February 01, 2012 Amendment to Open Meetings Law – Requiring Agencies to Make Certain Documents Available to the Public
KEEPING YOU INFORMED…
On February 2, 2012, an amendment to New York’s Open Meetings Law will go into effect. The amendment requires Agencies make available to the public prior to or at an open meeting certain documents that are scheduled to be the subject of discussion during the meeting. These documents include documents: (1) available to the public pursuant to Freedom of Information Law (“FOIL”), or (2) proposed resolutions, law, rules, regulations, policies or any amendments thereto.
If an Agency maintains a regularly and routinely updated website and utilizes a high speed internet connection, documents scheduled to be discussed during a meeting of the Agency’s public body must be posted on the website prior to the meeting, to the extent practicable. The Agency determines whether it is practicable to post the documents.
If this type of website is not maintained, then upon request, the Agency will have to make documents available to the public prior to or at a meeting of the public body, provided that the Agency determines that it is practicable to do so. The documents are subject to the same twenty- five cents a page photocopying fee associated with documents copied pursuant to FOIL.
An Agency is not required to expend additional money to implement these requirements, although it may choose to do so.
Please do not hesitate to contact us if you have any questions regarding this amendment or Open Meeting Law procedures generally.
THIS MEMORANDUM IS MEANT TO ASSIST IN THE GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP, 2012