NY State Senate Bill 2023-S8410

Current Bill Status - On Floor Calendar

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	1st report cal.896
Jan 29, 2024	referred to local government

2023-S8410 (ACTIVE) - Details

See Assembly Version of this Bill:: A9988
Law Section:: General Municipal Law
Laws Affected:: Amd §239-c, Gen Muni L; amd §§27 & 81, Gen City L; amd §§267 & 271, Town L; amd §§7-712 & 7-718, Vil L

2023-S8410 (ACTIVE) - Summary

Expands the training time for local municipalities in relation to the open meetings law; requires at least one hour of such training be provided by the committee on open government or an appropriate entity in relation to compliance with the open meetings law.

2023-S8410 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8410

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general municipal law, the general city law, the
town law and the village law, in relation to expanding training require-
ments for municipalities in relation to compliance with the open meet-
ings law

 
PURPOSE:

To require members of various municipal and local bodies to complete
annual training on compliance with the open meetings law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (d) of subdivision 2 of section 239-c of the
general municipal law to require members of county planning boards to
complete annual training in the open meetings law.

Section 2 amends subdivision 7-a of section 27 of the general city law

to require members of city planning boards to complete annual training
in the open meetings law.

Section 3 amends subdivision 7-a of section 81 of the general city law
to require members of city boards of appeal to complete annual training
in the open meetings law.

Section 4 amends subdivision 7-a of section 267 of the town law to
require members of town boards of appeal to complete annual training in
the open meetings law.

Section 5 amends subdivision 7-a of section 271 of the town law to
require members of town planning boards to complete annual training in
the open meetings law.

Section 6 amends subdivision 7-a of section 7-712 of the village law to
require members of village boards of appeal to complete annual training
in the open meetings law.

Section 7 amends subdivision 7-a of section 7-718 of the village law to
require members of village planning boards to complete annual training
in the open meetings law.

Section 8 sets forth the effective date.

 
JUSTIFICATION:

The Open Meetings Law governs the accessibility of meetings held by
public bodies in New York State, ensuring that members of the public may
attend, watch, and otherwise follow the decision making of these bodies.
As the legislative declaration for the Open Meetings Law (Section 100 of
the Public Officers Law) acknowledges, public access to meetings is
vital to the continued functioning of our democracy:  "The people must
be able to remain informed if they are to retain control over those who
are their public servants. It is the only climate under which the
commonweal will prosper and enable the governmental process to operate
for the benefit of those who created it."
Despite the strong safeguards contained in the Open Meetings Law, many
citizens complain of inaccessible government meetings and report what
they believe are violations of the law. The Committee of Open Government
warned in their 2023 Annual Report that "compliance failures," among
other challenges, were "contributing to a growing sense among New York-
ers that some government bodies are emboldened to ignore their Open
Meetings, FOIL, and other transparency responsibilities."1 Changing
requirements have certainly added complexity for local governments
attempting to comply with the Open Meetings Law over the last few years.
The Open Meetings Law was partially suspended during the COVID-19
pandemic2 and subsequent changes have temporarily allowed hybrid meet-
ings through July 1, 2024.3

This bill seeks to improve compliance with the requirements of the Open
Meetings Law by ensuring that key local government entities receive
annual training on their obligations under the Open Meetings Law. This
training will close any knowledge gaps, ensuring that lack of compliance
is not due to ignorance.

This bill builds on existing training requirements for certain local
government entities established by chapter 662 of the laws of 2006.
Under these requirements members of all county boards of appeal, and
city (excluding New York City), town, and village planning boards and
boards of appeal must complete a minimum of 4 hours of training per year
relevant to their roles. This bill would require each subject entity to
complete an additional hour of training per year on compliance with the
Open Meetings Law provided by the Committee on Open Government or anoth-
er appropriate entity. Unlike other training required by chapter 662 of
the laws of 2006, training in the open meetings law may not be waived by
the county, city, town, or village.

