Violations of Law and Procedure by Brooklyn’s Community Board 9



On Sept. 23, 2014 a Resolution to “Rescind the Resolution [March 25, 2014 resolution], and refer the matter back to the Land Use [ULURP] committee for reconsideration.” was passed, with a vote of 18 yes, 9 no, 8 abstentions.  Since that time, CB9 Executive Board has not referred this matter back to the Land Use committee!  Since this is the decision of the board, the Chairperson is suppose to enact upon it.

New York City Charter, § 2801 b. and By-Laws of Community Board 9 , Section 9.4

“Whenever any act is authorized to be done or any determination or decision made by any community board, the act, determination or decision of the majority of the members present entitled to vote during the presence of a quorum, shall be held to be the act, determination or decision of such board.”

Community Board 9 (CB 9) District Manager Pearl Miles has refused and continues to refuse to provide information about voting records, minutes of meetings, communications, etc. that have been requested of her through the Freedom Of Information Law (FOIL).

Public Officers Law, Article 6: Freedom of Information Law §87. Access to agency records.

2. Each agency shall, in accordance with its published rules, make available for public inspection and copying all records

3. Each agency shall maintain:

(a) a record of the final vote of each member in every agency proceeding in which the member votes;

(c) a reasonably detailed current list by subject matter, of all records in the possession of the agency… Each state agency as defined in subdivision four of this section  that maintains a website shall post its current list on its website..

It is believed that District Manager Pear Miles falsified voting records by recording two voters, who were present and voted yes, as being absent in order to circumvent the legal passing of the rescission of the March 25 resolution for a zoning study.

New York City Charter § 1116. Fraud; neglect of duty; willful violation of law relative to office.

Any officer or employee who shall knowingly make a false or deceptive report or statement in the course of office or employment, shall be guilty of a misdemeanor, and upon conviction, forfeit office or employment.    

CB 9 failed to publish the March 25, 2014 resolution requesting City Planning to do a study of CB 9.

Public Officers Law, Article 7: Open Meetings Law §106. Minutes.

1. Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon.

2. Minutes shall be taken at executive sessions of any action that is taken by formal vote which shall consist of a record or summary of the final determination of such action, and the date and vote thereon.

3. Minutes of meetings of all public bodies shall be available to the public in accordance with the provisions of the freedom of information law within two weeks from the date of such meeting except that minutes taken pursuant to subdivision two hereof shall be available to the public within one week from the date of the executive session.

The minutes of June 23, 2014 general meeting are still not available to the public.

CB 9 has not published the minutes of the Nov. 12, 2014 and Dec. 1, 2014 executive meetings.

CB 9 failed to publish the voting records of the members’ votes for the general board meetings held on March 25, 2014, September 23, 2014, and November 3, 2014.

The minutes of March 25, 2014, September 23, 2014, October 28, 2014, November 3, 2014, and November 18, 2014 were not presented to the community within the time period legally mandated. CB 9 continues to neglect to make available the minutes of meetings in the time required by law.

Resolutions voted upon by the CB 9 board are still not included in meeting minutes, despite repeated requests.

On November 12, 2014 and December 1, 2014, the CB 9 executive board held secret executive meetings without the approval of the Board. They never posted the meetings, thus denying the public an opportunity to know that they occurred or whether the subjects to be considered legally merited a closed session.


Public Officers Law, Article 7: Open Meetings Law §102. Definitions.

3. "Executive session" means that portion of a meeting not open to the general public.

Public Officers Law, Article 7: Open Meetings Law §105. Conduct of executive sessions. 

1. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session

2. Attendance at an executive session shall be permitted to any member of the public body and any other persons authorized by the public body.

On November 3, 2014, members of the community were told they could not video tape the CB 9 meeting.

Public Officers Law, Article 7: Open Meetings Law §103. Open meetings and executive sessions.

1. Any meeting of a public body that is open to the public shall be open to being photographed, broadcast, webcast, or otherwise recorded and/or transmitted by audio or video means.

On October 28, 2014 and November 3, 2014, CB 9 failed to allow the public the opportunity to speak or curtailed their ability to speak by shutting down the mike, by closing the meeting to members of the public, and by not providing adequate time for the public to speak. 

New York City Charter § 2800. Community Boards.

h. At each public meeting, the board shall set aside time to hear from the public.

By-laws of Community Board 9,Brooklyn 9.1 (b)

At each meeting, the Board shall set aside time to hear from the public.

On November 18, 2014, the CB 9 executive board attempted to prevent five people from speaking during the time set aside to hear from the community.

For December 9, 2014, CB 9 has failed to set aside time to hear from the public.

On September 23, 2014, CB 9 Chair Dwayne Nicholson failed to announce the result of the vote to rescind the resolution for a zoning study, thus leaving the people to believe that the rescission passed. Even after the review of the voting record, he failed to announce the tally discrepancies and alleged falsification of the vote.

Robert’s Rules of Order, Art. X: 58. Chairman or President.

[The chairperson’s] duties are … to announce the result of the vote.

The Land Use (ULURP) committee has not met one time in the entire year of 2014. Various other committees have also not met within the time frame, but they are too numerous to state.

By-Laws of Community Board 9 , Section 8.d

Committees shall meet at least five times per annum.


The197a committee is not a standing committee and was created without the advice and consent of Community Board 9 Bklyn. A new Executive Board was elected in June 2014 and all old non-standing committees were discontinued, by the act of CB9 Bklyn By-Laws.

By-Laws of Community Board 9 , Section 8.5

“A special committee or subcommittee, without a specific term of existence, shall be deemed discontinued immediately following the annual board elections next succeeding its creation.”

Section 8.2 “The Chairperson shall designate additional committees as maybe necessary with the advice and consent of the Board”