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OML-AO-4920

From:   Freeman, Robert (DOS)
Sent:    Tuesday, June 08, 2010 4:04 PM
To:     
Subject:           Library committee meetings.
Attachments:   o3026.wpd

Dear

Attached is an opinion (OML-AO-3026) that deals expansively with the issue that you raised.  In brief, if a board of trustees constitutes a “public body” that would be subject to the Open Meetings Law, even in the absence of the requirements imposed by §260-a of the Education Law, I believe that committees consisting of two or more members of such a board are also public bodies that fall within the scope of the OML.  If, on the other hand, a library board of trustees is not a governmental entity, but rather a not-for-profit corporation, it would not constitute a public body, and but for the enactment of §260-a, would not be subject to the OML.  That being so, the committees of that kind of library board, other than such a board in New York City (again, based on the language of §260-a), are not, in my view, subject to the OML.

I hope that this and the attached opinion offer the clarification that you are seeking and that I have been of assistance.

And yes, issues involving the Mid York Library System appear to have diminished.  I would conjecture that many are happy about that.

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone: (518)474-2518
Fax: (518)474-1927
Website: www.dos.ny.gov/coog/index.html