Gavin Howe
The New York State Open Meetings Law requires public notice of meetings to be given to the news media and posted in designated public locations. This notice must be posted at least 72 hours before the meeting if the meeting is scheduled at least one week in advance. For meetings that are not scheduled at least one week in advance, public notice must be given within a reasonable time frame before the meeting. The public notice must be conspicuous, meaning that it is clearly visible and easy to find. This ensures that members of the public have the opportunity to be aware of and attend these meetings, promoting transparency and accountability in the government's decision-making process.
| Characteristics | Values |
|---|---|
| Public notice of meetings | Should be given to the news media and conspicuously posted in one or more designated public locations at least 72 hours before the meeting |
| Public notice of every other meeting | Should be given to the news media and conspicuously posted within a reasonable time before the meeting |
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What You'll Learn
Public notice must be given to news media
The New York State Open Meetings Law ensures that the public has the right to attend meetings of public bodies, listen to debates, and witness the decision-making process. This law applies to "public bodies," which include entities consisting of two or more individuals who conduct public business and perform a governmental function for New York State, its agencies, or public corporations like cities and towns.
To ensure transparency and public access, the law mandates that public notice of meetings be given to the news media and posted conspicuously in designated public locations. This requirement applies specifically to meetings scheduled at least one week in advance, with a 72-hour minimum notice period. For meetings scheduled with less than a week's notice, public notice must still be given to the news media and posted publicly within a reasonable time frame before the meeting. The specific location of posting may vary, but it must be designated and easily accessible to the public.
The Open Meetings Law does not provide a waiver for the notice requirements. However, it is important to note that advisory committees, which only have the power to advise the full board, are not required to follow this law. These committees can voluntarily comply, and local governments can also implement rules mandating their compliance.
The State University of New York (SUNY) is subject to the Open Meetings Law, and meetings of its committees and subcommittees must be preceded by appropriate public notice and open to the public. Additionally, the law outlines that there is no right to privacy in statements made during the public portions of meetings of public bodies, and these portions can be photographed, recorded, and broadcast.
The Open Meetings Law also addresses executive sessions, which are not open to the general public. While these closed-door discussions are permitted in certain limited circumstances, they should not be scheduled in advance, and a specific reason must be provided to the public for the need to meet in private.
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Notice must be posted in designated public locations
The New York State Open Meetings Law applies to public bodies such as Village Boards, Town Boards, City Councils, County Legislatures, School Boards, and other public authorities. The law ensures that the public has the right to attend meetings of public bodies, listen to debates, and witness the decision-making process.
To ensure that the public is informed about these meetings, public notice of the time and place of the meetings must be given. If a meeting is scheduled at least one week in advance, notice must be given to the news media and conspicuously posted in one or more designated public locations at least 72 hours before the meeting. For meetings scheduled less than a week in advance, public notice must be given within a reasonable time before the meeting. The Committee on Open Government has clarified that the reasonableness of the notice period depends on the urgency of the meeting.
In addition to posting notices in designated public locations, public bodies are encouraged to utilize technology to provide access to meetings. If an agency maintains a website with a high-speed internet connection, the meeting should be streamed live on the website and posted for a reasonable time after the meeting.
It is important to note that the Open Meetings Law does not provide the public with the right to speak at government meetings. While many places provide an opportunity for public comments, it is not a requirement, and board members are not obligated to respond to public questions or comments.
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Notice must be posted at least 72 hours before the meeting
The New York State Open Meetings Law applies to "public bodies", which include entities consisting of two or more people who conduct public business and perform a governmental function for New York State. This includes city councils, town boards, village boards of trustees, school boards, commissions, legislative bodies, and committees and subcommittees of these entities.
The law requires that public notice of meetings be given to the news media and posted in one or more designated public locations at least 72 hours in advance of the meeting. This requirement ensures that the public has adequate time to become aware of and prepare for the meeting. The notice must include the time and place of the meeting and be easily accessible to the public.
In the case of meetings scheduled with less than one week's notice, the propriety of scheduling depends on the urgency of the matter. For instance, if there is a legitimate need to convene an emergency meeting, providing a shorter notice may be deemed 'practicable' or 'reasonable'. However, if there is no pressing need, a longer notice is expected to allow for greater transparency and public involvement.
