Excerpts from the Freedom of Information Law web page of the NYS
DOS.
What is a meeting?
The term "meeting" is defined as "the
official convening of a public body for the purpose
of conducting public business." As such, when a
quorum (a majority of the membership of a public body)
gathers for the purpose of discussing public business,
the meeting must be convened open to the public, whether
or not there is an intent to take action and regardless
of the manner in which the gathering may be characterized.
I attended a meeting; and the public body closed the meeting to
the public, citing "personnel matters." Is
this legal?
The Law provides for closed or "executive"
sessions under certain circumstances prescribed in the
Law. It is noted that an executive session is not separate
from an open meeting but rather is a portion of an open
meeting during which the public may be excluded. The
Law requires that a public body take several steps to
close the meeting. First, a motion must be made during
an open meeting to enter into executive session; second,
the motion must identify the general area or areas of
the subject or subjects to be considered; and third,
the motion must be carried by a majority vote of the
total membership of a public body.
Citing "personnel matters" is not a
sufficient ground for going into an executive session.
The motion to go into executive session should be more
specific. For example, a motion could be made to enter
into executive session to discuss "the employment
history of a particular person." The person would
not have to be identified.
It is important to point out that a public body
cannot vote to appropriate public monies during a closed
session. Therefore, although most public bodies (except
school boards in most instances) may vote during a properly
convened executive session, any vote to expend public
monies must be taken in public.
The Law also states that an executive session
can be attended by members of the public body and any
other persons authorized by the public body.
I requested minutes of a town board meeting and was told that
I could not have them until they were approved. Is this
right?
No. The Law states that minutes of open meetings
must be made available within two weeks of the meeting;
minutes of executive sessions must be made available
within one week of the executive session.
It has been suggested that if the minutes have not been
approved, they may be marked "draft," "unapproved,"
or "non-final" when they are disclosed.
Do I contact the Committee on Open Government to get public records?
The Committee does not maintain records generally.
To obtain records, you must contact the agency that
you believe maintains possession of the records. For
example, if you are interested in obtaining minutes
of a school board meeting, your request should be made
to the school district.
A request should be directed to the "records
access officer" of the agency, the person having
the duty of coordinating an agency's response to a request.
The request should reasonably describe the records sought,
and you should provide sufficient detail to enable agency
staff to locate the records.
What records are available?
All records are available, unless an exception
permits an agency to deny access. Most of the exceptions
are based upon common sense and the potential for harm
that would arise by means of disclosure. If disclosure
of records would be damaging to an individual or preclude
a government agency from carrying out its duties, it
is likely that some aspects of the records may be withheld.
How much can I be charged for public records?
An agency may charge up to 25 cents per photocopy
not in excess of 9 by 14 inches, or in the case of records
that cannot be photocopied, the actual cost of reproduction (for example, photographs,
computer disks,
tape recordings, etc.), unless otherwise prescribed
by statute. An agency cannot charge for search or clerical
time.
Can I inspect records instead of paying the fees?
Yes. Any person has the right to inspect accessible
records at no charge. However, there may be situations
in which some aspects of a record—but not the
entire record—may be properly withheld. In that
event, an applicant would not have the right to inspect
the record. However, the agency may prepare a redacted
copy and charge the established fee.
Does the Freedom of Information Law apply to computer records?
Yes. The term "record" is defined to
include all information kept, held, filed, produced
or reproduced by, with or for an agency, in any physical
form whatsoever.
Therefore, the Freedom of Information Law clearly applies
to government records generated, received, or maintained
electronically.
