Kingston Freeman Article No. 3

ROCHESTER BOARD MEMBERS STILL MUM ON PRIVATE MEETING DESPITE BEING ALLOWED TO TALK

By Joshua M. Rinaldi, Freeman staff 02/07/2007

ROCHESTER - Town Board members remain mum about their controversial Jan. 24 executive session despite the state's open government watchdog saying they can discuss what went on behind closed doors that evening.

It was at the Jan. 24 meeting that town resident Manuela Mihailescu, in an interview for a seat on the town's Historic Preservation Commission, allegedly was accused of being involved with Internet porn sites. The confrontation between the board and Mihailescu compelled about 100 people to come to, and ultimately make enough noise to shut down, last Thursday's Town Board meeting.

Mihailescu has spoken to the press about the Jan. 24 meeting - during which she says board members showed her pornographic images but offered no evidence that she was associated with the site where they appeared - but board members have refused to comment on the session.

Board members say they are not allowed to discuss what happened in a closed-door executive session, but Robert Freeman, executive director of the state Committee on Open Government, said they are mistaken.
"There's nothing in the Open Meetings Law or any other law that forbids them from discussing it," Freeman said. "What they're really saying is, 'We don't want to talk about it.'"

Rod Futerfas, the town's attorney, said that, because of potential litigation, the board will not discuss the meeting unless Mihailescu signs a waiver. "There is more than just the executive session that is involved here," Futerfas said.
Mihailescu has declined to sign a waiver, saying that by speaking to the press, she already has made the matter public.

Futerfas said he was ready to read a statement on behalf of the board on Thursday but decided not to in the absence of a waiver.

Since then, the board's only official comment on the matter has been a prepared statement that said: "Every member of the board interacted with this individual (Mihailescu) with respect and courtesy at all times. We sought to protect and preserve the best interests of the town, fulfilling our responsibility to investigate matters that potentially have a bearing on her appointment, while at the same time being mindful of the individual and proper and ethical due process."

"It might be better for the town to get its side out, but the risk of getting our side out is litigation," Futerfas said. "We feel that, in this particular situation, that we are better off not speaking unless she signs."

Mihailescu said she wasn't comfortable signing away her rights at last week's Town Board meeting and is having her lawyer look over the waiver. The document states Mihailescu gives up the "privilege of confidentiality" and permits "those persons present during the executive session to address the events which occurred therein as well as any other information which may have or have had relevance to the placement."

Mihailescu and her husband, Jon Dogar-Marinesco, operate several Web sites, including rochesterrepublicans.com and busyrochester.com. They also own the marketing company Point Blank, which designs visual tools for companies, including Web sites, ads and brochures.

Mihailescu believes she is being targeted by the Democratic-controlled Town Board because her husband is active in local Republican politics.