From: Jobin-Davis, Camille (DOS)
Sent: Thursday, January 17, 2008 4:59 PM
Subject: Open Meetings Law - judicial proceeding
This will confirm our telephone conversation that, yes, I believe a court-ordered pre-trial settlement conference at which a quorum of a town board is present, is exempt from the provisions of the Open Meetings Law. As you mentioned, section 108(1) of the Open Meetings Law exempts judicial proceedings from all provisions of the Open Meetings Law. It is my opinion that settlement negotiations held before a court can be considered judicial proceedings, and would therefore be exempt from the provisions of the Open Meetings Law.
I hope this is helpful to you.
Camille S. Jobin-Davis, Esq.
NYS Committee on Open Government
Department of State
One Commerce Plaza
99 Pine Street, Suite 650
Albany NY 12231
(518) 474-1927 fax