To the Editor:

The recent editorial in The Enterprise focused on the town board of Berne restoring trust with its citizens [“Berne board must restore trust with the citizens it serves,” Nov. 20, 2025]. But what recourse is available if the board does not act properly?

An article 78 is a legal procedure to challenge an inaction or decision by a New York state or local government agency. Within the past few months, the town of Berne has positioned itself to be the recipient of this type of legal action in these instances:

— At a board meeting months ago, the supervisor explained why the town does not adhere to its sewer-use law. Since then, no board member made a motion to review the law to prevent the town from continuing to ignore the law;

— In July a Freedom of Information Law appeal was sent to the town. By law, the town had 10 days to respond to the submitter and to the New York State Committee on Open Government. The town ignored the appeal; no response was sent;

— At the Nov. 12 board meeting, the board approved the payment of over $232,000 in bills via abstracts and accepted the financial reports from various departments. These, and all documents to be discussed at a board meeting, are required to be posted online 24 hours prior to the meeting, to the extent practicable, as per the New York State Open Meetings Law and Public Officers Law 103 (e);

— At the Nov. 12 public forum to discuss the preliminary budget, the budget was required to be posted online 24 hours prior to the meeting, to the extent practicable, as per the New York State Open Meetings Law and Public Officers Law 103 (e).

“To the extent practicable” was added to the law because “stuff happens.” If something cannot be posted prior to the 24-hour window, then post it late.

There is no reason why the board meeting documents cannot be posted online when they are sent to board members to review prior to board meetings. The notice for the budget hearing was announced on Oct. 31, more than enough time for it to be posted.

Why doesn’t the town adhere to these laws? Unlike speed-limit laws, these laws are not currently enforced. It is up to the public to incur the expense to file a lawsuit to force the government body to follow the law. Is this really necessary?

Kenneth Guarino

Berne

Editor’s note: Two documents, correspondence that Kenneth Guarino had with the New York Committee on Open Government, are posted with this letter online, substantiating his observations.