New York State Assemblywoman is sponsoring A00072B (Same as S 3255-B). The bill would require something Talk of the Sound has been supporting for many years — records which are the subject of an open meeting should be published on the web prior to the meeting. Read the summary and justification for Amy’s bill and please Email Governor Andrew Cuomo and ask him to support A00072B.
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, upon request therefor, 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 and routinely updated website and utilizes a high-speed Internet connection, such records shall be posted on the website to the extent 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.
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, upon request therefor, to the extent
practicable as determined by the agency, prior to or at the meeting, and posted on the relevant agency’s website, if it maintains a regularly and routinely updated website and utilizes a high speed Internet connection, to the extent practicable prior to the meeting.This legislation will actually decrease the burdens imposed on
agencies. Making certain records available OR 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.