QUESTIONS & ANSWERS

If a village board amends a local law, is a new public hearing required?

THE QUESTION

Three questions:

  1. What materials must a village board release to the public connected to a routine meeting? Do they only have to release an agenda? What about a presentation shown at the meeting that centers on a project for which a grant or bond or public expenditure will be needed?
  2. If a village board modifies a bill, must it call a new public hearing? What amendments are allowed before new notice is required?
  3. If a board holds and closes a public hearing, how long does it have before it must take action on a bill? Does the public hearing have a time stamp?
OUR ANSWER

The village board should post online an agenda and all meeting documents that will be discussed at least 24 hours prior to a meeting. If the presentation was provided to the board prior to the meeting, that should be posted as well. If the presentation was not provided prior but was given to them at or after the meeting, you can request a copy. It is possible that the presentation was shown to them but not given to them. The board can only turn over information that it has.

The issue of whether a new public hearing has to be held if changes are made to a draft local law is tricky. Whether a new public hearing is required depends on the nature and extent of the changes.

  • Minor or non-substantive changes: If the amendments are relatively minor, clarifying, or do not significantly alter the intent or impact of the proposed law, a new public hearing is generally not required.
  • Substantial changes: If the changes are significant enough that they alter the meaning, scope, or impact of the proposed law, then a new public hearing may be required to ensure the public has an opportunity to comment on the revised version.

What constitutes a minor or substantial change is up to the village board and their legal counsel.

As far as we know, there is not a maximum time period within which the board must act on voting on a local law.

We hope this helps.