While these requirements do not apply to every public body -- of which
there are thousands in New York State -- they will make a meaningful
difference to citizens who expect their local governments to meet basic
standards of accessibility and transparency.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date when it shall become a law.
1 Committee on Open Government. "2023 Report to the Governor and State
Legislature." Accessed on January 14th, 2023 at
https://opengovernment.ny.gov/system/files/documents/2023/12/2023-coogan
nual-report final.pdf
2 Beginning with Executive Order 202.1 in March, 2020.
3 Chapter 58 of the Laws of 2023

2023-S8410 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8410
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, the  general  city  law,  the
   town  law  and  the  village  law,  in  relation to expanding training
   requirements for municipalities in relation  to  compliance  with  the
   open meetings law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 2  of  section  239-c  of  the
 general municipal law, as amended by chapter 662 of the laws of 2006, is
 amended to read as follows:
   (d)  Training and attendance requirements. (i) Each member of a county
 planning board shall complete, at a minimum, [four] FIVE hours of train-
 ing each year designed to enable such members to more effectively  carry
 out their duties. Training received by a member in excess of [four] FIVE
 hours  in any one year may be carried over by the member into succeeding
 years in order to meet the requirements of this paragraph. Such training
 shall be approved by the county and may include, but not be limited  to,
 training provided by a regional or county planning office or commission,
 county  planning  federation,  state agency, statewide municipal associ-
 ation, college or other similar entity, PROVIDED THAT AT LEAST ONE  HOUR
 OF  SUCH  TRAINING  IS  PROVIDED  BY THE COMMITTEE ON OPEN GOVERNMENT OR
 ANOTHER APPROPRIATE ENTITY IN RELATION TO COMPLIANCE WITH THE OPEN MEET-
 INGS LAW.  Training may be provided in a variety of  formats,  including
 but  not  limited  to,  electronic  media,  video, distance learning and
 traditional classroom training.
   (ii) To be eligible for reappointment to such board, such member shall
 have completed the training promoted by  the  county  pursuant  to  this
 paragraph.
   (iii)  The  training required by this paragraph may be waived or modi-
 fied by the county when, in the judgment of the governing board,  it  is
 in the best interest of the county to do so PROVIDED THAT THE COUNTY MAY
 NOT  WAIVE  REQUIRED  TRAINING  IN  RELATION TO COMPLIANCE WITH THE OPEN
 MEETINGS LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14078-04-4
 S. 8410                             2
 
   (iv) No decision of  a  county  planning  board  shall  be  voided  or
 declared invalid because of a failure to comply with this paragraph.
   §  2.  Subdivision 7-a of section 27 of the general city law, as added
 by chapter 662 of the laws of 2006, is amended to read as follows:
   7-a. Training and attendance requirements. a. Each member of the plan-
 ning board of a city, except a city having a population of more than one
 million, shall complete, at a minimum, [four]  FIVE  hours  of  training
 each  year designed to enable such members to more effectively carry out
 their duties. Training received by a member in  excess  of  [four]  FIVE
 hours  in any one year may be carried over by the member into succeeding
 years in order to meet the requirements of this subdivision. Such train-
 ing shall be approved by the legislative body and may include,  but  not
 be  limited  to, training provided by a municipality, regional or county
 planning office or commission, county planning federation, state agency,
 statewide  municipal  association,  college  or  other  similar  entity,
 PROVIDED  THAT  AT  LEAST  ONE  HOUR OF SUCH TRAINING IS PROVIDED BY THE
 COMMITTEE ON OPEN GOVERNMENT OR ANOTHER APPROPRIATE ENTITY  IN  RELATION
 TO  COMPLIANCE WITH THE OPEN MEETINGS LAW. Training may be provided in a
 variety of formats, including but  not  limited  to,  electronic  media,
 video, distance learning and traditional classroom training.
   b.  To  be eligible for reappointment to such board, such member shall
 have completed the training promoted by the city pursuant to this subdi-
 vision.
   c. The training required by this subdivision may be waived or modified
 by resolution of the legislative body of the city when, in the  judgment
 of  such  legislative body, it is in the best interest of the city to do
 so, PROVIDED THAT THE CITY MAY NOT WAIVE REQUIRED TRAINING  IN  RELATION
 TO COMPLIANCE WITH THE OPEN MEETINGS LAW.
   d. No decision of a planning board shall be voided or declared invalid
 because of a failure to comply with this subdivision.
   §  3.  Subdivision 7-a of section 81 of the general city law, as added
 by chapter 662 of the laws of 2006, is amended to read as follows:
   7-a. Training and attendance requirements.  (a)  Each  member  of  the
 board  of  appeals  in a city, except a city having a population of more
 than one million, shall complete, at a minimum,  [four]  FIVE  hours  of
 training  each  year designed to enable such members to more effectively
 carry out their duties. Training received  by  a  member  in  excess  of
 [four] FIVE hours in any one year may be carried over by the member into
 succeeding  years in order to meet the requirements of this subdivision.
 Such training shall be approved by the legislative body and may include,
 but not be limited to, training provided by a municipality, regional  or
 county  planning office or commission, county planning federation, state
 agency,  statewide  municipal  association,  college  or  other  similar
 entity,  PROVIDED THAT AT LEAST ONE HOUR OF SUCH TRAINING IS PROVIDED BY
 THE COMMITTEE ON  OPEN  GOVERNMENT  OR  ANOTHER  APPROPRIATE  ENTITY  IN
 RELATION  TO  COMPLIANCE  WITH  THE  OPEN  MEETINGS LAW. Training may be
 provided in a variety of formats, including but not  limited  to,  elec-
 tronic  media, video, distance learning and traditional classroom train-
 ing.
   (b) To be eligible for reappointment to such board, such member  shall
 have completed the training promoted by the city pursuant to this subdi-
 vision.
   (c)  The  training required by this subdivision may be waived or modi-
 fied by resolution of the legislative body of  the  city  when,  in  the
 judgement  of  such  legislative body, it is in the best interest of the
 S. 8410                             3
 
