NewsBeat

February 2023 NewsBeat 9 By JUDY PATRICK Report: Many New York town governments not posting required meeting documents R eporters covering local government know following the action at a town board meeting can be a guessing game. That's because the documents, the re- ports, the contracts, the budgets and even the resolutions being discussed sometimes are well out of reach of the press and the public. The state's Open Meetings Law requires just the opposite. Meeting documents must be posted online at least 24 hours before a meeting. But a new study by the Coalition for Open Government found that 72 percent of the town boards sampled weren't meeting that requirement. "Since 2012, public bodies have been re- quired to post meeting documents online," the report concludes. "This is not a new re- quirement and the fact that only 28 percent of the towns reviewed are complying with the law is incredible." Meeting documents aren't limited to the meeting agenda, said Paul Wolf, president of the coalition. In his opinion, meeting documents should include most everything being discussed and certainly anything sub- ject to disclosure under the state's Freedom of Information Act. "Ideally the town should scan the entire board packet and post it online," he said. Providing this information in advance is an important part of people keeping in- formed about their government, Wolf said. It also serves a practical purpose, enabling people to decide if they want or need to attend a meeting. Town governments also fell short when it came to posting minutes of their meetings in a timely fashion, according to the study. State law mandates either written minutes or a recording of every meeting be posted within two weeks of the session. The study examined 18 towns picked randomly selecting towns that begin with the letter H. Five of the 18 were given pass- ing grades: Hamburg, Hartwick, Hempstead, Hopewell and Huntington. The problem isn't limited to town gov- ernment, Wolf said. A study last year focusing on planning boards found similar shortfalls, he said. To address the problem, the coalition is recommending: Mandated Open Meetings Law training for elected officials While many public officials - members of planning boards and school boards, for ex- ample - are required to take some training, elected officials are not. One of the reasons for the coalition's report, Wolf said, was to educate both the public and government officials about the laws. One town supervisor, he noted in example, said he was not aware of the law's requirements. State legislation giving the Committee on Open Government or some other entity the power to enforce the Open Meetings Law. The existing New York State Committee on Open Government issues advisory opin- ions but is powerless to enforce violations. State legislation providing enforcement power to the committee or some other entity "could be a great benefit to address- ing the clear lack of compliance," the report said. Greater involvement by the state Attorney General to investigate open government complaints. The coalition report noted state Attorney Generals across the country have sued local governments for violating open govern- ment laws but no similar lawsuit has been filed by the New York attorney general. Attorney generals in Arizona, Florida, Illinois, Kentucky and Massachusetts help the public with open government issues, the report noted. In Massachusetts for ex- ample, the attorny general's office investi- gates complaints from citizens and has the authority to fine local governments up to $1,000."The [New York] attorney general has broad powers and is an office which can be used to educate, monitor and report local government officials," the report said. Mandatory attorney fees for Open Meet- ings lawsuits For most citizens, hiring an attorney to pursue legal action in these types of cases is just too expensive. "Government officials know this and it creates an uneven plaing field," the report said. Enabling people to recoup their legal fees "will certainly bring about greater compliance with the law," the report said. Judy Patrick is vice president for editorial development for the New York Press Associ- ation. Here's what the law says: 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.

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