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OML-AO-5235

VIA EMAIL

From: Jobin-Davis, Camille (DOS)
Sent: Tuesday, January 24, 2012 12:01 PM
To:
Subject: Advisory Opinion - Village of Webster

Dear,

This is in response to your correspondence of January 17, 2012 regarding the recent amendment to
Section 103 of the Open Meetings Law.
Please note that we have posted guidance interpreting the new provision of Section 103, which I hope
you will find helpful, at the following link:
http://www.dos.state.ny.us/coog/RecordsDiscussedatMeetings.html
In direct response to your question regarding an agency's responsibility to provide paper copies of
records scheduled to be discussed an open meetings after having posted such records online, it is our
opinion that, as is the case with many of the provisions of the Open Meetings Law, the requirements
set forth in paragraph (e) must be interpreted in a reasonable manner based on the facts as they
unfold. Accordingly, we recommend that if records are posted online prior to a meeting and a
member of the public requests a paper copy of such record prior to a meeting, the agency provide a
paper copy and request that the applicant pay the appropriate fee. If records are generated too close
in time to the start of the meeting and are not able to be posted online prior to the public's
attendance at a meeting, on the other hand, I would suggest that a reasonable response would be to
provide paper copies at the meeting.

I hope that this is helpful.

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
www.dos.ny.gov/coog