What your local government must do before, during, and after every public meeting, written for citizens, not lawyers.
for notice of the time and place before a scheduled meeting
for agenda documents to be posted online before the meeting
to post minutes or a recording after the meeting
public vote required before any executive session can begin
The New York State Open Meetings Law begins with the following:
“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.”
For meetings scheduled at least a week in advance, notice of the time and place must be provided at least 72 hours before the meeting. If a meeting is scheduled on shorter notice, the time and place must be announced as soon as practicable.
At least 24 hours before a meeting, any documents scheduled to be discussed on the agenda that board members have received should be posted online for the public to see. You should not be in the dark about what your elected officials are discussing and voting on.
No later than two weeks after a meeting, minutes or a recording of the meeting must be posted online. There is no requirement to approve minutes first. Draft minutes can be posted.
Got questions? Contact us at mail@nyopengov.org.
A public body may discuss certain topics in private, but only in limited and specific circumstances. An executive session should not be scheduled in advance, and “Executive Session” should not appear as an agenda item. To enter one, a motion must be made in public that states a specific reason, gets a second, and is approved by a majority of the board. You have a right to know the specific reason for the private discussion.
Vague motions are improper. “To discuss litigation or a pending legal matter” tells the public nothing, and neither does a motion that recites every permitted reason at once. A proper motion names the matter, such as “to discuss the termination of a particular person.”
A board that may enter executive session is never required to. Nothing prevents it from discussing these items in public.
You do not have a right to speak at government meetings. Many boards provide a comment period, but they are not required to. Nothing in the law requires you to state your name and address to speak, though many boards have adopted rules that do.
Where comment is allowed, you should be able to speak on agenda and non-agenda items, but some boards limit comment to agenda items. Board members are not obligated to respond. Keep your point brief and focused, without personal attacks.
Not every committee has to follow the Open Meetings Law. If all members of a committee are elected officials, or at least two are, the committee must comply. A committee that only gives advice or recommendations to the full board is an advisory committee and is not covered. It can still comply voluntarily, and a local government can adopt rules requiring all of its committees to follow the law.
The worst loophole in the law: board members of the same political party can meet in private to discuss party business and public business. No notice is required and no minutes are kept. Staff and others can be invited, as long as only board members of one party are in the room. The coalition wants this loophole closed. It guts the Open Meetings Law.
If your local government is violating the Open Meetings Law, try to interest a local reporter in the story. Media attention sometimes embarrasses officials into compliance. Beyond that, the only remedy is hiring an attorney to file an Article 78 lawsuit. No state agency enforces the law.
Point out violations you see during your public comment time. It puts the problem on the record, in public, in the minutes.
We answer open government questions from New Yorkers, free. Search our answered questions or ask your own.
