Omar Bennett
New York's Open Meetings Law (OML) gives the general public the right to attend meetings of public bodies, including town boards, and outlines the conditions under which a meeting must be open to the public. The law defines a public body as 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. This means that a town council meeting in NYS may be illegal if it does not allow public attendance, does not give proper notice, or does not make meeting minutes available to the public.
| Characteristics | Values |
|---|---|
| Definition of a "public body" | Any entity for which a quorum is required 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 |
| Entities that constitute a "public body" | Cities, counties, towns, villages, school districts, committees, subcommittees, city councils, town boards, village boards of trustees, school boards, commissions, legislative bodies |
| Definition of a "meeting" | 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 |
| Notice requirements | If a meeting is scheduled a week or more in advance, notice must be provided at least 72 hours prior; if scheduled less than a week in advance, notice must be provided as soon as practicable; at least 24 hours prior, any documents on the agenda should be posted online |
| Public attendance | The general public has the right to attend meetings of public bodies, with the exception of closed sessions; there is no limit on access based on profession or category of people |
| Meeting minutes | Minutes or a recording of the meeting must be posted online no later than two weeks after the meeting |
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What You'll Learn
Videoconferencing
The Open Meetings Law (OML) in New York State applies to public bodies, including town boards and councils. The law requires that these meetings be open to the public, with some exceptions for executive sessions.
The public must be allowed to attend the meeting at any of the locations where a member of the public body is participating via videoconference. They must also be able to listen and observe the meeting. The meeting should be streamed online in real-time if possible, and the public body should make reasonable efforts to ensure that the meeting location allows for barrier-free physical access for the physically handicapped.
It is important to note that the use of videoconferencing should not be used to circumvent the requirement that meetings be open to the public. The OML gives the general public the right to attend meetings, and this right should be respected regardless of the meeting format.
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Notice of meetings
The New York State Open Meetings Law (OML) gives the "general public" the right to attend meetings of public bodies. The law defines a "public body" as "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".
Public bodies covered by the OML include Village Boards, Town Boards, City Councils, County Legislatures, School Boards, Commissions, Legislative Bodies, and Committees, among others.
The OML requires that notice of a meeting be provided at least 72 hours in advance if the meeting is scheduled a week or more ahead of time. If a meeting is scheduled with less than a week's notice, then notice must be given as soon as possible. At least 24 hours before the meeting, any documents that will be discussed and that have been distributed to board members should be made available to the public.
The OML also authorises public bodies to use videoconferencing for conducting meetings, provided that advance notice is given and the public is allowed to attend at any of the meeting locations.
The right to attend meetings is only meaningful if proper notice of those meetings is given. The public should not be kept in the dark about what their elected officials are discussing and voting on.
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Meeting minutes
The New York State Open Meetings Law (OML) provides the public with a right of access to the meetings of a large number of government bodies at the state and local levels. The law applies to "public bodies," defined as entities consisting of two or more people who conduct public business and perform a governmental function for New York State, its agencies, or public corporations. This includes city councils, town boards, village boards of trustees, school boards, legislative bodies, and their committees and subcommittees.
To comply with the OML, certain procedures must be followed when conducting meetings. Firstly, notice of an upcoming meeting must be provided in advance. If a meeting is scheduled a week or more in advance, notice must be given at least 72 hours prior. For meetings scheduled less than a week ahead, notice should be provided as soon as possible. The public must also be given access to relevant documents in advance; any documents to be discussed during the meeting should be posted online at least 24 hours prior, provided that board members have received them.
The OML defines a "meeting" as "the official convening of a public body for the purpose of conducting public business," including through videoconferencing. A quorum, or majority of members, must be present for it to be considered a meeting. The public has the right to attend these meetings, with some exceptions for closed sessions. However, this right to attend does not include the right to participate or comment, and the public body is not required to allow speaking during open meetings.
