The New York State Public Officers Law (POL), Article 7, Open Meetings Law, defines what constitutes a Apublic meeting,@ the public notice required for a public meeting, and the other procedural requirements for holding a public meeting. Section 102 of the Public Officers Law defines a public meeting as any official convening of a public body for the purpose of conducting public business. Therefore, for a meeting to be a Apublic meeting@ under the provisions of the Open Meetings Law, all three (3) elements must be present. These elements are:

1) A public body;

2) That is convening (the presence of a quorum of Board members) for;

3) The purpose of conducting public business.

If one or more elements are absent, then it is not a public meeting.

A public body is defined as an entity which is required to conduct public business. A Board of Trustees, Planning Board, Zoning Board, and other administrative boards officially established by a municipality under State law are unquestionably public bodies. Confusion only arises when there is a subcommittee or a subset of a Board that holds meetings. Does a meeting of a committee of a Board constitute a public body? It depends on the authority of the committee or subgroup to act on its own, whether the committee comprises a quorum of the full Board and other factual points. Each situation is unique and must be further analyzed by your Village Attorney.

Having concluded that your Board is a public body, what are the other factors which constitute a public meeting of the Board? A public meeting of a Board occurs when it (1) convenes, (2) with a quorum present, (3) for the purpose of discussion, deliberation or potentially for taking action. Board members know that meetings regularly scheduled and held with an agenda are public meetings, and are subject to the provisions of the Open Meetings Law. However, Board members may not be aware that planning sessions, work sessions, site inspections, committee meetings with a quorum present are also public meetings. A planning session, work session, site inspection, or other meetings of the Board with a quorum present which discusses, deliberates, or considers Board matters is a public meeting. It is irrelevant that the gathering of Board members is held at a member=s home, at the site of an applicant=s property, or any other informal setting away from Village Hall. If a quorum is present and discussing Board business, it is a public meeting subject to the Open Meetings Law. A casual encounter with another Board member without a quorum present, even if business is discussed, is not a public meeting. However, casual encounters of Board members with a quorum present potential problems. The Chairman would be well advised that if there is a casual encounter of Board members that comprise a quorum in number, Board business should not be discussed or otherwise the open meeting notice requirement must be met.

When the Board schedules a public meeting, Public Officers Law, '104, requires that notice be given to the news media and that a notice be conspicuously posted in one or more designated public locations in the community at least one week prior to the meeting, stating the date, time and place of the meeting. Posting of the notice must take place at least 72 hours before the meeting. A Board is not required to officially publish a formal legal notice in its official newspapers. The meeting notice requirement is complied with by merely sending notification of the Board=s meeting time, date, and place of the meeting to the newspaper. If they elect to publish it or list it in their community activity column or send a reporter, it is solely in the media=s discretion. There is no municipal obligation to pay for publication of a formal legal notice. Faxing, e‑mailing, hand delivery of the notice to the local newspaper will all comply. Whatever method of delivery is selected, it is important that there is evidence that the notice has, in fact, been delivered to and received by the media. We recommend that you not rely solely on mailing of the notice unless delivery can be verified.