N.Y. Comp. Codes R. & Regs. tit. 9 § 587.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 587.2 - Open meetings

(a) Definitions. As used in this section:

(1) Meeting means the official convening of the agency or any committee or other body consisting of agency members, or members of the general public formally created by the agency to advise it or conduct business on its behalf, for the purpose of conducting public business.

(2) Executive session means that portion of a meeting not open to the general public.

(b) General rules.

(1) In compliance with the Open Meetings Law, every meeting shall be open to the general public, except that an executive session may be called and business conducted thereat in accordance with subdivision (d) of this section.

(2) The agency member or other person presiding over a meeting may permit public participation upon such terms as he shall deem just and proper.

(3) Use of sonic recording devices at agency meetings is permitted subject to reasonable conditions.

(c) Public notice.

(1) Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be given to the news media and shall be conspicuously posted in agency headquarters at least 72 hours before the meeting.

(2) Public notice of the time and place of every other meeting shall be given, to the extent practicable, to the news media and shall be conspicuously posted in agency headquarters as soon as possible prior thereto.

(d) Executive sessions.

(1) Upon a majority vote of the agency, or the members of the committee or other body thereof, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a meeting may be conducted as an executive session for the purposes specified in section 100(1) of the Open Meetings Law.

(2) The agency or the members of the subcommittee or other body may permit any person to attend an executive session.

(e) Minutes.

(1) Minutes shall be taken at all open meetings, which shall consist, at a minimum, of a record or summary of all motions, proposals, resolutions and any other matters formally voted upon, and the votes thereon.

(2) Minutes shall be taken at executive sessions of any action taken by formal vote, which shall consist, at a minimum, of a record or summary of the final determination of such action, and the date and vote thereon. Such minutes need not include any matter not required to be made public by the Freedom of Information Law and section 587.1 of this Part.

(3) Minutes of meetings shall be available to the public in accordance with the Freedom of Information Law and section 587.1 of this Part within two weeks of the date of the meeting. Minutes taken at executive sessions shall be available to the public within one week from the date of the executive session.

(f) Exemptions. No provision of this Part shall extend to agency deliberations on projects, variances or to other quasi-judicial proceedings, or to any matter made confidential by Federal or State law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 587.2