Requires certain records discussed at open meetings be made available to the public prior to such meeting

BILL NUMBER:S3255B

Title of bill

An act to amend the public officers law, in relation to requiring certain records which are the subject of a discussion conducted at an open meeting be made available to the public

Purpose

To require that certain records, which are scheduled to be the subject of discussion at an open meeting, be made available, to the extent practicable, prior to or at such meeting.

Summary of provisions

Section one amends section 103 of the Public Officers Law by adding a new subdivision (e). This new subdivision requires that certain records, which are scheduled to be the subject of discussion by a public body during an open meeting, shall be made available, to the extent practicable as determined by the agency or department, prior to or at the meeting. Copies of such records may be made available for a reasonable fee, determined in the same manner as for a FOIL request. If the agency in which a public body functions maintains a regularly updated website and has access to a high speed internet connection, such records shall be posted on the website as soon as practicable as determined by the agency or department, prior to the meeting. This section also clarifies that an agency may, but shall not be required to, expend additional moneys to implement the provisions of this section.

Section two defines the effective date as thirty days following the enactment date.

Justification

In many instances, a public body covered by the Open Meetings Law conducts a discussion of a record which was not made available to the public prior to or at the meeting. Thus, although members of the public are present at the meeting, they are unable to observe the proceedings in a meaningful way. This legislation seeks to implement the recommendations made by the Committee on Open Government to correct this problem and enhance the public's right to observe the decision-making process.

If enacted into law, this bill would require that public bodies covered by the Open Meetings Law make records available to the public that are scheduled to be discussed at the body's meeting. Specifically, this legislation would require that such records be made available to the public prior to or at the meeting, to the extent practicable, and posted on the relevant agency's website, if it maintains one and has access to a high speed internet connection, as soon as practicable prior to the meeting.

This legislation will actually decrease the burdens imposed on agencies. Making certain records available on the agency website, or in hard copy at or prior to the meeting, greatly reduces the likelihood of FOIL requests for the records after the meeting is held. Additionally, posting the record on the agency's website

imposes no cost to the agency, and eliminates the majority of administrative tasks necessary to process a FOIL request. Such proactive disclosure has been strongly recommended by the Committee on Open Government and comports with the movement toward transparency in government taking place at the state and federal levels.

Legislative history

2010: S.6849A- Referred to Investigations and Government Operations

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall become law.