Provides for monetary penalties for the intentional violation of the open meetings law by any member of a public body who participates in a meeting with the intent and purpose of violating the provisions of the open meetings law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6333
SPONSOR: Thiele
 
TITLE OF BILL:
An act to amend the public officers law, in relation to providing penal-
ties for the intentional violation of the open meetings law
 
PURPOSE:
This legislation provides penalties for the intentional violation of the
open meetings law.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Section 107 of the Public Officers Law making any
member of a public body who participates in a meeting with the intent
and purpose of violating the Open Meetings Law guilty of an offense.
Sets forth the penalties for specific violations.
Section 2. Effective Date
 
JUSTIFICATION:
The legislative declaration set forth in the Public Officers Law - Arti-
cle 7 - Open Meetings Law states "that it is essential to the mainte-
nance of a democratic society that the public business be performed in
an open and public manner and that the citizens of this state be fully
aware of and able to observe the performance of public officials and
attend and listen to the deliberations and decisions that go into the
making of public policy. The people must be able to remain informed if
they are to retain control over those who are their public servants. It
is the only climate under which the commonwealth will prosper and enable
the governmental process to operate for the benefit of those who created
it."
The penalties for violating the Open Meetings Law simply haven't been
strong enough to ensure compliance and an open and transparent govern-
ment. This legislation provides another tool to deter illegal conduct.
It makes any member of a public body who participates in a meeting with
the intent and purpose of violating the Open Meetings Law guilty of an
offense. The penalty for a conviction of a first offense shall be
punishable by a fine of between $350 and $1,000. For a conviction of the
second or subsequent offense, the fine shall be between $500 and $2,000.
Any fines, including the cost of prosecution, are the sole responsibil-
ity of those convicted. The state or any public corporation shall not
make a payment nor reimburse a member of a public body for any fine or
cost associated with such violation of the Open Meetings Law.
 
LEGISLATIVE HISTORY:
2021-22: A6140
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6333
2023-2024 Regular Sessions
IN ASSEMBLY
April 5, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to providing penal-
ties for the intentional violation of the open meetings law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 107 of the public officers law is amended by adding
2 a new subdivision 4 to read as follows:
3 4. Any member of a public body who participates in a meeting with the
4 intent and purpose by that member of violating this article is hereby
5 guilty of an offense. Such offense shall be punishable by a fine of not
6 less than three hundred fifty dollars nor more than one thousand dollars
7 for conviction of a first offense. Said offense shall be punishable
8 by a fine of not less than five hundred dollars nor more than two thou-
9 sand dollars for conviction of a second offense or subsequent offense.
10 Upon conviction, said member of a public body shall also be liable for
11 the costs of prosecution. The state or any public corporation for the
12 public body shall not make a payment on behalf of or reimburse a member
13 of a public body for a fine or cost resulting from the member's
14 violation of this section.
15 § 2. This act shall take effect on the first of September next
16 succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10654-01-3