Senate Bill S3247

                                 BILL NUMBER:  S3247

 TITLE OF BILL :
An act to amend the public officers law, in relation to the definition
of a "public body"


 PURPOSE OR GENERAL IDEA OF BILL :
This bill will require that entities with two or more members created
by executive order of the governor are subject to the Open Meetings
Law.

 SUMMARY OF PROVISIONS :
Section one of the bill amends subdivision two of section 102 of the
public officers law to require that entities consisting of two or more
members created by executive order of the Governor are included in the
definition of a "public body" and therefore subject to the provisions
of the Open Meetings Law. Section two of the bill provides the
effective date.

 JUSTIFICATION :
Executive Order
3 from January 1, 2007, states, "It is essential to the maintenance of
a democratic society that the public business be performed in an open
and public manner; and the citizens of this State be fully aware of
and able to observe the performances of public officials and attend
              

and listen to the deliberations and decisions that go into the making
of public policy; and the people must be able to remain informed if
they are to retain control over those who are their public servants;
and the Open Meetings Law requires every meeting of a public body
shall be open to the general public." The above referenced Executive
Order was endorsed by former Governor Eliot Spitzer in an effort to
achieve openness and transparency in access to the governmental
decision-making process.  Notwithstanding this stated policy, the
Commission on Local Government Efficiency and Competitiveness, created
by the former Governor Spitzer under Executive Order
11 on April 23, 2007, has operated and conducted its business behind
closed doors, excluding interested parties who have attempted to
attend its sessions.  For example, two representatives of the Nassau
County Village Officials Association were asked to leave the January
23, 2008 meeting of the Commission and, according to press reports,
were told by a senior advisor to the Governor that the Commission's
meetings were not subject to the State's Open Meetings Law, In
addition, they were directed to an opinion furnished by the Governor's
Counsel's Office. The Counsel's opinion was based on a 22 year-old
State Supreme Court case, not reviewed at the appellate level,
involving an advisory commission on liability insurance. The trial
court held that because the advisory commission lacked power to
transact public business, and had no direct impact on the functioning
of the government of the state, it was not subject to the Open
Meetings Law.  Irrespective of that court case, the issue is not
whether the proceedings of a major advisory commission must be open to
the public, but whether it should be open to the public. Clearly, the
work of the Commission on Local Government Efficiency and
Competitiveness is very significant and important, and is likely to
have profound effects on the functioning of government. This
commission and others similarly formed and tasked must and should be
open to public scrutiny.

 LEGISLATIVE HISTORY :
A.11085, 2008 Referred to Rules. Same as S.7424A, 2008 passed senate.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.