Recently Asked Questions (RAQs)

"Ask the Lawyer" got two questions about the April 9, 2022 changes to the Open Meetings Law ("OML"), which will enable library boards to more easily meet via videoconferencing.  The questions asked for sample resolution language to enable a board to meet via videoconference, and compliance checklists to make sure a board is getting all the new details right.

I just read your excellent answer about posting documents per the OML changes in advance of meetings.

I think you are right on target.

My concern is to ask you to add to your questions for the COOG the following: Do working documents being shaped and edited at committee meetings need to be posted in advance of the committee meeting?

The Committee meeting is an open meeting. Let's say the policy committee is going to discuss a draft revision to a policy. Must we really post the draft revision prior to the meeting? The way our board works, the draft is likely revised several times over three or four policy committee meetings before it becomes part of a board packet for a full board meeting. My "gut" tells me that complying at that level would be overkill. A similar situation would be draft versions of a budget.

I think the public has an opportunity to see the documents in question before they are finalized at a full board meeting, so my instinct is that working documents would not need to be posted in advance. But that's not what a strict reading of the law itself and your posting tells me.

So, I am torn and would love clarification.

Lastly, I just want to compliment you on this service that you are providing. it is really great.
 

With recent updates to the OML in New York state, there is now a requirement both to stream and to make recordings of sessions available via website as described in 103(f).[1] However, the last two sentences of 103(f) seem to limit this requirement only to certain public bodies.

We are trying to understand whether or not this applies to a municipal library board's meetings or not. Certainly we do not have any members appointed by the board, and even if you go up to being chartered by the Board of Regents, Regents are elected by the legislature, so hard to see any applicability there.

Do you see any requirement in the open meetings law for library boards to have video recordings of their meetings posted publicly via the internet? Text of 103(f) below, or online here: https://opengovernment.ny.gov/system/files/documents/2022/02/oml-text-02282022.pdf
 

(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. [emphasis added]

[1] Editor footnote:  the question slightly mis-states the Open Meeting Law's most recent requirements; we'll address this in the answer.

I am a Trustee on the Board of our library. I also serve as the Secretary to the Board. As such, I do the note-taking and draft the meeting minutes for every board meeting. Do I need to retain my handwritten notes, once I have transcribed them into document format? If so, how long must they be kept and where? FYI, the minutes are drafted, approved by the Board, then uploaded to the library website where they are available to the public.

Thanks for your consideration. Much appreciated.

As you know, Governor Kathy Hochul signed legislation (S.50001/A.40001) extending virtual access to public meetings under New York State's Open Meetings Law, which allows New Yorkers to virtually participate in local government meetings during the COVID-19 pandemic.

My assumption is that library trustees will continue to be required to provide their home address or the location from where they are remotely attending the virtual meeting. Has that law requirement changed with this extension?