What recourse do I have when the town board fails to follow the open meeting rules even after being advised by the town attorney?
Unfortunately, this is one of the weaknesses of New York’s Open Meetings Law: when a public body refuses to comply, enforcement largely falls on the public.
We would first make sure you document everything. Put your concerns in writing to the Town Board, Supervisor and Town Clerk, identify the specific meetings and violations, and keep copies of any correspondence. If the Town Attorney has already advised the Board that what they are doing does not comply with the law, we would certainly document that as well.
There are also some practical ways to raise the pressure without immediately going to court.
You can raise the issue publicly at a Town Board meeting and ask the Board, on the record, why it is continuing the practice after being advised that it may violate the Open Meetings Law.
You can also bring the issue to the attention of local reporters. Open Meetings Law violations are often much easier for a public body to ignore when nobody is paying attention. Public scrutiny can sometimes accomplish what a legal citation alone does not.
And, depending on the circumstances, you can raise broader public awareness through letters to the editor, social media, community groups or other civic organizations.
You can also contact the New York State Committee on Open Government and request an advisory opinion. Their opinions can be very helpful, particularly when dealing with a board that insists its conduct is legal. The problem is that the Committee can advise, but it cannot force the Town Board to comply.
Ultimately, enforcement of the Open Meetings Law is through the courts. Public Officers Law §107 allows an aggrieved person to bring an Article 78 proceeding or seek declaratory and injunctive relief. A court can declare that the Board violated the law, potentially void an action taken in violation of the law, require Open Meetings Law training and, in some circumstances, award attorney’s fees.
Obviously, that is a big step and, sadly, many local bodies rely on the fact that this is so burdensome that they continue to ignore Open Meetings Laws with impunity.
