Senate Bill S7054

Signed By Governor
2009-2010 Legislative Session

Authorizes the court to declare that a public body has violated the open meetings law or to declare that actions taken by a public body are void

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Sponsored By

Archive: Last Bill Status Via A10196 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S7054 (ACTIVE) - Details

See Assembly Version of this Bill:
A10196
Law Section:
Public Officers Law
Laws Affected:
Amd ยง107, Pub Off L

2009-S7054 (ACTIVE) - Summary

Authorizes the court to declare that a public body has violated the open meetings law or to declare that actions taken by a public body are void; requires members of the public body to attend a training session concerning the obligations of the open meetings law.

2009-S7054 (ACTIVE) - Sponsor Memo

2009-S7054 (ACTIVE) - Bill Text download pdf 

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

                                  7054

                            I N  S E N A T E

                              March 9, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT to amend the public officers law, in relation to the 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. Subdivision 1 of section 107 of the public officers law, as
added  by chapter 511 of the laws of 1976 and such section as renumbered
by chapter 652 of the laws of 1983, is amended to read as follows:
  1. Any aggrieved person shall have standing to enforce the  provisions
of  this article against a public body by the commencement of a proceed-
ing 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, IF A COURT DETERMINES  THAT  A
PUBLIC BODY FAILED TO COMPLY WITH THIS ARTICLE, the court shall have the
power,  in its discretion, upon good cause shown, to declare [any action
or part thereof taken in violation of this article void in whole  or  in
part]  THAT  THE  PUBLIC  BODY  VIOLATED THIS ARTICLE AND/OR DECLARE THE
ACTION TAKEN IN RELATION TO SUCH VIOLATION VOID, IN WHOLE  OR  IN  PART,
WITHOUT PREJUDICE TO RECONSIDERATION IN COMPLIANCE WITH THIS ARTICLE. IF
THE  COURT  DETERMINES THAT A PUBLIC BODY HAS VIOLATED THIS ARTICLE, THE
COURT MAY REQUIRE THE MEMBERS OF THE PUBLIC BODY  TO  PARTICIPATE  IN  A
TRAINING  SESSION  CONCERNING  THE  OBLIGATIONS  IMPOSED BY THIS ARTICLE
CONDUCTED BY THE STAFF OF THE COMMITTEE ON OPEN GOVERNMENT.
  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 arti-
cle  shall  not  affect  the validity of the authorization, acquisition,
execution or disposition of a bond issue or notes.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16186-01-0

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