New York State School Boards Association 2009 Annual Convention, NYC October 15-18, 2009

Transcription

1 New York State School Boards Assoc. October 16, 2009 State of New York Department of State Committee on Open Government Camille Jobin-Davis, Assistant Director state ny (518) Google coog for website Open Meetings Law Who is subject When are they subject Requirements When can the door be closed Public Participation Enforcement

2 Are You a Public Body? Two or more people Quorum Authority Membership Are you having a Meeting? Quorum To discuss public business Regardless of intent or characterization No Legal Distinction Workshop or work session Regular meeting Informal gathering Pre-board meeting

3 Other Gatherings Site visit Retreat or educational seminar Attendance at committee meeting Social Telephone Calls, s Definition of meeting Requires physical presence Videoconferencing permitted Have you given Notice? Time and place Prior to every meeting To the media Designated location

4 Minutes Motions/Proposals/ Resolutions/Votes Regular meetings Executive sessions Unapproved or draft Recording Agency Public Reasonable rules Disruption/interference Executive Session Part of an open meeting Upon majority vote Specificity of motion

5 Grounds for Executive Session 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; Voting in Executive Session Education Law 3020-a Family Educational Rights and Privacy Act ( FERPA ) Audit Committees Education Law 2116-c Public Body Additional grounds for entry into executive session

6 Public Participation Constitution, First Amendment Reasonable rules Hearings 3 Exemptions judicial or quasi-judicial proceedings, except proceedings of zoning boards of appeals; deliberations of political committees, conferences and caucuses; or matters made confidential by federal or state law (Ex. Attorney-client privilege). Enforcement Article 78 proceeding Unintentional failure to notice Costs and reasonable attorney s fees

7 New: Attorney s Fees Freedom of Information Law Who is subject Which records How do we know if they are public Authority to deny access Time Limits Fees Attorney s Fees

8 Who is an Agency? Governmental entities performing governmental functions. What is a Record? Reasonably Describe Records Locate with reasonable effort Electronic records

9 Not Required to Create Records 3 exceptions: 1. Vote 2. Name, title, salary list 3. Subject matter list Presumption of Access Exempt by law Are exempt by state or federal law Attorney-client communications CPLR Student records FERPA Mental health records Mental Hygiene Law

10 1 New York State School Boards Association Unwarranted Invasion of Personal Privacy Some Examples: Employment application for someone who is not hired Medical records Social Security Number List of names and addresses if used for solicitation or fund-raising purposes Contract Awards If disclosed, would impair present or imminent i contract t awards Trade Secrets Substantial Injury to the Competitive Position of the Commercial Enterprise

11 1 New York State School Boards Association Law Enforcement Compiled for law enforcement purposes and would: Interferef Deprive Identify or disclose Reveal Endangerment or Exam Questions Inter or Intra-agency Communications Only: statistical or factual information instructions to staff that affect the public final agency policy or determinations external audits

12 1 New York State School Boards Association In Sum All records of an agency are subject to FOIL FOIL based on a presumption p of access Burden on agency to prove application of exemption Time Limits Respond to Request 5 days 20 days Reasonable Grounds for Delay Constructive Denial Respond to Appeal Article 78 Requests If able, must Suggested form language on our website

13 1 New York State School Boards Association Fees $.25 per page for copies up to 9x14 inches Actual cost of reproduction Attorney s Fees Substantially prevail and No reasonable basis for denying access or Failure to comply with time limits State of New York Department of State Committee on Open Government Camille Jobin-Davis, Assistant Director camille.jobin-davis@dos.state.ny.us (518) Google coog for website