The village of Fredonia’s legal team has muscled into the Dave Bird situation, counseling that discussion of the former Department of Public Works supervisor should be held in closed sessions.

A motion to rescind Bird’s termination was on the agenda of last week’s Board of Trustees meeting. However, Mayor Michael Ferguson announced village legal counsel — the Webster Szanyi law firm of Buffalo — said the matter should be discussed in an executive session. The motion was not considered and no vote was held on Bird’s future.

Ferguson was asked via text message after the session if any decisions were made about Bird. The mayor replied: “Discussion to continue with legal counsel.”

New York’s Open Meetings Law allows government bodies to close its meetings to the public for executive sessions to discuss eight specific categories of items. One of them is “the medical, financial, credit, or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal, or removal of a particular person or corporation.”

Other items that elected government officials may discuss away from the prying eyes of the public include “matters which will imperil the public safety if disclosed”; proposed, pending or current litigation; union negotiations; and acquisition or sale of property, “but only when publicity would substantially affect the value thereof.”

One government official did make his feelings clear about Bird on Monday. Bob Scudder is a Chautauqua County legislator who spoke as a resident and business owner in a letter of support for Bird. Treasurer Erlyssa LeBeau read out his letter during Monday’s meeting.

“My experience with Dave Bird as supervisor of the DPW has only been positive. I witnessed an energy downtown that has been missing for a while,” Scudder wrote.

“This winter, the downtown snow removal was the best I’ve seen it. Maintenance of sidewalks and the parking lots have been appreciated by myself and others as downtown business and property owners,” he continued. “I found Dave to be approachable and willing to listen to ideas to make our downtown a better place for businesses to operate and serve our residents.”

Scudder concluded, “I’m a 40-year resident and downtown business owner in the village of Fredonia, I hope you consider what you’re hearing from someone who has been here for the long haul. Things were improving — let’s keep it going.”