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From: Freeman, Robert
Sent: Monday, December 20, 2010 11:56 AM
To:
Subject: RE: recording public hearing



While I know of no judicial decision involving the ability to record a hearing, there are
many decisions indicating that anyone may record an open meeting, so long as the use of a
recording device is neither disruptive nor obtrusive. I believe that a court would reach the
same conclusion concerning the use of recording devices at public hearings. Further, if the
hearing is part of a meeting of the Board, i.e., if a majority of the Board is present, it is
clear in my view that the public has the right to record, subject to the qualification noted
above.

I hope that I have been of assistance.

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

Original Message---


Subject: recording public hearing
I will be presenting an appeal to the
Horicon Zoning Board of Appeals later
this month. Is it legal to record the
public hearing portion of the meeting?
(I am not an attorney and am concerned
about representing myself
appropriately.) Thank you for your
assistance.