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State committee rules 5/14 Memorial Commission is required to hold open, public meetings

This comes after 7 News I-Team reporting, questioning the commission's transparency
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BUFFALO, N.Y. (WKBW) — As we approach two years since the hate-fueled mass shooting at Tops, in Buffalo, the 5/14 Memorial Commission is working to create a space for remembrance.

But much of their work is being done behind closed doors.

Now, the State Committee on Open Government says the 5/14 Memorial Commission should be having all of its meetings in public. This comes after our 7 News I-Team reporting, questioning the transparency of this government-appointed commission.

WATCH: Is the 5/14 Memorial Commission as transparent as it claims?

Is the 5/14 Memorial Commission as transparent as it claims?

The I-Team requested an advisory opinion from the state after discovering the commission was potentially breaking open meetings law.

New York State has pledged $900,000 for the commission of this memorial.

About two weeks ago, the 5/14 Memorial Commission announced it has selected three finalists, out of more than 20, to move forward in the process of building what is expected to be a $15 million memorial.

WATCH: 'One time to get this right': 5/14 Memorial Commission selects finalists to design permanent memorial

5/14 Memorial Commission selects three finalists to design permanent memorial

The commission has not said how or why these three finalists were selected. Their meetings are not open to the public, despite taxpayer dollars being used to build this memorial, so these questions remain unanswered.

Until this weekend, commission meeting minutes had not been posted since December. Anything that's been discussed or any selection and vetting processes have not been done in the public view.

Still, Reverend Mark Blue, Chairman of the 5/14 Memorial Commission, insists the process has been transparent.

DRANTCH: When you speak about transparency, those meetings are closed to the public. Would it enhance transparency if those meetings were open to the public?

REV. BLUE: One of the things that I am very protective of are the families. The discussions we have or had involve families. So I will not allow families to be paraded or berated through any course of public media because they're important.

But the State Committee on Open Government says,

In the opinion of the Committee on Open Government, since this Commission has been given more than just the authority to make recommendations to the State and the City of Buffalo and particularly has been given the authority to make final decisions relating the finalists for the 5/14 Memorial Design, it is a public body that is required to hold all of its meetings in compliance with the Open Meetings Law.

The 7 News I-Team asked if it was the committee's opinion that the commission was violating open meetings law. We're told only courts can make that determination.

When asked for a response to the committee's decision, Rev. Blue wrote:

Throughout this process, our goal has been transparency, while also respecting the tragedy and loss so many experienced on that day.

We will move forward abiding by the opinion that was rendered and keeping the public informed of the Commission’s work to respectfully honor the lives loss and the families living with the tragedy daily.

The 5/14 Memorial website has been updated, now showing the next meeting will be April 9, at 4:30 pm, at Rich Products on Niagara Street.