 city to do so, PROVIDED THAT THE CITY MAY NOT WAIVE REQUIRED TRAINING IN
 RELATION TO COMPLIANCE WITH THE OPEN MEETINGS LAW.
   (d)  No  decision  of  a  board of appeals shall be voided or declared
 invalid because of a failure to comply with this subdivision.
   § 4. Subdivision 7-a of section 267 of the town law, as added by chap-
 ter 662 of the laws of 2006, is amended to read as follows:
   7-a. Training and attendance requirements.  (a)  Each  member  of  the
 board  of  appeals  shall  complete,  at a minimum, [four] FIVE hours of
 training each year designed to enable such members to  more  effectively
 carry  out  their  duties.  Training  received  by a member in excess of
 [four] FIVE hours in any one year may be carried over by the member into
 succeeding years in order to meet the requirements of this  subdivision.
 Such  training  shall be approved by the town board and may include, but
 not be limited to, training provided  by  a  municipality,  regional  or
 county  planning office or commission, county planning federation, state
 agency,  statewide  municipal  association,  college  or  other  similar
 entity,  PROVIDED THAT AT LEAST ONE HOUR OF SUCH TRAINING IS PROVIDED BY
 THE COMMITTEE ON  OPEN  GOVERNMENT  OR  ANOTHER  APPROPRIATE  ENTITY  IN
 RELATION  TO  COMPLIANCE  WITH  THE  OPEN  MEETINGS LAW. Training may be
 provided in a variety of formats, including but not  limited  to,  elec-
 tronic  media, video, distance learning and traditional classroom train-
 ing.
   (b) To be eligible for reappointment to such board, such member  shall
 have completed the training promoted by the town pursuant to this subdi-
 vision.
   (c)  The  training required by this subdivision may be waived or modi-
 fied by resolution of the town board when, in the judgment of  the  town
 board,  it  is  in the best interest of the town to do so, PROVIDED THAT
 THE TOWN MAY NOT WAIVE REQUIRED TRAINING IN RELATION TO COMPLIANCE  WITH
 THE OPEN MEETINGS LAW.
   (d)  No  decision  of  a  zoning  board  of appeals shall be voided or
 declared invalid because of a failure to comply with this subdivision.
   § 5. Subdivision 7-a of section 271 of the town law, as added by chap-
 ter 662 of the laws of 2006, is amended to read as follows:
   7-a. Training and attendance requirements. a. Each member of the plan-
 ning board shall complete, at a minimum, [four] FIVE hours  of  training
 each  year designed to enable such members to more effectively carry out
 their duties. Training received by a member in  excess  of  [four]  FIVE
 hours  in any one year may be carried over by the member into succeeding
 years in order to meet the requirements of this subdivision. Such train-
 ing shall be approved by the town board and  may  include,  but  not  be
 limited  to,  training  provided  by  a municipality, regional or county
 planning office or commission, county planning federation, state agency,
 statewide  municipal  association,  college  or  other  similar  entity,
 PROVIDED  THAT  AT  LEAST  ONE  HOUR OF SUCH TRAINING IS PROVIDED BY THE
 COMMITTEE ON OPEN GOVERNMENT OR ANOTHER APPROPRIATE ENTITY  IN  RELATION
 TO  COMPLIANCE WITH THE OPEN MEETINGS LAW. Training may be provided in a
 variety of formats, including but  not  limited  to,  electronic  media,
 video, distance learning and traditional classroom training.
   b.  To  be eligible for reappointment to such board, such member shall
 have completed the training promoted by the town pursuant to this subdi-
 vision.
   c. The training required by this subdivision may be waived or modified
 by resolution of the town board when, in the judgment of the town board,
 it is in the best interest of the town to do so, PROVIDED THAT THE  TOWN
 S. 8410                             4

