This letter, written by MSF member Fred Urich, addresses the importance of open government, which is another principle of MSF’s Statement of Principles.
To the Editor:
At election time a discussion on the open and transparent operation of city government seems both important and relevant. New York’s Open Meetings Law gives us the right to attend, listen and observe our government’s meetings. Prior to any meeting we must be given notice or the time and place of the meeting. The law also provides that any meeting can be photographed, broadcast, webcast or otherwise recorded as long as the equipment used to do so is not disruptive or obtrusive.
Meeting” is defined to mean “the official convening of a public body for the purpose of conducting public business” “Public body” is defined to cover entities consisting of two or more people that conduct public business and perform a governmental function for the state, for an agency of the state, or for public corporations, including cities, counties, towns, villages and school districts (§102(2)). In addition, committees and subcommittees consisting solely of members of a governing body are specifically included within the definition. Consequently, city councils, town boards, village boards of trustees, school boards, commissions, legislative bodies and sub/committees of those groups all fall within the framework of the law. Citizens advisory bodies and similar advisory groups that are not created by law are not required to comply with the Open Meetings Law.
A public body cannot close its doors to the public to discuss the subject of its choice, for the law specifies and limits the subject matter that may appropriately be discussed in executive session. The eight areas that may be discussed behind closed doors include:
(a) matters which will imperil the public safety if disclosed;
(b) any matter which may disclose the identity of a law enforcement agency or
informer;
(c) information relating to current or future investigation or prosecution of a criminal
offense which would imperil effective law enforcement if disclosed;
(d) discussions regarding proposed, pending or current litigation;
(e) collective negotiations pursuant to Article 14 of the Civil Service Law
(the Taylor Law);
(f)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;
(g) the preparation, grading or administration of examinations; and
(h) the proposed acquisition, sale or lease of real property or the proposed acquisition
of securities, or sale or exchange of securities held by such public body, but only
when publicity would substantially affect the value thereof.
The Open Meetings Law requires that minutes of both open meetings and executive sessions must be compiled and made available (§106).
Minutes of an open meeting must consist of “a record or summary of all motions, proposals, resolutions and any matter formally voted upon and the vote thereon.” Minutes of executive sessions must consist of “a record or summary of the final determination” of action that was taken, “and the date and vote thereon.”
While the Open Meetings Law is silent on our right to speak or participate at a meeting, we hope our city government will encourage the participation of all its citizens.
For further information on the Open Meetings Law, please go to www.dos.state.ny.us/video/coog.html
Frederic A. Urich
Member, Main Street First