Follow the Story
Never forget June 5 — the day the elites shattered America’s trust
Elise Stefanik demands Hochul reveal how many NYers were victimized by 2020 ‘Do not resuscitate’ order
Rep. Goldman asks CDC if Cuomo’s much-maligned COVID nursing home edict violated US policy
With no accountability for school lockdowns, freedom’s foes soldier on, a new doc reveals
Embattled Wuhan doctor and ex-prez of EcoHealth Alliance Peter Daszak left ‘unemployed’ and ‘poor’: lawsuit
House GOP asks RFK Jr., Dr. Oz if Andrew Cuomo’s nursing home order broke COVID safety rules
As the City Council prepares to conduct official business Wednesday through online meetings for the first time in its 82-year history, some members are questioning whether any action taken remotely will hold up in court.
City Hall lawyers believe Gov. Andrew Cuomo’s state of emergency declared last month in response to the coronavirus pandemic gives governing bodies like the City Council the ability to hold meetings remotely, vote on legislation and take other official action online during the crisis.
Although Cuomo’s office says this interpretation is accurate, a half dozen council members told The Post they have concerns that the new system won’t hold up to legal challenges — in part because the Council currently has no ability to allow for public input on legislation and the new city budget, which must be approved by the end of June.
Councilman Kalman Yeger (D-Brooklyn) said that despite Cuomo’s order, he feels the Council would be violating the City Charter if take takes government action during a remote meeting.
“We can meet and pretend to vote but our vote would be unlawful,” Yeger argued. “The Council has to meet in person. It doesn’t have the legal authority to change its ways but we’re pretending [the Charter] doesn’t exist.”
Others, who requested anonymity, echoed Yeger’s concerns — and some questioned whether the new system would help members rush through controversial bills.
“I’m hoping a lot of these questions get answered at the meeting, but the last thing I want is to vote one way and then get told my vote didn’t count,” said one councilman. “The public has a right to be involved in the process.”
Jennifer Fermino, a spokeswoman for Council Speaker Corey Johnson, said the Council’s office is “confident any actions it takes remotely will stand up to legal challenges.”
“The Council’s virtual stated meeting is being planned in accordance with the state Open Meetings Law, City Charter, Council rules, the Governor’s executive order designed to enable public bodies to meet remotely and the Mayor’s executive order suspending Charter requirements related to the Council’s stated meetings,” she said.
Fermino also said budget hearings would be done remotely and that the Council is “working” on a plan to get the public involved in the process.
The public can watch Wednesday’s meeting online, but there is no system in place to interact.
The Council on Wednesday will be voting to boost funding for the Downtown Flushing Transit Hub Business Improvement District and two dozen land-use items, none of which went through the normal process that typically includes first being approved by a council committee.
Instead, the entire Council will act as a “Committee of the Whole” to put the measures to a vote. Johnson will act as chairman in this rare committee meeting and then take over as speaker for the regular meeting.
It’s the first time the “Committee of the Whole” has been used by the Council since August 2013, when members then voted on a package to increase NYPD oversight following a federal court order ruling the city’s stop-and-frisk policy was unconstitutional.
Two council committees — general welfare and transportation — are scheduled to meet online Thursday and Friday, respectively.




