Managing Records: Laws & Regulations
Public Officers Law
Article 7
Open Meetings Law
Section
100. Legislative declaration.
101. Short title.
102. Definitions.
103. Open meetings and executive sessions.
104. Public notice.
105. Conduct of executive sessions.
106. Minutes.
107. Enforcement.
108. Exemptions.
109. Committee on open government.
110. Construction with other laws.
111. Severability.
§ 100. Legislative declaration. It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy. The people must be able to remain informed if they are to retain control over those who are their public servants. It is the only climate under which the commonweal will prosper and enable the governmental process to operate for the benefit of those who created it.
§ 101. Short title. This article shall be known and may be cited as "Open Meetings Law".
§ 102. Definitions. As used in this article:
1. "Meeting" means the official convening of a public body for
the purpose of conducting public business, including the use of videoconferencing
for attendance and participation by the members of the public body.
2. "Public body" means any entity, for which a quorum is required
in order to conduct public business and which consists of two or more
members, performing a governmental function for the state or for an agency
or department thereof, or for a public corporation as defined in section
sixty-six of the general construction law, or committee or subcommittee
or other similar body of such public body.
3. "Executive session" means that portion of a meeting not open
to the general public.
§ 103. Open meetings and executive sessions.
(a) Every meeting of a public body shall be open to the general public,
except that an executive session of such body may be called and business
transacted thereat in accordance with section ninety-five of this article.
(b) Public bodies shall make or cause to be made all reasonable efforts
to ensure that meetings are held in facilities that permit barrier-free
physical access to the physically handicapped, as defined in subdivision
five of section fifty of the public buildings law.
(c) A public body that uses videoconferencing to conduct its meetings
shall provide an opportunity for the public to attend, listen and observe
at any site at which a member participates.
§ 104. Public notice.
1. Public notice of the time and place of a meeting scheduled at least
one week prior thereto shall be given to the news media and shall be conspicuously
posted in one or more designated public locations at least seventy-two
hours before such meeting.
2. Public notice of the time and place of every other meeting shall be
given, to the extent practicable, to the news media and shall be conspicuously
posted in one or more designated public locations at a reasonable time
prior thereto.
3. The public notice provided for by this section shall not be construed
to require publication as a legal notice.
4. If videoconferencing is used to conduct a meeting, the public notice
for the meeting shall inform the public that videoconferencing will be
used, identify the locations for the meeting, and state that the public
has the right to attend the meeting at any of the locations.
§ 105. Conduct of executive sessions.
1. Upon a majority vote of its total membership, taken in an open meeting
pursuant to a motion identifying the general area or areas of the subject
or subjects to be considered, a public body may conduct an executive session
for the below enumerated purposes only, provided, however, that no action
by formal vote shall be taken to appropriate public moneys:
a.matters which will imperil the public safety if disclosed;
b. any matter which may disclose the identity of a law enforcement agent or informer;
c. information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
d.discussions regarding proposed, pending or current litigation;
e. collective negotiations pursuant to article fourteen of the civil service law;
f. 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;
g. the preparation, grading or administration of examinations; and
h. the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.
2. Attendance at an executive session shall be permitted to any member of the public body and any other persons authorized by the public body.
§ 106. Minutes.
1. Minutes shall be taken at all open meetings of a public body which
shall consist of a record or summary of all motions, proposals, resolutions
and any other matter formally voted upon and the vote thereon.
2. Minutes shall be taken at executive sessions of any action that is
taken by formal vote which shall consist of a record or summary of the
final determination of such action, and the date and vote thereon; provided,
however, that such summary need not include any matter which is not required
to be made public by the freedom of information law as added by article
six of this chapter.
3. Minutes of meetings of all public bodies shall be available to the
public in accordance with the provisions of the freedom of information
law within two weeks from the date of such meeting except that minutes
taken pursuant to subdivision two hereof shall be available to the public
within one week from the date of the executive session.
§ 107. Enforcement.
1. Any aggrieved person shall have standing to enforce the provisions
of this article against a public body by the commencement of a proceeding
pursuant to article seventy-eight of the civil practice law and rules,
and/or an action for declaratory judgment and injunctive relief. In any
such action or proceeding, the court shall have the power, in its discretion,
upon good cause shown, to declare any action or part thereof taken in
violation of this article void in whole or in part.
An unintentional failure to fully comply with the notice provisions required
by this article shall not alone be grounds for invalidating any action
taken at a meeting of a public body. The provisions of this article shall
not affect the validity of the authorization, acquisition, execution or
disposition of a bond issue or notes.
2. In any proceeding brought pursuant to this section, costs and reasonable
attorney fees may be awarded by the court, in its discretion, to the successful
party.
3. The statute of limitations in an article seventy-eight proceeding with
respect to an action taken at executive session shall commence to run
from the date the minutes of such executive session have been made available
to the public.
§ 108. Exemptions. Nothing contained in this article shall be construed
as extending the provisions hereof to:
1. judicial or quasi-judicial proceedings, except proceedings of the public
service commission and zoning boards of appeals;
2. a. deliberations of political committees, conferences and caucuses.
b. for purposes of this section, the deliberations of political committees,
conferences and caucuses means a private meeting of members of the senate
or assembly of the state of New York, or of the legislative body of a
county, city, town or village, who are members or adherents of the same
political party, without regard to
(i) the subject matter under discussion, including discussions of public business,
(ii) the majority or minority status of such political committees, conferences and caucuses or
(iii) whether such political committees, conferences and caucuses invite staff or guests to participate in their deliberations; and
3. any matter made confidential by federal or state law.
§ 109. Committee on open government. The committee on open government, created by paragraph (a) of subdivision one of section eighty-nine of this chapter, shall issue advisory opinions from time to time as, in its discretion, may be required to inform public bodies and persons of the interpretations of the provisions of the open meetings law.
§ 110. Construction with other laws.
1. Any provision of a charter, administrative code, local law, ordinance,
or rule or regulation affecting a public body which is more restrictive
with respect to public access than this article shall be deemed superseded
hereby to the extent that such provision is more restrictive than this
article.
2. Any provision of general, special or local law or charter, administrative
code, ordinance, or rule or regulation less restrictive with respect to
public access than this article shall not be deemed superseded hereby.
3. Notwithstanding any provision of this article to the contrary, a public
body may adopt provisions less restrictive with respect to public access
than this article.
§ 111. Severability. If any provision of this article or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of the article or the application thereof to other persons and circumstances.