BILL NUMBER: S4753

SPONSOR: PARKER
 
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 offi-
cials 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 Execu-
tive Order was endorsed by former Governor Eliot Spitzer in an effort to
achieve openness and transparency in access to the governmental deci-
sion-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 exam-
ple, two representatives of the Nassau County Village Officials Associ-
ation 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 advisor y commission on liability insur-
ance. The trial court held that because the advisory commission lacked
power to transact public business, and had no direct impact on the func-
tioning 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:
2017-18: 55047 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2013-14: Referred to Investigations & Government Operations
2011-12: Referred to Investigations & Government Operations
2009-10: Referred to Investigations & Government Operations
A.11085, 2008 Referred to Rules.
Same as S.7424A, 2008 passed senate.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.