Recently Asked Questions (RAQs)

The Governor signed S1150A/A1228A into law [on] October 19, 2021. Now Chapter 481, this change requires that open meeting documents be available upon request or posted to the public body's website at least 24 hours prior to the open meeting at which the documents will be discussed.  Can you comment?

AND

Several libraries have questions regarding the new Open Meetings Law S1150A/A1228A

The law requires that open meeting documents be available upon request or posted to the public body’s website at least 24 hours prior to the open meeting at which the documents will be discussed. https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A01228&term=2021&Summary=Y&Memo=Y&Text=Y

Do libraries that furnish the documents upon request also have to post the documents on their websites?

Does a library have to post the documents on their website 24 hours in advance, if no one requests them?

What encompasses agency documents that “will be discussed”? I assume it includes agenda, previous meeting minutes, director’s report, treasurer’s report, proposed annual budget, etc. What about a new personnel manual that is enormous, or, a board member who introduces items under “new business” but does not submit them ahead of time to add to the agenda?

How long does a library have to leave the documents up on their website after the meeting takes place?

Will this new law remain in effect if the Gov. does not extend the modification to Open Meetings Law after January 15, 2022?

Now that Open Meetings Law modifications have been lifted, are we still required to maintain physical distancing for board meetings? We have a fifteen member board which makes it difficult to spread our trustees out. I understand that we can ask trustees whether they have been vaccinated: If all are vaccinated, do we have to maintain physical distancing? If some of them are not vaccinated, do we required all the trustees to wear masks? Do we provide physical distancing for the ones who are not fully vaccinated? I would like to host a staff luncheon ( I understand that is now allowable) but some of my staff are not vaccinated. If it is held outside, do we have to maintain physical distancing measures? What about holding the luncheon inside?

First question: With the expiration of the Executive Orders on June 24th, 2021, including the Order modifying the requirements of the Open Meetings Law, are libraries back to the "old way" of conducting trustee meetings?

Follow-up question: If the answer to the first question is "yes," does this mean that trustees who still want/need to attend remotely from home must disclose their address in the meeting notice?

A member of my board of trustees would like for us to meet in person. There would be 9 people in the room. They wanted to know if allowing the meeting to be simultaneously on Zoom would satisfy the requirements of open meetings law even though only one member of the public would be able to be physically present in order to stay under the 10-member cap for small gatherings.

Under the executive order, the modifications to Open Meetings Law meant we (I'm asking for several libraries in our system) record our Board meetings.

How long does a library (public or association) or a cooperative public library system have to keep the recording of board or committee meetings ?  Looking at http://www.archives.nysed.gov/records/local-government-records-schedule-browse?combine=meeting+recording, it states:
 "Four months after the transcription or minutes have been created"

Transcribing could be challenging, particularly for smaller libraries, so we were relieved to read that once minutes were created, we might not have to transcribe (hopefully we are reading that correctly).

However - our question is about the placement of the word "or".  Is it:

Option 1: Once transcribed, keep for four months. Once minutes are created and accepted (which might be less than four months - in our case, it would be at the next board meeting), you can delete recording.
Option 2: Whether transcribed or minutes created, keep the recordings for four months. 

Under option 2, it seems like there is a higher standard for meetings.  Pre COVID, our board meetings would occur, open to the public but usually no public in attendance, and the only "evidence" of the meeting would be the minutes.  Now, we are required to keep the recording for at least four months - which isn't a huge hardship but curious about the rationale behind that.

Thank you!