Open Meetings Law Guidance Update for January 28, 2022

On January 14, 2022, Governor Hochul signed legislation (Chapter 1 of the Laws of 2022), which continues the temporary amendment to the Open Meetings Law (subdivision 103(c) of the Public Officers Law), which permits telephonic and video conference participation in charter school education corporation meetings by trustees without in-person public access at every remote site.

Through the end of the current Emergency Declaration, February 15, 2022, the following rules apply to meetings of education corporation boards:

• Meetings must still be noticed in accordance with the Open Meetings Law but the notice does not have to include the location of every trustee who may participate via videoconference or conference telephone.
• The meeting notice must include how the public will be able to access the meeting via telephone or videoconference (weblink).
• The meeting must be recorded, and later transcribed, with such transcription to be available through the N.Y. Freedom of Information Law.

As a best practice, the SUNY Charter Schools Institute recommends using a school site as a videoconference location for those who do not have computer or internet access.

The Institute will provide updates if the Emergency Declaration is extended.