QUESTIONS & ANSWERS

Can a city council meet privately with its attorney without noticing a public meeting?

THE QUESTION

I’m told members of the Niagara Falls City Council have been asked to come to city hall Thursday evening for a meeting with the city’s outside attorney to discuss forming a local development corporation to oversee the $210 million Centennial Park arena project.

The city’s stance is that this is legal because it is a confidential meeting with the city’s attorney. Is that right? Shouldn’t they open a council meeting and go into executive session first to talk to a lawyer confidentially?

This is not an officially scheduled meeting. There is no notice given to the public or the press. The chair has texted council members to ask them to attend. Is that OK?

OUR ANSWER

A public body can meet with its attorneys at any time to obtain legal advice. This is one of the exemptions from the Open Meetings Law. The Open Meetings Law does not apply to such meetings.

While some places do it, there is no requirement to have a public meeting and make a motion for an executive session.