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EDITORIAL: Don’t be left in the dark at public meetings

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No local government body in New York is run by a single person.

So to get things done, people have to gather together and meet.

And you, as a citizen, have a right to know when they’re meeting, what they’re going to talk about, to observe their discussions (with limited exceptions), to know the outcome of votes and to know how your public officials voted.

That’s why New York has the Open Meetings Law, which deals exclusively with the rules regarding how public officials may conduct their meetings.

The law covers all aspects of government meetings — notification requirements for meetings, agendas, means of access (in-person meetings and remote broadcasts), access to documents discussed during meetings, discussions and votes, and access to the minutes of meetings afterward.

As with the Freedom of Information Law, the state Committee on Open Government website provides residents with the law, a summary of it and advisory opinions.

MEETING NOTIFICATIONS

Some basics: Boards need to give 72 hours notice for a meeting (except an emergency meeting), must notify the media and post the notice in a conspicuous place (and on the internet when possible). And they have to tell you if the meeting will be available remotely and how to access it.

Meetings must be held in a space large enough to accommodate the expected audience and officials must ensure that attendees can hear the proceedings.

The area that most people find challenging and frustrating with regard to meetings is “executive sessions,” during which board members may legally discuss certain matters outside the public view.

But boards will often try to discuss certain issues behind closed doors that aren’t exempted from public discussion.

The law provides eight specific situations in which public bodies may meeting in executive session.

They are: matters that will imperil the public safety if disclosed; matters that may disclose the identity of a law enforcement agent or informer; information relating to current or future investigation or prosecution of a criminal offense that would imperil effective law enforcement if disclosed; discussions regarding proposed, pending or current litigation; collective negotiations pursuant to Article 14 of state Civil Service Law; the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; the preparation, grading or administration of examinations; and the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or the sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof. That’s it. Eight.

Be aware that public bodies will often try to circumvent the law by exploiting the public’s limited knowledge of the exemptions.

Many boards will cite “personnel” as a reason to meet in executive sessions. But note the language of the law. It’s very specific about what so-called personnel matters they may discuss. Don’t be fooled. The word “personnel” doesn’t even appear in the law.

Boards also will go into executive session to discuss “potential litigation.” That’s not in the law either. The law allows discussion of “proposed, pending or current litigation,” not the far broader possibility that someone might file litigation.

Boards must vote during the public meeting to go into executive session, and they must state the “general area or areas of the subject or subjects to be considered.” If they don’t give a reason or are too vague, don’t be afraid to ask for clarification.

While citizens are entitled to attend meetings, there’s no requirement they be allowed to speak during meetings, either to ask questions or make comments.

This is one of the flaws in the Open Meetings Law, as public meetings are often the only time citizens have direct access to their representatives. If people can’t ask questions and make comments, it deprives them of the chance to influence decisions that affect them.

Fortunately, most government bodies choose to set aside time during their meetings for public comment. But in order to ensure that as many people who want to speak at meetings have the opportunity, individual comments are often limited to only 3 to 5 minutes. So if you have more to say, either speak to your representative after the meeting or call or email them.

The Open Meetings Law ensures your right to observe your government officials in action.

Don’t let those officials operate in the dark by skirting the parts of the law they don’t like.


© The Leader Herald