The New York State Department of State indicated on Wednesday that, by meeting behind closed doors, the Temporary Commission on Work Centers, studying the topic of gathering places for these workers, is probably breaking the law. The Commission is meant to determine whether it is viable to establish hiring centers in the city for these workers, who normally wait on street corners for work.

The Commission, which has 15 members, is overseen by Guillermo Linares, commissioner of immigration issues in the city. Among its members are academics, representatives of day laborer organizations and government representatives.

Since the commission was created by law, it is covered by the Open Meetings Law of New York, said Robert Freeman, of the State Department's Committee on Open Government, a committee.

The agenda of the meeting last night indicated that they would hear testimony from experts on topics such as “experiences in other geographic areas” and “best practices of this type of center.”

“Why should that be in secret?” asked Freeman.

The Office of the Mayor argues that the commission is an advisory body that will not make final decisions; therefore it can meet behind closed doors.

“By nature this is an advisory commission, so the law about open meetings doesn’t apply,” said Anthony Crowell, a lawyer with the Bloomberg administration.

The Commission actually had an open meeting last week, not because they were complying with the law but because members wanted to solicit public opinion. However, Freeman indicated that the argument that the Commission is only advisory “isn’t significant,” according to the law. He added that judging by the description of the meeting’s agenda, the meeting was not covered by any of the eight exceptions to the open meeting law. The notice that the meeting was going to be closed to the public surprised community leaders.

“It seems difficult to believe,” said César Perales, president of the Puerto Rican Legal and Education Fund. “I think it should be open to the public,” added Perales.

“It’s closed?” asked Nadia Marín Molina, of the Workplace Project based in Long Island. “I’m surprised because I thought it was an open hearing.”

Both Perales and Marín Molina planned to testify in favor of the work centers as a tool to reduce labor abuse, as a measure of public safety and as a way that the city can open doors for new immigrants.