Assembly Bill A2046

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2046--A
                                                         Cal. No. 91

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. JOHN, LATIMER, PAULIN, GALEF -- Multi-Sponsored
  by -- M. of A.   BOYLAND, CHRISTENSEN, COOK,  DINOWITZ,  GLICK,  GOTT-
  FRIED,  McENENY  -- read once and referred to the Committee on Govern-
  mental Operations -- reported from  committee,  advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the public officers law, in relation to  enforcement  of
  the open meetings law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 107 of the public officers law, as added by chapter
511 of the laws of 1976 and as renumbered by chapter 652 of the laws  of
1983,  subdivision  2  as amended by chapter 397 of the laws of 2008, is
amended to read as follows:
  S 107.  Enforcement.  1.  Any aggrieved person shall have standing  to
enforce  the  provisions  of  this  article against a public body by the
commencement of a proceeding pursuant to article  seventy-eight  of  the
civil  practice  law  and  rules,  [and/or] OR an action for declaratory
judgment and injunctive relief.  In any such action or proceeding, [the]
A court shall have the power, in its discretion, upon good cause  shown,
to  declare any action or part thereof [taken in violation of this arti-
cle] void in whole or in part WHEN THAT ACTION, OR SUBSTANTIAL  DELIBER-
ATIONS RELATING THERETO, WAS TAKEN OR HELD IN VIOLATION OF THIS ARTICLE.
ALTERNATIVELY,  THE  COURT  MAY STAY IMPLEMENTATION OF AN ACTION OR PART
THEREOF AND REMAND THE ACTION TO THE PUBLIC BODY FOR RECONSIDERATION  OF
THE ACTION.
  An  unintentional  failure  to fully comply with the notice provisions
required by this article shall not alone be grounds for invalidating any
action taken at a meeting of a public body.    The  provisions  of  this
article shall not affect the validity of the authorization, acquisition,
execution or disposition of a bond issue or notes.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04148-02-9

A. 2046--A                          2

  2.  In  any  proceeding  brought  pursuant  to this section, costs and
reasonable attorney fees may be awarded by the court, in its discretion,
to the successful party. If a court determines that a vote was taken  in
material  violation  of  this article, or that substantial deliberations
relating thereto occurred in private prior to such vote, the court shall
award costs and reasonable attorney's fees to the successful petitioner,
unless  there was a reasonable basis for a public body to believe that a
closed session could properly have been held.
  3.  The statute of limitations in an article seventy-eight  proceeding
with  respect  to an action taken at executive session shall commence to
run from the date the minutes of such executive session have  been  made
available to the public.
  4.  IF  A  COURT  FINDS  THAT  THE  PUBLIC  BODY OR ANY OF ITS MEMBERS
VIOLATED THIS ARTICLE, IT MAY IMPOSE A  CIVIL  PENALTY  OF  UP  TO  FIVE
HUNDRED DOLLARS PAYABLE BY EACH PUBLIC BODY ENGAGED IN SUCH VIOLATION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.