Videographer threatened with arrest for filming NY state senator Sue Serino open forum

PUTNAM VALLEY, N.Y.-- December 1, 2015: A man who wanted to video record an open community forum Tuesday evening called by state Sen. Susan Serino was threatened with arrest if he would not turn off the recorder.

Mark Giordano, a resident of Dutchess County, started to video the session and was told by Serino the meeting was for Putnam Valley residents only and the state’s Open Meetings Law did not pertain to this situation.

Serino’s 41st Senate District includes all of Dutchess County, except for the towns of Beekman and Pawling; and includes the Putnam County towns of Kent, Putnam Valley and Philipstown.

Giordano insisted the session falls under the Open Meetings Law, but Serino said she wanted to have “an open dialogue and I don’t want anybody to be worried about what they are saying so I am asking you to remove the camera.”

Robert Freeman, executive director of the state Commission on Open Government, said the question of recording that session was a gray area.

Serino told Giordano she spoke with “counsel” and was advised she could tell the videographer to shut off the camera.

At that point, a Putnam County sheriff’s deputy approached Giordano and told him on camera “We are in Putnam County in the town of Putnam Valley. You are not a resident of Putnam Valley. I am telling you this is a meeting open to Putnam Valley residents,” the deputy said. “We are asking you in a respectful manner. If you do not want to leave, we can go another course. That is up to you.”

When Giordano asked the deputy if he would be arrested if he did not stop recording, the deputy said, “You are pushing that line.” At that point in the verbal exchange, Giordano shut off the camera.