Questions & Answers

Can I Record A Town Council Meeting?

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QUESTION

I am a council member of the Town of (withheld). At a budget hearing last night, the town supervisor very aggressively attempted to prevent me from recording the hearing, saying such recording was illegal.

I have attached the exchange between myself and the supervisor. I have contacted the Committee on Open Government for guidance, but I thought I might reach out to you for advice.

I would be grateful for any help you might give me.

Answer

Section 103(d)(1) of the Public Officers Law, commonly referred to as the Open Meetings Law allows for anyone to record a public meeting. The public’s right to record meetings has been part of the Open Meetings Law since 2011.

(d) 1. Any meeting of a public body that is open to the public shall be open to being photographed, broadcast, webcast, or otherwise recorded and/or transmitted by audio or video means.

The town supervisor is incorrect in his position. You or anyone else has the right to record a public meeting.
Linked below is an opinion from the NY Committee on Open Government, which may be helpful as well.

https://docsopengovernment.dos.ny.gov/coog/otext/o5335.html

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