaders led efforts to resist prolonged lockdowns. Yet, two years later, CB3 remains the only board in the city to continue virtual meetings.
"Having virtual meetings in Staten Island of all places—where the South Shore was the reopen capital during COVID—is absurd," said one CB3 member who wished to remain anonymous.
Critics have argued that the board's failure to transition back to in-person meetings undermines its commitment to transparency and responsiveness to the public.
"The Open Meetings Law is clear, and there's no justification for CB3 to continue operating this way," said a community activist closely following the case.
What’s Next?
With Staten Island’s top officials now pushing for legal action, the future of CB3’s leadership is uncertain. The Borough President’s office has vowed to pursue legal remedies if necessary, and there is a growing call among community members for a full audit of the board’s actions over the past two years. The Law Department has yet to respond to the inquiry, but many believe a legal intervention is imminent.
If the board is found to have violated state and city laws, it could face severe penalties, including invalidating critical decisions made during virtual meetings. For now, the community waits to see whether CB3 will reverse course or dig in its heels, further entrenching itself in a legal quagmire.
One thing is clear: Staten Island’s CB3 is a case study of what happens when public bodies ignore the laws designed to ensure transparency and accountability.
Virtual Mess! Staten Island’s CB3 Slammed for Defying Open Meeting Law