“A report from the New York Coalition for Open Government reviewing compliance by town planning boards across the state with Open Meetings Law document posting requirements gave the town of Amsterdam Planning Board a failing grade.
The report examined whether 20 town planning boards statewide posted meeting documents online as required by state Open Meetings Law. The New York Coalition for Open Government, reviewed the websites of at least two towns from each region of the state.
The report found that 15 of the reviewed town planning boards, including the town of Amsterdam Planning Board, failed to post documents for the applications up for board review online with their meeting agendas. Boards were given either a passing or failing grade based on whether documents were posted online.
The other locally reviewed town planning boards in Rotterdam and Colonie were each given passing grades for posting the documents online with their meeting agendas. Only five of the reviewed boards statewide received passing grades.
State Open Meetings Law requires public bodies that have regularly updated websites to post meeting documents online before a meeting occurs as best as “practicable.”
Paul Wolf, president of the New York Coalition for Open Government, during a press conference presenting the report Wednesday acknowledged that the weak language of the law provides a “loophole” for local boards.
Paul Wolf, president of the New York Coalition for Open Government, during a press conference presenting the report Wednesday acknowledged that the weak language of the law provides a “loophole” for local boards.
“But, if you have a regularly updated website, there should be no practicable reason as to why you can’t scan and post documents online,” Wolf said. “If there are significant projects going on in your neighborhood, you should have an ability, an easy way, to find out what’s being proposed, what’s being voted on.”
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When a violation of Open Meetings Law occurs, there are currently no entities in the state responsible for enforcement. The only recourse that can be taken is for a citizen to file a private lawsuit against the responsible body on their own time and expense.
Nearby Massachusetts, Wolf noted, allows individuals to file complaints with the attorney general regarding any violations of Open Meetings Law. The chief law officer in that state has the authority to investigate those complaints and issue fines against local governments for failure to comply with the law.
“We hope in the future to put more teeth into the Open Meetings Law by strengthening the enforcement powers,” Wolf said.”
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Onyon, Ashley. Schenectady Daily Gazette 20 May 2021.