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OML-AO-5070

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From: Freeman, Robert (DOS)
Sent: Monday, March 21, 2011 9:18 AM
Subject:    RE: Follow up question.

It has been advised that if an public body establishes a schedule of meetings, for a calendar year, for example, that one notice indicating the time and place given in accordance with section 104 of the Open Meetings Law would constitute compliance, unless there is an unscheduled meeting.  In that instance, and additional notice would have to be given.

However, to effectuate the notice requirements, three elements are necessary to comply.  First, notice must be given to the news media.  That can be accomplished by emailing, faxing, or mailing notice to one or more news media outlets that would be likely to make contact with those
interested in attending.  Second, notice must be posted in one or more designated public locations continuously.  The posting in my opinion must be in a physical location, i.e., a bulletin board outside of city hall.  And third, when a public body has a website, notice must be posted online.

I do not believe that notice posted on a website, without more, would reflect compliance with law.   Again, with respect to notice to the news media, an affirmative step must be taken to transmit notice of meetings in some manner.

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