Under current New York State law, the public often times gets left out of the process when an appointee is chosen to fill a vacant elected seat. State Assemblyman Patrick Burke wants to change that.
Under his proposed OPEN Appointments Act, new statewide standards would be established for the process. They include public notice when there’s a vacancy, a minimum two-week application period for interested candidates, public disclosure of those applicants, and open public sessions to discuss why a candidate as been chosen.
“The intention of this bill is to shine a light on the process that we currently deal with where elected positions are decided in back rooms,” Burke said. “When I was younger, I remember the old George Carlin comedy special, and he talked about the big club - it's a big club, and you and I ain't in it, and it feels that way every time we find out about an elected position that is supposed to be decided, certainly by the voters.”
Burke announced his proposed bill outside West Seneca Town Hall. He noted that the town recently filled two positions, one within the Town Court and another on the Town Board, with processes that provided little opportunity for public input. The town prosecutor appointment was derailed when the Erie County District Attorney’s Office did not approve the designation, citing concerns over conflict of interest.
Dan Warren, who chairs the Committee to Restore Representation, is currently legally challenging the town board appointment.
“It would have been a lot easier had this legislation been in effect, for an open and honest discussion of all the candidates, regardless of their political party. Have an open discussion as to which one would be the best to fill this vacancy. We did not have that,” Warren said. “Currently the way that the open meetings law is written, while we should have had at least some of this information, it really needs to be beefed up, particularly when it comes to appointments to elected office.”
Like Burke, Warren referenced a media relic from the past to further his point. His choice was the longtime final line in commercials for a former men’s clothing store.
“There used to be a men's clothing retailer called Syms, and in his commercial he said ‘an educated consumer is our best customer.’ Well, here an educated voter is our best citizen, and in order to get educated on what is happening, we need legislation like what Assemblyman Burke is introducing today,” he said.
The 2026 state legislative session has ended, but rather than wait until January 2027, Burke is hoping Governor Hochul will call for a special session later in the year, when he could have his earliest opportunity to move his bill forward.
