Open Meetings Law

Last updated May 5, 2023 
 
OPEN MEETINGS LAW 
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PUBLIC OFFICERS LAW, ARTICLE 7  
§100. Legislative declaration. 
§101. Short title. 
§102. Definitions. 
§103. Open meetings and executive sessions. 
§ 103-a. Videoconferencing by public bodies [Expires and deemed repealed July 1, 2024]. 
§104. Public notice. 
§105. Conduct of executive sessions. 
§106. Minutes. 
§107. Enforcement. 
§108. Exemptions. 
§109. Committee on open government. 
§110. Construction with other laws. 
§111. Severability. 
 
§100. Legislative declaration. 
It is essential to the maintenance of a democratic society that the public business be performed in an open and 
public manner and that the citizens of this state be fully aware of and able to observe the performance of public 
officials and attend and listen to the deliberations and decisions that go into the making of public policy. 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. 
§101. Short title.  
This article shall be known and may be cited as "Open Meetings Law". 
§102. Definitions.  
As used in this article:  
1. "Meeting" means the official convening of a public body for the purpose of conducting public business, including 
the use of videoconferencing for attendance and participation by the members of the public body.  
2. “Public body” means any entity, for which a quorum is required in order to conduct public business and which 
consists of two or more members, performing a governmental function for the state or for an agency or department 
thereof, or for a public corporation as defined in section sixty-six of the general construction law, or committee or 
subcommittee or other similar body consisting of members of such public body or an entity created or appointed to 
perform a necessary function in the decision-making process for which a quorum is required in order to conduct 
public business and which consists of two or more members. A necessary function in the decision-making process 
shall not include the provision of recommendations or guidance which is purely advisory and which does not require 
further action by the state or agency or department thereof or public corporation as defined in section sixty-six of the 
general construction law. 
3. "Executive session" means that portion of a meeting not open to the general public. 

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§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 one hundred 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.

physical location 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.

(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 at least

twenty-four hours prior to 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 at

least twenty-four hours 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.

§ 103-a. Videoconferencing by public bodies [Expires and deemed repealed July 1, 2024].

1. For the purposes of this section, "local public body" shall mean a public corporation as defined in section sixty-

six of the general construction law, a political subdivision as defined in section one hundred of the general

municipal law or a committee or subcommittee or other similar body of such entity, or any entity for which a quorum

is required in order to conduct public business and which consists of two or more members, performing a

governmental function for an entity limited in the execution of its official functions to a portion only of the state, or a

political subdivision of the state, or for an agency or department thereof. For the purposes of this section, a public

body shall be as defined in subdivision two of section one hundred two of this article.

2. A public body may, in its discretion, use videoconferencing to conduct its meetings pursuant to the requirements

of this article provided that a minimum number of members are present to fulfill the public body's quorum

requirement in the same physical location or locations where the public can attend and the following criteria are met:

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(a) the governing board of a county, city, town or village has adopted a local law, or a public body has adopted a

resolution, or the senate and assembly have adopted a joint resolution, following a public hearing, authorizing the

use of videoconferencing:

(i) for itself and its committees or subcommittees; or,

(ii) specifying that each committee or subcommittee may make its own determination;

(iii) provided however, each community board in a city with a population of one million or more shall make

its own determination;

(b) the public body has established written procedures governing member and public attendance consistent

with this section, and such written procedures shall be conspicuously posted on the public website of the public

body;

be physically present at any such meeting location due to extraordinary circumstances, as set forth in the

resolution and written procedures adopted pursuant to paragraphs (a) and (b) of this subdivision, including disability,

illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the

member's physical attendance at such meeting. Notwithstanding the in person quorum requirements set forth in this

subdivision, the public body may determine, through its written procedures governing member and public attendance

established pursuant to and consistent with this section, to allow for any member who has a disability as defined in

section two hundred ninety-two of the executive law, where such disability renders such member unable to

participate in-person at any such meeting location where the public can attend, to be considered present for

purposes of fulfilling the quorum requirements for such public body at any meetings conducted through

videoconferencing pursuant to this section, provided, however, that the remaining criteria set forth in this subdivision

are otherwise met; and provided, further, that the public body maintains at least one physical location where the

public can attend such meeting;

