OML-AO-5118
    
VIA E-MAIL
From: Jobin-Davis, Camille (DOS)
    Sent: Thursday, June 23, 2011 4:46 PM
    To:   
    Subject:    New York State Law - meeting room size
Thank you for  your voice mail message and I’m sorry that it’s taken me so long to reply.  We’re an 
    office of two,  and the Exec Director is out this week so things are a bit backed up.
In response,  please note Section 103(d) of the NYS Open Meetings Law, which was added to the  Law 
    in April of 2010:
“(d) Public  bodies shall make or cause to be made all reasonable efforts to ensure that  meetings 
    are held in an  appropriate facility which can adequately accommodate members of the public who 
    wish to attend  such meetings.”
The intent of the  amendment, as expressed in the accompanying legislative memorandum, is for 
    public bodies to  hold meetings in rooms that can reasonably accommodate the number of people 
    that can  reasonably be expected to attend.  For  example, if a typical board meeting attracts 20 
    attendees, and  meetings are held in a meeting room which accommodates approximately 30 
    people, there is  adequate room for all to attend, listen and observe.  But in the event that there is 
    a contentious  issue on the agenda and there are indications of substantial public interest, 
    numerous letters  to the editor, phone calls or emails regarding the topic, or perhaps a petition 
    asking officials  to take action, the new provision would require the public body to consider the 
    number of people  who might attend the meeting and take appropriate action to hold the meeting 
    at a location  that would accommodate those interested in attending, such as a school  facility, a fire 
    hall or other  site.   
    
    Changing the  location of a meeting may require providing notice of the new location, which  would 
    be required to  comply with the Open Meetings Law. 
Accordingly, if  the public body can reasonably expect one or two hundred people to attend the 
    meeting, as in  your example, based on information from various media outlets and  communications 
    with the public,  it would have a responsibility to take reasonable efforts to hold the meeting  in a 
    location that  could reasonably accommodate the attendees.  
Hope it helps –
Camille
Camille S.  Jobin-Davis, Esq.
    Assistant  Director
    NYS Committee on  Open Government
    Department of  State
    99 Washington  Ave, Suite 650
    Albany NY 12231
Tel: 518-474-2518
    Fax: 518-474-1927
    http://www.dos.ny.gov/coog/index.html
State of New York