At a recent legislative committee meeting, the city’s law department and council members stated that a Charter Review Commission is not a public entity subject to Open Meetings Law. They claimed that state law—specifically home rule provisions—prevents the city from requiring the commission to follow Open Meetings Law.
But how is that the case? Even if state law does not explicitly mandate open meetings for a Charter Review Commission, it does not appear to forbid such a requirement either. Shouldn’t Open Meetings Law take precedence?
According to the law:
“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affecting a public body which is more restrictive with respect to public access than this article shall be deemed superseded hereby to the extent that such provision is more restrictive than this article.”
If Open Meetings Law applies broadly to public bodies, wouldn’t that include a Charter Review Commission? I’d appreciate any legal insights on this issue.
The New York Committee on Open Government previously issued an opinion stating that Charter Commissions, while advisory, fall into a distinct category that makes them subject to Open Meetings Law. You can review their opinion here:
https://docs.dos.ny.gov/coog/otext/o2181.htm
Allowing a Charter Commission to hold closed-door meetings while discussing potential changes to the city’s charter would be a poor practice, undermining public transparency and accountability.
If there’s any uncertainty, you may want to request an updated opinion from the Committee on Open Government for further clarification.
