NY.gov Portal State Agency Listing

 

 

OML-AO-4115

January 17, 2006

E-MAIL

TO:

FROM: Robert J. Freeman, Executive Director

The staff of the Committee on Open Government is authorized to issue advisory opinions. The ensuing staff advisory opinion is based solely upon the facts presented in your correspondence.

Dear

I have received your letter concerning the possibility that a village board of trustees could approve a local enactment that reduces rights of access to meetings conferred by the Open Meetings Law.

You referred to §110, which provides that:

"1. Any provision of a charter, administrative code, local law, ordinance, or rule or regulation affecting a public body which is more restrictive with respect to public access than this article shall be deemed superseded hereby to the extent that such provision is more restrictive than this article.

2. Any provision of general, special or local law or charter, administrative code, ordinance, or rule or regulation less restrictive with respect to public access than this article shall not be deemed superseded hereby.

3. Notwithstanding any provision of this article to the contrary, a public body may adopt provisions less restrictive with respect to public access than this article."

Based on the foregoing, a local enactment or rule may permit greater public access than required by the Open Meetings Law, for in that circumstance, it would be "less restrictive with respect to public access" than the Open Meetings Law. However, based on subdivision (1) of §110, a village board or other public body could not adopt a provision that is more restrictive with respect to public access than the Open Meetings Law. Any such provision would be "deemed superseded" by the Open Meetings Law.

I hope that I have been of assistance.

RJF:tt