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This entry was published on 2017-03-10
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SECTION 103
Open meetings and executive sessions
Public Officers (PBO) CHAPTER 47, ARTICLE 7
§ 103. Open meetings and executive sessions. (a) Every meeting of a
public body shall be open to the general public, except that an
executive session of such body may be called and business transacted
thereat in accordance with section ninety-five of this article.

(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.

* NB There are 2 sub (d)'s

* (d) 1. Any meeting of a public body that is open to the public shall
be open to being photographed, broadcast, webcast, or otherwise 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
orderly manner. Such rules shall be conspicuously posted during meetings
and written copies shall be provided upon request to those in
attendance.

* NB There are 2 sub (d)'s

(e) Agency records available to the public pursuant to article six of
this chapter, as well as any proposed resolution, law, rule, regulation,
policy or any amendment thereto, that is scheduled to be the subject of
discussion by a public body during an open meeting shall be made
available, upon request therefor, to the extent practicable as
determined by the agency or the department, prior to or at the meeting
during which the records will be discussed. Copies of such records may
be made available for a reasonable fee, determined in the same manner as
provided therefor in article six of this chapter. If the agency in which
a public body functions maintains a regularly and routinely updated
website and utilizes a high speed internet connection, such records
shall be posted on the website to the extent practicable as determined
by the agency or the department, prior to the meeting. An agency may,
but shall not be required to, expend additional moneys to implement the
provisions of this subdivision.

(f) Open meetings of an agency or authority shall be, to the extent
practicable and within available funds, broadcast to the public and
maintained as records of the agency or authority. If the agency or
authority maintains a website and utilizes a high speed internet
connection, such open meeting shall be, to the extent practicable and
within available funds, streamed on such website in real-time, and
posted on such website within and for a reasonable time after the
meeting. For the purposes of this subdivision, the term "agency" shall
mean only a state department, board, bureau, division, council or office
and any public corporation the majority of whose members are appointed
by the governor. For purposes of this subdivision, the term "authority"
shall mean a public authority or public benefit corporation created by
or existing under any state law, at least one of whose members is
appointed by the governor (including any subsidiaries of such public
authority or public benefit corporation), other than an interstate or
international authority or public benefit corporation.