Questions & Answers

Does a meeting between the mayor, deputy mayor, and school board officials violate open meetings law?

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QUESTION

I’m a member of the press and recently received information from a source who saw our mayor and deputy mayor leaving a meeting with the president and vice-president of the Croton-Harmon school board. It appears these four officials were meeting inside our municipal building.

Does the open meetings law allow for such informal gatherings, as long as no official actions are taken? Would a FOIL request be appropriate to obtain any records related to this meeting, such as those created before, during, or after?

Any guidance or advice would be appreciated.

Answer

This meeting does not appear to violate the Open Meetings Law.

The Open Meetings Law applies when a quorum of the town board or a quorum of school board members meet to conduct public business. If a board consists of five members, then two can meet and discuss public business without violating the law.

Based on your description, it doesn’t seem that a quorum of either the town board or school board was present.

A FOIL request may not yield any records, but it’s still worth trying if you’re interested in obtaining documentation related to the meeting.

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