(d) except in the case of executive sessions conducted pursuant to section one hundred five of this article, the public

body shall ensure that members of the public body can be heard, seen and identified, while the meeting is being

conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed

or voted upon;

(e) the minutes of the meetings involving videoconferencing shall include which, if any, members participated

remotely and shall be available to the public pursuant to section one hundred six of this article;

(f) if videoconferencing is used to conduct a meeting, the public notice for the meeting shall inform the public that

videoconferencing will be used, where the public can view and/or participate in such meeting, where required

documents and records will be posted or available, and identify the physical location for the meeting where the public

can attend;

(g) the public body shall provide that each meeting conducted using videoconferencing shall be recorded and such

recordings posted or linked on the public website of the public body within five business days following the meeting,

and shall remain so available for a minimum of five years thereafter. Such recordings shall be transcribed upon

request;

(h) if videoconferencing is used to conduct a meeting, the public body shall provide the opportunity for members of

the public to view such meeting via video, and to participate in proceedings via videoconference in real time where

public comment or participation is authorized and shall ensure that videoconferencing authorizes the same public

participation or testimony as in person participation or testimony; and

(i) a local public body electing to utilize videoconferencing to conduct its meetings must maintain an official website.

3. The in person participation requirements of paragraph (c) of subdivision two of this section shall not apply during

a state disaster emergency declared by the governor pursuant to section twenty-eight of the executive law, or a

local state of emergency proclaimed by the chief executive of a county, city, village or town pursuant to section

twenty-four of the executive law, if the public body determines that the circumstances necessitating the

emergency declaration would affect or impair the ability of the public body to hold an in person meeting.

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4. No later than January first, two thousand twenty-four, the committee on open government, created by

paragraph (a) of subdivision one of section eighty-nine of this chapter, shall issue a report to the governor, the

temporary president of the senate, the speaker of the assembly, the chair of the senate standing committee on local

government, the chair of the senate standing committee on investigations and government operations, the chair of

the assembly standing committee on local governments, and the chair of the assembly standing committee on

governmental operations concerning the application and implementation of such law and any further

recommendations governing the use of videoconferencing by public bodies to conduct meetings pursuant to this

section.

5. Open meetings of any public body that are broadcast or that use videoconferencing shall utilize technology to

permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act

(ADA), as amended, and corresponding guidelines. For the purposes of this section, "disability" shall have the

meaning defined in section two hundred ninety-two of the executive law.

§104. Public notice.

1. Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be given or

electronically transmitted to the news media and shall be conspicuously posted in one or more designated public

locations at least seventy-two hours before such meeting.

2. Public notice of the time and place of every other meeting shall be given or electronically transmitted, to the

extent practicable, to the news media and shall be conspicuously posted in one or more designated public locations

at a reasonable time prior thereto.

3. The public notice provided for by this section shall not be construed to require publication as a legal notice.

4. If videoconferencing is used to conduct a meeting, the public notice for the meeting shall inform the public that

videoconferencing will be used, identify the locations for the meeting, and state that the public has the right to

attend the meeting at any of the locations.

5. If a meeting will be streamed live over the internet, the public notice for the meeting shall inform the public of the

internet address of the website streaming such meeting.

6. When a public body has the ability to do so, notice of the time and place of a meeting given in accordance with

subdivision one or two of this section, shall also be conspicuously posted on the public body's internet website.

§105. Conduct of executive sessions.

1. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the

general area or areas of the subject or subjects to be considered, a public body may conduct an executive session for

the below enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate

public moneys:

a. matters which will imperil the public safety if disclosed;

b. any matter which may disclose the identity of a law enforcement agent or informer;

c. information relating to current or future investigation or prosecution of a criminal offense which would imperil

effective law enforcement if disclosed;

d. discussions regarding proposed, pending or current litigation;

e. collective negotiations pursuant to article fourteen of the civil service law;

f. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the

appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person

or corporation;

g. the preparation, grading or administration of examinations; and

h. the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or

exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.

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2. Attendance at an executive session shall be permitted to any member of the public body and any other persons

authorized by the public body.

§106. Minutes.

1. Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all

motions, proposals, resolutions and any other matter formally voted upon and the vote thereon.