It is important to note that the Open Meetings Law does not apply to advisory committees, which only have the power to provide advice or recommendations to the full board. These committees are not required to provide public notice of their meetings or follow the same transparency guidelines as public bodies.
To ensure compliance with the law, public bodies should post notices in prominent locations that are easily accessible to the public. This could include posting notices on a website or in a physical location that is frequently visited by community members. By providing adequate notice and making it conspicuous, the public body encourages participation and upholds the democratic principles underlying the Open Meetings Law.
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Minutes must be taken at open meetings
The New York State Open Meetings Law applies to public bodies, including Village Boards, Town Boards, City Councils, County Legislatures, School Boards, and more. The law states that the public has the right to attend meetings of public bodies, listen to debates, and witness the decision-making process.
To ensure transparency and accessibility, public notice of meetings must be given to the news media and conspicuously posted in designated public locations at least 72 hours in advance for meetings scheduled at least one week ahead. For meetings scheduled less than a week in advance, public notice must still be given within a reasonable time frame.
Now, let's focus on the requirement for minutes at open meetings:
According to the New York State Open Meetings Law, minutes must be taken during open meetings and made accessible to the public. These minutes serve as a formal record of the meeting's discussions and decisions. The requirements for minutes are outlined in detail:
- Content: The minutes must include a record or summary of all motions, proposals, resolutions, and any other matters formally voted upon, along with the corresponding votes.
- Executive Sessions: Minutes of executive sessions, which are portions of meetings not open to the general public, must consist of any action taken by a formal vote. These minutes only need to capture the final determination of the action, the date, and the vote, excluding any matters that are not required to be made public under the Freedom of Information Law.
- Accessibility: The minutes of open meetings should be made available to the public. This promotes transparency and allows citizens to remain informed about the activities of their public servants.
- Format: While the law specifies the content of the minutes, the format may vary. Minutes can be structured as detailed records or concise summaries, as long as they capture the essential information accurately.
- Retention: It is essential to retain minutes for future reference. The retention period may vary depending on the public body's record-keeping policies or applicable laws.
- Distribution: The distribution methods for minutes can include posting them on official websites, distributing physical copies, or making them available upon request. Ensuring that the minutes are easily accessible to the public is crucial.
- Amendments: If corrections or amendments are made to the minutes, it is important to note these changes clearly. This can be done by indicating the original entry, the correction, and the date of the amendment, maintaining transparency in the record-keeping process.
Taking and publishing minutes of open meetings is a vital component of the New York State Open Meetings Law. It ensures that the public can review the discussions and decisions made by their elected officials, promoting transparency and accountability in the decision-making process.
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Minutes of executive sessions must be taken
Executive sessions are closed or special meetings-within-a-meeting that provide an opportunity for the board to convene privately to handle sensitive and confidential issues. They are confidential meetings that don't tend to involve 'outsiders', such as staff or advisors. Executive sessions are often called to discuss certain sensitive topics, including litigation or negotiation strategies, security arrangements, matters that require attorney-client privilege, and personnel matters.
The process for initiating an executive session typically involves a member proposing a motion, which requires a second and must receive a majority vote for approval. The minutes should record the name of the board director who called the executive session, the time it was initiated and ended, and who was in the room. All motions and votes taken during the session should be recorded, along with the meeting agenda items.
It is important to maintain strict confidentiality regarding the contents of the executive session, and information should not be disclosed to those who were not present unless explicitly authorised. The minutes of executive sessions should be concise and focus on the key decisions and votes, rather than providing a detailed summary of the discussions.
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Frequently asked questions
Conspicuous posting of public notice is required for meetings scheduled at least one week in advance. This means that notice of the time and place must be given to the news media and to the public by posting in one or more designated public locations at least 72 hours before the meeting.
Public notice of the time and place of every other meeting should be given to the news media and posted in one or more designated public locations within a reasonable time before the meeting.
The Open Meetings Law does not specify any consequences for non-compliance with the public notice requirements. However, it is important to note that the law intends to ensure the public's right to witness and participate in the decision-making process.
No, there are no provisions in the Open Meetings Law that allow a public body to waive the notice requirements. The law emphasises the importance of providing notice to ensure transparency and public participation in the decision-making process.
