Can I speak at a meeting? The Law is silent with respect to public participation. While it has been advised that a public body does not have to allow the public to speak, many choose to permit public participation. In those instances, it has been advised that a public body must treat all persons in a like manner. For instance, the public body can adopt reasonable rules to ensure fairness; i.e., allowing those who want to speak a specific period of time to express their views.
[This form language is optional but may enhance your use of the Freedom of Information Law. You may choose to utilize certain portions that are most applicable to your request. You may cut and paste the entire form into a new email, read all provisions, and delete and/or modify those that do not apply.]
[It has been suggested that agencies create an email address dedicated to the receipt of requests. It is recommended that you review the website of the agency maintaining the records that you seek in order to locate its email address and its records access officer.]
[The subject line of your request should be "FOIL Request".]
Dear Records Access Officer:
(1) Please email the following records if possible [include as much detail about the record as possible, such as relevant dates, names, descriptions, etc.]:
(2) Please advise me of the appropriate time during normal business hours for inspecting the following records prior to obtaining copies [include as much detail about the records as possible, including relevant dates, names, descriptions, etc.]:
(3) Please inform me of the cost of providing paper copies of the following records [include as much detail about the records as possible, including relevant dates, names, descriptions, etc.].
(4) If all the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).
(5) If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of copying all records onto a CD or floppy disk.
(6) If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.
If it is necessary to modify my request, and an email response is not preferred, please contact me at the following telephone number: _____________.
If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.
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 one hundred 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 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. 5. When a public body has the ability to do so, notice of the time and place of a meeting given in accordance with subdivision one or two of this section, shall also be conspicuously posted on the public body's internet website.
§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. If a court determines that a vote was taken in material violation of this article, or that substantial deliberations relating thereto occurred in private prior to such vote, the court shall awards costs and reasonable attorney’s fees to the successful petitioner, unless there was a reasonable basis for a public body to believe that a closed session could properly have been held. 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.
For further information, contact: Committee on Open Government, NYS Department of State, One Commerce Plaza, 99 Washington
There is no statute that either authorizes or prohibits those in attendance at meetings from audio or video recording. However, the courts have consistently held that anyone may record a meeting, so long as the use of the recording device is neither disruptive nor obtrusive.
The Open Meetings Law (“the Law”) pertains to meetings of public bodies, and the phrase “public body” is defined to mean:
“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.”
For purposes of Executive Order No. 3 (“the Order”), boards, commissions, councils and the like that function within state agencies, as well as the governing bodies of many public authorities, clearly constitute public bodies subject to the Open Meetings Law and, therefore, the Order. In addition, committees consisting of two or members of those entities also fall within the coverage of the Law. Although judicial decisions indicate that ad hoc advisory bodies that do not consist solely of the members of a public body are not subject to the Law, case law also suggests that advisory bodies that are statutory creations fall within its coverage.
What is a “meeting”
A “meeting” is a gathering of a majority, a quorum, of the members of a public body for the purpose of conducting public business, even if there is no intent to take action, and irrespective of the manner in which the gathering is characterized. For example, a “work session” held by a public body solely for the purpose of discussion constitutes a meeting subject to the Law. A meeting may involve either physical convening of a majority of the members or a virtual convening accomplished by videoconferencing. Members of a public body cannot be counted as part of a quorum nor can they vote by phone, proxy or email.
Public Participation
The Law gives the public the right “to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy.” It is silent with respect to the ability of those in attendance to speak or otherwise participate. Therefore, a public body is not required to permit the public to speak at its meetings. Many do so, and in those circumstances, it has been advised that reasonable rules be adopted that treat members of the public equally.
Audio or video recording
There is no statute that either authorizes or prohibits those in attendance at meetings from audio or video recording. However, the courts have consistently held that anyone may record a meeting, so long as the use of the recording device is neither disruptive nor obtrusive.
Notice
Every meeting must be preceded by notice of the time and place given to the news media and by means of posting in one or more designated, conspicuous public locations. When a meeting is scheduled at least a week in advance, notice must be given not less than seventy-two hours prior to the meeting; if a meeting is scheduled less than a week in advance, notice must be given at a reasonable time prior to the meeting.
Closing meetings
The Law is based on a presumption of openness and requires that meetings be conducted open to the public, except in two circumstances. One involves executive sessions, and the Law defines the term “executive session” mean a portion of an open meeting during which the public may be excluded. Before entering into executive session, a motion to do so must be made in public indicating the subject or subjects to be discussed, and it must be carried by a majority of the total membership, notwithstanding absences or vacancies. Perhaps most importantly, the Law specifies and limits the grounds for entry into executive session. A public body may vote during an executive session, unless the vote is to appropriate public money. The other circumstance involves “exemptions”. When a matter is exempt from the Law, its provisions do not apply. For instance, when a public body seeks and obtains legal advice from its attorney, their communications fall within the attorney-client privilege, they are confidential by statute and, therefore, are exempt from the provisions of the Law.
After the meeting - minutes
The Law contains what might be characterized as minimum requirements concerning the contents of minutes. At a minimum, minutes of open meetings must consist of “a record or summary of all motions, proposals, resolutions and any matter formally voted upon and the vote thereon.” As such, minutes need not consist of a detailed or verbatim account of the proceedings. Minutes of executive sessions must consist of a “record or summary of the final determination” of action taken, the date and the vote of members, but they need not include information deniable under the Freedom of Information Law.
Site of a meeting
The Law requires that public bodies make reasonable efforts to hold their meetings in facilities that permit barrier-access to physically handicapped persons.
I would make both town attorneys aware of this and copy and post these notices everywhere you can. I would also send the Supervisor and board members these notices certified mail return rec. requested. I would make it very clear that they know ahead of time that you will be filming.
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
The sad thing is that we have to even be reminded of these things during the administration that ran on the platform of transparency and business like operations.
Yep, FDG is really coming thru for his constituents.
I would make both town attorneys aware of this and copy and post these notices everywhere you can. I would also send the Supervisor and board members these notices certified mail return rec. requested. I would make it very clear that they know ahead of time that you will be filming.
I spoke with Mr. Robert Freeman, who is the Executive Director for the Committee For Open Government. He told me that it is not necessary to tell anyone before hand. He said that it is a right granted to the residents to video any public meeting. He went on to say that even though this is not a law YET, it does have judicial precedence. There has never been a case where a judge made his or her decision against the person video taping.
Residents personally video the Schenectady City Council meetings and the County Legislature meetings without issue.
No matter who is in office....they have ALL been reluctant to give out FOILED information. These people have learned how to circumvent the system at the taxpayer's expense.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
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