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OML-AO-3841

From: Robert Freeman
To:
Date: 7/28/2004 10:08:30 AM
Subject: Re: Good Morning!

Good morning - -

As you have described it, the special board is, in my opinion, subject to the Open Meetings Law.

Section 7-722 of the Village Law, which is relatively new, pertains to village comprehensive plans, and subdivision (2)(c) defines the phrase "special board" to mean: "a board consisting of one more members the planning board and such other members as are appointed by the village board of trustees to prepare a proposed comprehensive plan and/or an amendment thereto."

If the entity to which you referred is a creation of law, a "special board" created pursuant to the statutory authority conferred by §7-722, I believe that it constitutes a "public body" required to comply with the Open Meetings Law. Assuming that it is a public body, it would be required to provide notice and abide by the Open Meetings Law in the same manner as the Village Board of Trustees.

There is nothing in the law that specifies who must provide notice of meetings or prepare minutes. From my perspective, direction of that nature should be provided by the Board of Trustees. It could designate you to perform those functions, or perhaps a secretary for the special board or its chair.

It might be worthwhile to review §7-722.

If you have additional questions, you know where I am.

Robert J. Freeman
Executive Director
NYS Committee on Open Government
41 State Street
Albany, NY 12231
(518) 474-2518 - Phone
(518) 474-1927 - Fax
Website - www.dos.ny.gov/coog/coogwww.html

>>> "Village of Schuylerville" <office@villageofschuylerville.org> 7/28/2004 8:56:55 AM >>>
Hi there ---
sorry to bother you amid your daydreams of waves, beaches and grilled fish...

the Village Board has created a "special board" to look at Planning/Zoning recommendations
for the village, consisting of an appointed chair person and several other village residents, and
they do have a recording secretary --
Question: Do they have to comply with open meeting law and notification requirements
to the same extent as my regular village board??? Are the necessary steps to be
undertaken by their secretary or am I the one responsible for postings, notifications, etc...
Thanks for the help,
Barbara