 MAY  NOT WAIVE REQUIRED TRAINING IN RELATION TO COMPLIANCE WITH THE OPEN
 MEETINGS LAW.
   d. No decision of a planning board shall be voided or declared invalid
 because of a failure to comply with this subdivision.
   §  6. Subdivision 7-a of section 7-712 of the village law, as added by
 chapter 662 of the laws of 2006, is amended to read as follows:
   7-a. Training and attendance requirements.  (a)  Each  member  of  the
 board  of  appeals  shall  complete,  at a minimum, [four] FIVE hours of
 training each year designed to enable such members to  more  effectively
 carry  out  their  duties.  Training  received  by a member in excess of
 [four] FIVE hours in any one year may be carried over by the member into
 succeeding years in order to meet the requirements of this  subdivision.
 Such  training  shall  be  approved  by  the  board  of trustees and may
 include, but not be limited to, training  provided  by  a  municipality,
 regional or county planning office or commission, county planning feder-
 ation,  state  agency, statewide municipal association, college or other
 similar entity, PROVIDED THAT AT LEAST ONE  HOUR  OF  SUCH  TRAINING  IS
 PROVIDED  BY  THE  COMMITTEE  ON  OPEN GOVERNMENT OR ANOTHER APPROPRIATE
 ENTITY IN RELATION TO COMPLIANCE WITH THE OPEN MEETINGS LAW.    Training
 may  be  provided in a variety of formats, including but not limited to,
 electronic media, video, distance  learning  and  traditional  classroom
 training.
   (b)  To be eligible for reappointment to such board, such member shall
 have completed the training promoted by the  village  pursuant  to  this
 subdivision.
   (c)  The  training required by this subdivision may be waived or modi-
 fied by resolution of the board of trustees when, in the judgment of the
 board of trustees, it is in the best interest of the village to  do  so,
 PROVIDED THAT THE VILLAGE MAY NOT WAIVE REQUIRED TRAINING IN RELATION TO
 COMPLIANCE WITH THE OPEN MEETINGS LAW.
   (d)  No  decision  of  a  board of appeals shall be voided or declared
 invalid because of a failure to comply with this subdivision.
   § 7. Subdivision 7-a of section 7-718 of the village law, as added  by
 chapter 662 of the laws of 2006, is amended to read as follows:
   7-a. Training and attendance requirements. a. Each member of the plan-
 ning  board  shall complete, at a minimum, [four] FIVE hours of training
 each year designed to enable such members to more effectively carry  out
 their  duties.  Training  received  by a member in excess of [four] FIVE
 hours in any one year may be carried over by the member into  succeeding
 years in order to meet the requirements of this subdivision. Such train-
 ing  shall be approved by the board of trustees and may include, but not
 be limited to, training provided by a municipality, regional  or  county
 planning office or commission, county planning federation, state agency,
 statewide  municipal  association,  college  or  other  similar  entity,
 PROVIDED THAT AT LEAST ONE HOUR OF SUCH  TRAINING  IS  PROVIDED  BY  THE
 COMMITTEE  ON  OPEN GOVERNMENT OR ANOTHER APPROPRIATE ENTITY IN RELATION
 TO COMPLIANCE WITH THE OPEN MEETINGS LAW.  Training may be provided in a
 variety of formats, including but  not  limited  to,  electronic  media,
 video, distance learning and traditional classroom training.
   b.  To  be eligible for reappointment to such board, such member shall
 have completed the training promoted by the  village  pursuant  to  this
 subdivision.
   c. The training required by this subdivision may be waived or modified
 by  resolution  of  the  board  of trustees when, in the judgment of the
 board of trustees, it is in the best interest of the village to  do  so,
 S. 8410                             5
 
 PROVIDED THAT THE VILLAGE MAY NOT WAIVE REQUIRED TRAINING IN RELATION TO
 COMPLIANCE WITH THE OPEN MEETINGS LAW.
   d. No decision of a planning board shall be voided or declared invalid
 because of a failure to comply with this subdivision.
   §  8. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S8410

Sponsored By

Current Bill Status - On Floor Calendar

2023-S8410 (ACTIVE) - Details

2023-S8410 (ACTIVE) - Summary

2023-S8410 (ACTIVE) - Sponsor Memo

2023-S8410 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8410

Share this bill

Sponsored By

Shelley B. Mayer

Current Bill Status - On Floor Calendar

2023-S8410 (ACTIVE) - Details

2023-S8410 (ACTIVE) - Summary

2023-S8410 (ACTIVE) - Sponsor Memo

2023-S8410 (ACTIVE) - Bill Text download pdf

Comments