Questions & Answers

What can I do about FOIL violations in the Town of Perrysburg regarding meeting agendas and minutes?

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QUESTION

I believe the Town of Perrysburg has committed several FOIL violations. Here’s what happened:

•No agenda was made public or posted for the July 8, 2024 meeting (Violation #1).

•I emailed the town clerk requesting the minutes from that meeting and never received a response (Violation #2).

•It’s been two weeks, and the minutes still haven’t been posted on the town’s website or made public (Violation #3).

What are my next steps to address these violations and ensure compliance?

Answer

Thank you for contacting our organization.

The agenda and meeting documents should be posted online at least 24 hours prior to the meeting. Failing to do so is a violation of the NY State Open Meetings Law.

Meeting minutes or a recording should be posted online within two weeks after a meeting, and not doing so is also a violation of the Open Meetings Law.

Your next options are:

1.Follow up with the town clerk, stating your understanding of the law that meeting agendas, documents, and minutes should be posted online, and ask when this will be corrected.

2.Engage a local news reporter to cover this issue, as media attention can often prompt action.

3.Bring this up at the next board meeting during the public comment period.

4.Hire an attorney to sue the town for violating the law, though this can be expensive and time-consuming.

5.Join the NY Coalition for Open Government for $30 per year to connect with other concerned citizens across the state interested in open government issues. Information on becoming a member is available on our website at www.nyopengov.org.

Our organization is working to reform the Open Meetings Law. A significant part of the problem is the lack of penalties for violations, and there should be a faster, more affordable way to address complaints like yours.

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