Questions & Answers

East Aurora School District Not Posting Documents After Platform Switch

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QUESTION

The East Aurora Union Free School District has switched to a new Board Doc platform.

Agenda related documents, including minutes, are no longer posted to the website. The Board Clerk’s explanation, that she does not post these items because she does not “anticipate” the Board will discuss these documents, seems to be a  strange interpretation of the law.

Here is the statement I received:
“Section 103(e) pertains to documents “which are scheduled to be the subject of discussion by a public body during an open meeting.”  Since we do not anticipate that these documents will be the subject of discussion during tonight’s meeting, Section 103(e) does not require that we post them in advance. “

Your thoughts?

Answer

This is the most bizarre reading of the law that I have ever heard!

The fact that items are on a meeting agenda, means they are scheduled to be discussed. A board cannot anticipate what will or will not be discussed. All documents that a board member has been provided for a meeting agenda should be posted online for the public to see as required by the Open Meetings Law.

Meeting minutes or a recording of a meeting are required to be posted online within two weeks of a meeting, whether they are anticipated to be discussed or not.

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