S T A T E O F N E W Y O R K
________________________________________________________________________
7567
2011-2012 Regular Sessions
I N A S S E M B L Y
May 10, 2011
___________
Introduced by M. of A. CERETTO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to authorizing the
committee on open government to investigate violations 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 103 of the public officers law, as amended by chap-
ter 368 of the laws of 1977 and renumbered by chapter 652 of the laws of
1983, subdivision (c) as added by chapter 289 of the laws of 2000,
subdivision (d) as added by chapter 40 of the laws of 2010, and subdivi-
sion (d) as added by chapter 43 of the laws of 2010, is amended to read
as follows:
S 103. Open meetings and executive sessions. (a) Every meeting of a
public body shall be open to the general public, except that an execu-
tive session of such body may be called and business transacted thereat
in accordance with section [ninety-five] ONE HUNDRED FIVE of this arti-
cle.
(b) Public bodies shall make or cause to be made all reasonable
efforts to ensure that meetings are held in facilities that permit
barrier-free physical access to the physically handicapped, as defined
in subdivision five of section fifty of the public buildings law.
(c) A public body that uses videoconferencing to conduct its meetings
shall provide an opportunity for the public to attend, listen and
observe at any site at which a member participates.
(d) Public bodies shall make or cause to be made all reasonable
efforts to ensure that meetings are held in an appropriate facility
which can adequately accommodate members of the public who wish to
attend such meetings.
[(d)] (E) 1. Any meeting of a public body that is open to the public
shall be open to being photographed, broadcast, webcast, or otherwise
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11038-02-1
A. 7567 2
recorded and/or transmitted by audio or video means. As used herein the
term "broadcast" shall also include the transmission of signals by
cable.
2. A public body may adopt rules, consistent with recommendations from
the committee on open government, reasonably governing the location of
equipment and personnel used to photograph, broadcast, webcast, or
otherwise record a meeting so as to conduct its proceedings in an order-
ly manner. Such rules shall be conspicuously posted during meetings and
written copies shall be provided upon request to those in attendance.
S 2. Section 105 of the public officers law, as added by chapter 511
of the laws of 1976 and renumbered by chapter 652 of the laws of 1983,
and paragraphs f and h of subdivision 1 as amended by chapter 704 of the
laws of 1979, is amended to read as follows:
S 105. Conduct of executive sessions. 1. Upon a majority vote of its
total membership, taken in an open meeting pursuant to a motion identi-
fying [the general area or areas of the subject or] ONE OF THE FOLLOWING
subjects to be considered, a public body may conduct an executive
session for the below enumerated purposes only, provided, however, that
no action by formal vote shall be taken to appropriate public moneys:
a. matters which will imperil the public safety if disclosed;
b. any matter which may disclose the identity of a law enforcement
agent or informer;
c. information relating to current or future investigation or prose-
cution of a criminal offense which would imperil effective law enforce-
ment if disclosed;
d. discussions regarding proposed, pending or current litigation;
e. collective negotiations pursuant to article fourteen of the civil
service law;
f. the medical, financial, credit or employment history of a partic-
ular 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.
2. Attendance at an executive session shall be permitted to any member
of the public body and any other persons authorized by the public body.
3. THE COMMITTEE ON OPEN GOVERNMENT IS AUTHORIZED TO INVESTIGATE, UPON
THEIR OWN INITIATIVE OR UPON A COMPLAINT FILED WITHIN FOURTEEN DAYS
FOLLOWING AN ALLEGED VIOLATION, VIOLATIONS OF THIS SECTION AND IMPOSE
PENALTIES, INCLUDING REMOVAL FROM A PUBLIC BODY AND MONETARY FINES. SUCH
MONETARY FINE MAY BE LEVIED UPON AN INDIVIDUAL BOARD MEMBER OR, IF THE
COMMITTEE FINDS THE BOARD AS A WHOLE VIOLATED THIS SECTION, UPON THE
MUNICIPALITY.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.