NEW YORK COALITION FOR OPEN GOVERNMENT

Open Meetings

QUESTIONS AND ANSWERS

Are Charter Review Commissions Subject to Open Meetings Law?

At a recent legislative committee meeting, the city’s law department and council members stated that a Charter Review Commission is not a public entity subject to Open Meetings Law. They claimed that state law—specifically home rule provisions—prevents the city from requiring the commission to follow Open Meetings Law.

But how is that the case? Even if state law does not explicitly mandate open meetings for a Charter Review Commission, it does not appear to forbid such a requirement either. Shouldn’t Open Meetings Law take precedence?

According to the law:

“Any provision of a charter, administrative code, local law, ordinance, or rule or regulation affecting a public body which is more restrictive with respect to public access than this article shall be deemed superseded hereby to the extent that such provision is more restrictive than this article.”

If Open Meetings Law applies broadly to public bodies, wouldn’t that include a Charter Review Commission? I’d appreciate any legal insights on this issue.

Are There Funding Options to live-stream City Meetings?

I live in a small city in New York State where public meetings at City Hall are not live-streamed. This means that many residents—such as disabled individuals, senior citizens, housebound residents, and those without transportation—have no way to watch meetings or provide input.

According to the mayor’s office, a proposal to fund live streaming was included in this year’s budget discussions but was voted down. Additionally, the mayor has stated that the city lacks IT staff to implement the service. This issue has been raised multiple times over the years but has repeatedly been rejected.

My question is: Are there funding sources available to help bring live streaming to my city? Many residents remain uninformed about important decisions until after they are made, with little opportunity for input. Without live streaming, only those who can physically attend meetings have access to discussions that affect the entire community. Most of us only learn about decisions after they are posted on the city’s website.

Are there grants or other resources that could help ensure greater transparency and public participation?

What Rules Ensure Town Supervisors Keep Boards Informed and Transparent?

Are there any regulations requiring a Town Supervisor to involve and keep Town Board members informed of communications regarding issues that fall under the responsibility of the Board as a whole?

I’m not sure if the term “ex parte communication” applies here, since, theoretically, the Town Board does not consist of “opposing” parties. However, a lack of transparency, failure to share information, and excluding certain factions of the Board from decision-making processes would seem contrary to good governance.

What, if any, guardrails are in place to prevent such issues?

How can we address OML violations by the NYC Procurement Policy Board?

I work at a nonprofit in NYC and closely follow the Procurement Policy Board (PPB) to understand government technology procurement.

This morning, I learned that PPB meetings will now be in-person only. Additionally, they violated the Open Meetings Law (OML) in September by providing only two days’ notice for a meeting and voting on a rule change we had testified against in August. We are currently considering all of our options. Regarding the September meeting, I reached out to the Committee on Open Government (COOG) for an advisory opinion, but they recommended pursuing the matter in court.

I would appreciate a conversation on how to best address and enforce these OML violations.

Can Board Members Vote Virtually With Cameras Off Under NYS Open Meetings Law?

Since COVID, one of the board members of the Niagara Falls Water Board has continued to attend meetings virtually, including voting, with her camera off. My understanding is that these votes cannot be counted, as she is supposed to be on camera. We have multiple screens in our boardroom and an updated technology system to accommodate virtual attendees.

I thought New York State guidelines on open meetings, post-COVID, required voting members attending virtually to have their cameras on. Has that requirement changed? If not, are this person’s votes considered valid?

Are ‘Friends of the Library’ subject to Open Meetings Law?

I was wondering if Friends of the Library were subject to Open Meetings Law. I am a new member of the board and wanted to be sure we were doing the right thing.

Do You Have to Share Your Address to Speak at a Village Meeting?

I am wondering if there is a specific law that states a person is not required to give their name and address to speak at a village meeting.

The mayor of my local village requires villagers who want to speak during the public comment portion to state their name and address for the record. While I am fine with stating my name, I do not agree with being required to disclose my address, as it makes my residence public for everyone to know.

School Board Transparency: Are Public Participation Rights Being Limited?

I have been asking questions during public participation at our board of education meetings for several months now. Recently, I was told that I am no longer allowed to ask about what we plan to do to retain our teachers and that I am only allowed to ask the school board about policy.

Is this accurate? Can they limit what I am allowed to talk about when I’ve been asking questions for months and now they are changing the rules?

Additionally, while reading this website, I noticed that meetings are supposed to be posted 72 hours in advance. Where do they have to post this information? I don’t think this is happening, as there have been many times when I only heard about a meeting because a board member mentioned it to me. I haven’t seen anything posted anywhere.

I’m also curious about the lack of public discussion during meetings. Often, statements like “all in favor of section 1.1-2.2” are made, and then there is no discussion. The public never sees the back-and-forth on these topics. Board members consistently refer to the “packet” they are given. I have asked for a copy of this packet, but they have not provided it. They only give me the agenda.

I feel like our board is not being transparent with the public, and I’m not sure what to do about it.

Please guide me so I can be better informed about how this process is supposed to work.

Should Planning Board meetings be streamed if a town already has the equipment?

Thanks for contacting me regarding your article

An important aspect of government transparency is ensuring that the public can observe and understand the discussions and actions taken by government officials. Since not everyone can attend meetings in person, government meetings should be livestreamed whenever possible, with recordings made available online afterward.

If the town of Malta is already livestreaming its town board meetings, there is no legitimate reason not to extend this practice to Planning Board meetings. Both the Town Board and the Planning Board should fully commit to transparency by livestreaming all meetings.

Can a meeting between the Republican caucus and a Democratic administration still be considered a caucus meeting?

Caucus meetings, which consist of elected members from the same party, can occur behind closed doors and exclude members of other political parties.

Republican legislators are allowed to meet with staff members of the Democratic County Executive, or even the Democratic County Executive themselves, as long as only Republican legislators are present. The key factor is the party enrollment of the legislators, not the party affiliation of staff or others.

Caucus meetings represent a significant loophole in the Open Meetings Law. They should be limited to discussions about caucus leadership or other internal party matters, not public business. However, under the current law, public business can still be discussed. Some places have addressed this by passing local laws that prohibit public business from being discussed during caucus meetings.

BLOG, NEWS AND REPORTS
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January 28, 2025

Are Charter Review Commissions Subject to Open Meetings Law?

question and answers vector art - q&a
January 8, 2025

Are There Funding Options to live-stream City Meetings?

question and answers vector art - q&a
November 26, 2024

What Rules Ensure Town Supervisors Keep Boards Informed and Transparent?

question and answers vector art - q&a
November 15, 2024

How can we address OML violations by the NYC Procurement Policy Board?

question and answers vector art - q&a
November 8, 2024

Can Board Members Vote Virtually With Cameras Off Under NYS Open Meetings Law?

question and answers vector art - q&a
November 5, 2024

Are ‘Friends of the Library’ subject to Open Meetings Law?

question and answers vector art - q&a
November 5, 2024

Do You Have to Share Your Address to Speak at a Village Meeting?

question and answers vector art - q&a
October 14, 2024

School Board Transparency: Are Public Participation Rights Being Limited?

question and answers vector art - q&a
August 1, 2024

Should Planning Board meetings be streamed if a town already has the equipment?

question and answers vector art - q&a
July 25, 2024

Can a meeting between the Republican caucus and a Democratic administration still be considered a caucus meeting?