JAMESTOWN – The Jamestown City Council has again violated NYS Open Meetings Law.
The Jamestown City Council’s Finance Committee reportedly met prior to the full council meeting on Monday, but it was in apparent violation of the New York State Open Meetings Law. This is because the meeting was not open to the public by video, (violation of §103 of NYS Open Meetings Law), and also the public not notified a meeting would occur (violation of §104 of NYS Open Meetings Law).
According to the conversation during the full council meeting, the finance committee meeting apparently involved a discussion on bringing back the City Recreation Coordinator position on a part time basis. Besides the finance committee, others in attendance apparently included the mayor and members of the Parks Department.
This is the second time the council has violated state open meetings law in less than four months. Last November, The city council also violated the state open meetings law when it held a public hearing on the 2021 city budget, but it was not live streamed.
Following
The State Committee on Open Government recently offered a ruling to this effect:
“In my opinion, if a public body can possibly anticipate that any persons who may wish to attend a meeting governed by the provisions of the Open Meetings Law cannot be safely physically accommodated in the proposed meeting locationpursuant to legal and regulatory restrictions, that public body is required to simulcast to the public, by either video or audio means, the proceedings of the meeting as they are occurring so that all members of the public who wish to “attend” may do so.”
– Shoshanah V. Bewlay
ExecutiveDirector, NYS Committee on Open Government
August 10, 2020
Under state open meeting law, any member of the public who takes issue with a violation has the right to challenge it under an Article 78 proceeding.
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