S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7567

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the public officers law, in relation to authorizing  the
  committee  on  open  government  to investigate violations of the open
  meetings law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 103 of the public officers law, as amended by chap-
ter 368 of the laws of 1977 and renumbered by chapter 652 of the laws of
1983,  subdivision  (c)  as  added  by  chapter 289 of the laws of 2000,
subdivision (d) as added by chapter 40 of the laws of 2010, and subdivi-
sion (d) as added by chapter 43 of the laws of 2010, is amended to  read
as follows:
  S 103. Open  meetings  and  executive sessions. (a) Every meeting of a
public body shall be open to the general public, except that  an  execu-
tive  session of such body may be called and business transacted thereat
in accordance with section [ninety-five] ONE HUNDRED FIVE of this  arti-
cle.
  (b)  Public  bodies  shall  make  or  cause  to be made all reasonable
efforts to ensure that meetings  are  held  in  facilities  that  permit
barrier-free  physical  access to the physically handicapped, as defined
in subdivision five of section fifty of the public buildings law.
  (c) A public body that uses videoconferencing to conduct its  meetings
shall  provide  an  opportunity  for  the  public  to attend, listen and
observe at any site at which a member participates.
  (d) Public bodies shall make  or  cause  to  be  made  all  reasonable
efforts  to  ensure  that  meetings  are held in an appropriate facility
which can adequately accommodate members  of  the  public  who  wish  to
attend such meetings.
  [(d)]  (E) 1.  Any meeting of a public body that is open to the public
shall be open to being photographed, broadcast,  webcast,  or  otherwise

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11038-02-1
              

A. 7567                             2

recorded  and/or transmitted by audio or video means. As used herein the
term "broadcast" shall also  include  the  transmission  of  signals  by
cable.
  2. A public body may adopt rules, consistent with recommendations from
the  committee  on open government, reasonably governing the location of
equipment and personnel  used  to  photograph,  broadcast,  webcast,  or
otherwise record a meeting so as to conduct its proceedings in an order-
ly  manner. Such rules shall be conspicuously posted during meetings and
written copies shall be provided upon request to those in attendance.
  S 2. Section 105 of the public officers law, as added by  chapter  511
of  the  laws of 1976 and renumbered by chapter 652 of the laws of 1983,
and paragraphs f and h of subdivision 1 as amended by chapter 704 of the
laws of 1979, is amended to read as follows:
  S 105. Conduct of executive sessions. 1. Upon a majority vote  of  its
total  membership, taken in an open meeting pursuant to a motion identi-
fying [the general area or areas of the subject or] ONE OF THE FOLLOWING
subjects to be considered,  a  public  body  may  conduct  an  executive
session  for the below enumerated purposes only, provided, however, that
no action by formal vote shall be taken to appropriate public moneys:
  a. matters which will imperil the public safety if disclosed;
  b. any matter which may disclose the identity  of  a  law  enforcement
agent or informer;
  c.  information  relating to current or future investigation or prose-
cution of a criminal offense which would imperil effective law  enforce-
ment if disclosed;
  d. discussions regarding proposed, pending or current litigation;
  e.  collective  negotiations pursuant to article fourteen of the civil
service law;
  f. the medical, financial, credit or employment history of  a  partic-
ular  person  or  corporation,  or  matters  leading to the appointment,
employment, promotion, demotion, discipline,  suspension,  dismissal  or
removal of a particular person or corporation;
  g. the preparation, grading or administration of examinations; and
  h.  the  proposed  acquisition,  sale or lease of real property or the
proposed acquisition of securities, or sale or  exchange  of  securities
held  by  such  public body, but only when publicity would substantially
affect the value thereof.
  2. Attendance at an executive session shall be permitted to any member
of the public body and any other persons authorized by the public body.
  3. THE COMMITTEE ON OPEN GOVERNMENT IS AUTHORIZED TO INVESTIGATE, UPON
THEIR OWN INITIATIVE OR UPON A  COMPLAINT  FILED  WITHIN  FOURTEEN  DAYS
FOLLOWING  AN  ALLEGED  VIOLATION, VIOLATIONS OF THIS SECTION AND IMPOSE
PENALTIES, INCLUDING REMOVAL FROM A PUBLIC BODY AND MONETARY FINES. SUCH
MONETARY FINE MAY BE LEVIED UPON AN INDIVIDUAL BOARD MEMBER OR,  IF  THE
COMMITTEE  FINDS  THE  BOARD  AS A WHOLE VIOLATED THIS SECTION, UPON THE
MUNICIPALITY.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.