The staff of the Committee on Open Government is authorized to issue advisory opinions. The
ensuing staff advisory opinion is based solely upon the information presented in your
I have received your letter of March 1. In your capacity as a member of the New Hartford
Town Board, you wrote that:
"At a regularly scheduled meeting of the Town Board, the supervisor alleged a violation of the Open-Meetings Law because items brought up for action failed to appear on the Agenda under the title ‘Matters Submitted By Town Board Members'."
You asked whether I "find a violation of the Open Meetings Law by a Town Board member failing to put matters on the Agenda prior to the meeting."
In this regard, the Open Meetings Law makes no reference to agendas. Further, there is no
law of which I am aware that requires that agendas be prepared or that they must be followed.
Whether the Town Board's Rules of Procedure may address the issue involves a matter beyond the jurisdiction of this office.
I hope that I have been of assistance.
Robert J. Freeman