Questions & Answers

Can a Village Board vote on a resolution without prior notice or including it on the agenda during a meeting?

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QUESTION

The Village of Saugerties recently voted on a resolution spontaneously, without prior notice, and without including it on the agenda.

A village trustee simply asked for the Board to vote on it during a Board meeting. The public was not informed that a vote might be taken. Is that legal?

Thank you for your response. This sort of thing happens often—the Village Board will vote on items that aren’t on the agenda.

Answer

The practice you describe is not good governance, but it is not illegal either.

The Open Meetings Law requires local governments to post meeting documents online “as best as practicable” at least 24 hours before a meeting. The law allows some flexibility, recognizing that late-filed items may arise. However, such items should be true emergencies, not a regular occurrence—unfortunately, that’s not the case in many communities.

It’s a bad practice and a disservice to the public to frequently vote on items not listed on the agenda.

If your village offers a public comment period, you might consider raising this issue with the board. Alternatively, you could write a letter to your local newspaper, which may help draw attention to the problem.

If you need assistance with addressing the board or writing a letter, one of our members would be happy to help.

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