2. Minutes shall be taken at executive sessions of any action that is taken by formal vote which shall consist of a

record or summary of the final determination of such action, and the date and vote thereon; provided, however, that

such summary need not include any matter which is not required to be made public by the freedom of information

law as added by article six of this chapter.

3. Minutes of meetings of all public bodies shall be available to the public in accordance with the provisions of the

freedom of information law within two weeks from the date of such meeting except that minutes taken pursuant to

subdivision two of this section shall be available to the public within one week from the date of the executive session.

If the agency in which a public body functions maintains a regularly and routinely updated website and utilizes a high

speed internet connection, such minutes shall be posted on the website within two weeks from the date of such

meeting except that minutes taken pursuant to subdivision two of this section shall be available to the public within

one week from the date of the executive session. For purposes of this subdivision unabridged video recordings or

unabridged audio recordings or unabridged written transcripts may be deemed to be meeting minutes. Nothing in

this section shall require the creation of minutes if the public body would not otherwise take them.

§107. Enforcement.

1. Any aggrieved person shall have standing to enforce the provisions of this article against a public body by the

commencement of a proceeding pursuant to article seventy-eight of the civil practice law and rules, or an action for

declaratory judgment and injunctive relief. In any such action or proceeding, if a court determines that a public body

failed to comply with this article, the court shall have the power, in its discretion, upon good cause shown, to declare

that the public body violated this article and/or declare the action taken in relation to such violation void, in whole or

in part, without prejudice to reconsideration in compliance with this article. If the court determines that a public body

has violated this article, the court may require the members of the public body to participate in a training session

concerning the obligations imposed by this article conducted by the staff of the committee on open government.

An unintentional failure to fully comply with the notice provisions required by this article shall not alone be grounds

for invalidating any action taken at a meeting of a public body. The provisions of this article shall not affect the

validity of the authorization, acquisition, execution or disposition of a bond issue or notes.

2. In any proceeding brought pursuant to this section, costs and reasonable attorney fees may be awarded by the

court, in its discretion, to the successful party. If a court determines that a vote was taken in material violation of this

article, or that substantial deliberations relating thereto occurred in private prior to such vote, the court shall award

costs and reasonable attorney's fees to the successful petitioner, unless there was a reasonable basis for a public

body to believe that a closed session could properly have been held.

3. The statute of limitations in an article seventy-eight proceeding with respect to an action taken at executive

session shall commence to run from the date the minutes of such executive session have been made available to the

public.

§108. Exemptions.

Nothing contained in this article shall be construed as extending the provisions hereof to:

1. judicial or quasi-judicial proceedings, except proceedings of the public service commission and zoning boards of

appeals;

2. a. deliberations of political committees, conferences and caucuses.

b. for purposes of this section, the deliberations of political committees, conferences and caucuses means a private

meeting of members of the senate or assembly of the state of New York, or of the legislative body of a county, city,

town or village, who are members or adherents of the same political party, without regard to (i) the subject matter

under discussion, including discussions of public business,

(ii) the majority or minority status of such political committees, conferences and caucuses or

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(iii) whether such political committees, conferences and caucuses invite staff or guests to participate in their

deliberations; and

3. any matter made confidential by federal or state law.

§109. Committee on open government.

The committee on open government, created by paragraph (a) of subdivision one of section eighty-nine of this

chapter, shall issue advisory opinions from time to time as, in its discretion, may be required to inform public bodies

and persons of the interpretations of the provisions of the open meetings law.

§110. Construction with other laws.

1. Any provision of a charter, administrative code, local law, ordinance, or rule or regulation affecting a public body

which is more restrictive with respect to public access than this article shall be deemed superseded hereby to the

extent that such provision is more restrictive than this article.

2. Any provision of general, special or local law or charter, administrative code, ordinance, or rule or regulation less

restrictive with respect to public access than this article shall not be deemed superseded hereby.

3. Notwithstanding any provision of this article to the contrary, a public body may adopt provisions less restrictive

with respect to public access than this article

§111. Severability.

If any provision of this article or the application thereof to any person or circumstances is adjudged invalid by a court

of competent jurisdiction such judgment shall not affect or impair the validity of the other provisions of the article or

the application thereof to other persons and circumstances.