To ensure transparency, meeting minutes or recordings must be made available to the public. Within two weeks after a meeting, the minutes or a recording of the proceedings must be posted online for public access. These records provide an official account of the meeting's discussions and decisions, allowing for oversight and accountability of the governing body's actions.
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Public attendance
In New York State, the Open Meetings Law (OML) gives the "general public" the right to attend the meetings of public bodies. This includes entities such as village boards, town boards, city councils, county legislatures, school boards, commissions, legislative bodies, and committees. The law defines a "public body" as "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."
The OML covers a wide range of government bodies at the state and local levels in New York. It provides the public with the right to notice of these meetings and the ability to inspect and copy meeting minutes. The law requires that if a meeting is scheduled a week or more in advance, notice of the meeting must be provided at least 72 hours prior. If a meeting is scheduled with less than a week's notice, then notice must be given as soon as possible. Additionally, at least 24 hours before a meeting, any documents on the agenda that have been distributed to board members should be made available to the public. No later than two weeks after a meeting, minutes or a recording of the meeting must be posted online.
The OML also authorizes public bodies to use videoconferencing for conducting meetings, provided that the public body gives advance notice and allows the public to attend at any of the meeting locations. However, public bodies may not use email or other electronic means to circumvent the requirement that meetings be open to the public. The right to attend meetings is crucial, and proper notice must be given to ensure meaningful public participation.
It is important to note that the right to attend meetings does not include the right to participate or comment. While a public body may permit individuals to speak at open meetings, it is not mandatory for them to do so. The OML does not limit access to meetings to specific categories of people or professions, such as the traditional press. Anyone may attend, regardless of their background or affiliation.
In conclusion, the New York State Open Meetings Law ensures that the general public has the right to attend and observe the meetings of various public bodies at the state and local levels. This law promotes transparency and accountability in government by providing notice of meetings, access to meeting minutes, and the use of videoconferencing to facilitate public attendance. While the public may not have the right to participate or comment during these meetings, the OML ensures that anyone interested in attending has the opportunity to do so.
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Public participation
The New York State Open Meetings Law (OML) gives the "general public" the right to attend the meetings of public bodies, but does not include a right to participate or comment. A public body may allow you to speak at open meetings, but is not required to do so. The law defines a "public body" as "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".
Public bodies include city councils, town boards, village boards of trustees, school boards, commissions, legislative bodies, and committees and subcommittees consisting of members of those groups. The OML covers all meetings of these public bodies, which are defined as "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".
To have a meeting, there must be a "quorum" of members present, which means a majority of the members of a public body. A gathering may constitute a "meeting" even if a public body takes no formal action—it applies to any gathering where a quorum is present to discuss or deal with a matter of public business, regardless of what the gathering is called.
The OML also authorises public bodies to use videoconferencing for conducting meetings, provided that the public body gives advance notice and allows the public to attend at any of the meeting locations. However, public bodies may not use email or other electronic means to circumvent the requirement that meetings be open to the public.
To ensure that the right to attend meetings is meaningful, proper notice of those meetings must be given. If a meeting is scheduled a week or more in advance, notice of the meeting must be provided at least 72 hours prior. If a meeting is scheduled less than a week in advance, then notice must be provided as soon as possible. At least 24 hours before a meeting, any documents that are scheduled to be discussed on the agenda and which board members have received should be posted online for the public to see. No later than two weeks after a meeting, minutes or a recording of the meeting must be posted online.
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Frequently asked questions
The Open Meetings Law (OML) 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.
A "public body" is defined as "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." Examples include city councils, town boards, village boards of trustees, school boards, and legislative bodies.
A "meeting" is defined as "the official convening of a public body for the purpose of conducting public business." A quorum, or majority of members, must be present for it to be considered a meeting.
If a meeting is scheduled a week or more in advance, notice must be provided at least 72 hours prior. If scheduled less than a week in advance, notice must be provided as soon as possible. At least 24 hours before the meeting, relevant documents should be posted online for the public to view. The OML also authorises the use of videoconferencing for meetings, provided that advance notice is given and the public can attend at any meeting location.
