Conducting Public Meetings and Public Hearings

Conducting Public Meetings

and Public Hearings

JAMES A. COON LOCAL GOVERNMENT TECHNICAL SERIES

A Division of the New York Department of State

Kathy Hochul, Governor Robert J. Rodriguez, Secretary of State

NEW YORK STATE DEPARTMENT OF STATE

99 WASHINGTON AVENUE

ALBANY, NY 12231-0001

http://www.dos.ny.gov

Revised: 2023

Reprinted: 2023

“Democracy, like a precious jewel, shines most brilliantly

in the light of an open government.”

Table of Contents

Introduction ......................................................................................................................................1

Part One: Meetings .........................................................................................................................1

The Open Meetings Law ..........................................................................................................1

Preparing a Public Notice .........................................................................................................4

Planning a Meeting ...................................................................................................................5

Organizing for the Meeting ......................................................................................................5

At the Meeting ..........................................................................................................................6

Part Two: Public Hearings ..............................................................................................................7

Hearings Required by Law .......................................................................................................7

Conducting a Public Hearing ....................................................................................................8

Conclusion .....................................................................................................................................11

If You Need More Information ......................................................................................................12

Sample Resolution for Public Hearing ..........................................................................................13

Sample Public Notice .....................................................................................................................14

Endnotes .........................................................................................................................................15

INTRODUCTION

Nearly all of a municipal board's work is performed in meetings or hearings that are open to the

public. Such meetings are subject to several state and local procedural requirements, as well as

the political climate of the locality. Taken together, these requirements can confuse, intimidate

and stymie even the most experienced of boards. For this reason, it is the intent of this publication

to educate and refresh municipal officials on several of the procedures governing public meetings

and hearings. Only with a working knowledge of state procedural requirements will municipal

officials be free to focus on the current issues and political needs of their communities.

The Division of Local Government Services wishes to express its gratitude to the New York State

Committee on Open Government for their assistance in the preparation of this publication.

PART ONE: MEETINGS

THE OPEN MEETINGS LAW

It is essential to the maintenance 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

commonweal will prosper and enable the governmental process to operate for

the benefit of those who created it.

This legislative declaration clearly sets forth the intent of the Open Meetings Law (OML) and the

State's idealistic goals for local government. The Open Meetings Law was designed to facilitate

public observance of the workings of government and to prevent the deliberate exclusion of the

public from being able to observe the governmental process. To local governments, the OML

requires that they examine their processes in order to determine whether the public is actually, or

even perceptually, being unduly excluded.

What is a Meeting? — The Open Meetings Law defines a “meeting” as “the official convening

of a public body for the purpose of conducting public business.”

A “public body” is “any entity,

for which a quorum is required in order to conduct public business and which consists of two or

more members, performing a governmental function for the state or for an agency or department

thereof, or for a public corporation as defined in section sixty-six of the general construction law,

or committee or subcommittee or other similar body consisting of members of such public body

or an entity created or appointed to perform a necessary function in the decision-making process

for which a quorum is required in order to conduct public business and which consists of two or

more members. A necessary function in the decision-making process shall not include the

provision of recommendations or guidance which is purely advisory and which does not require

further action by the state or agency or department thereof or public corporation as defined in

section sixty-six of the general construction law.”

The following entities, among others, are thus

subject to the requirements of the OML: city councils, town boards, village boards of trustees,

planning boards, zoning boards of appeals, volunteer fire companies, boards of fire commissioners,

boards of trustees of volunteer fire companies, municipal water boards, school boards, as well as

their committees and subcommittees. The comprehensive definitions of the OML essentially mean

that any group organized to perform a governmental function must make all of its meetings open

to the public and must give proper notice of such meetings.

The statute defines a “meeting,” not by the nomenclature attached to it, but by the facts: any time

a public body gathers for the purpose of conducting public business (regardless of whether the

body intends to take any action) the proceeding must be convened open to the public. Character-

izing meetings as “work sessions,” or using similar wording, does not relieve the body of the need

to comply with the OML. On the other hand, the OML does not apply to social gatherings or

chance meetings, even where some item of public business may be mentioned in passing. It also

does not apply whenever less than a quorum of the members of a public body get together, since

no substantive public business may be done under those circumstances.

Who May Attend? — The Open Meetings Law requires that meetings held by public bodies must

be “open to the general public,”

i.e., that the body must accord access (including media access)

to every meeting. Where a public body uses videoconferencing to conduct a meeting, it must also

provide for public access at any location from which any member of the body participates, unless

a member is participating via videoconferencing due to “extraordinary circumstances.”

It does

not require the public body to offer the public an opportunity to be heard. The right to participate

(that is, to speak) at a meeting may be limited to the members of the public body itself. A public

body may, however, permit public participation and may provide rules for speakers to follow at

meetings.

Also included among the OML’s requirements is that “all reasonable efforts” be made

to ensure that the meeting venue is accessible to the physically handicapped.

The Open Meetings Law was amended in early 2022 to allow for the expanded use of

videoconferencing by public bodies (until July 1, 2024) to conduct open meetings under

extraordinary circumstances, regardless of a declaration of emergency.

The expanded use of videoconferencing allows for members to participate by videoconference in

locations that do not allow for in-person physical attendance, but a quorum of the public body must

be present together or separately in locations that do allow for in-person attendance.

Each public body that wishes to allow for remote attendance by its members at locations that do

not allow for in-person physical attendance by the public is required to adopt a local law (governing

boards of cities, towns, villages, and counties) or adopt a resolution (all other municipal public

bodies) authorizing such remote attendance and must establish written procedures that set forth

what they determine to be “extraordinary circumstances.”

More information about this amendment to Open Meetings Law can be found on the website of

the Committee on Open Government in a document noted in the “Further Reading” section of this

publication.

Executive Sessions — An “executive session” is a portion of an open meeting during which the

public may be excluded.

The public body’s authority to conduct an executive session is limited

to those purposes enumerated in the Open Meetings Law.

In summary, a public body may only

go into executive session if the matters to be discussed:

• will imperil public safety if disclosed;

• may disclose the identity of a law enforcement agent or informer;

• relate to a current or future investigation or prosecution of a criminal offense which

would imperil effective law enforcement if disclosed;

• relate to proposed, pending, or current litigation;

• relate to public employee collective-bargaining negotiations;

• involve the medical, financial, credit, or employment history of a particular person

or corporation, or matters leading to the appointment, employment, promotion,

demotion, discipline, suspension, dismissal, or removal of a particular person or

corporation;

• pertain to the preparation, grading, or administration of examinations; or

• relate to the proposed acquisition, sale, or lease of real property, or the proposed

acquisition, sale, or exchange of securities, but only when publicity would substan-

tially affect their value.

There are also instances where a public body may conduct business that is totally exempt from

compliance with the Open Meetings law.

These exemptions include:

▪ judicial or quasi-judicial proceedings (except for proceedings of a zoning board of

appeals);

▪ deliberations of political committees, conferences and caucuses; and

▪ any matter made confidential by federal or state law. (The Committee on Open

Government has held that this latter exemption includes the attorney-client privilege:

thus, a public body may meet with its attorney, for the purpose of soliciting and

receiving legal advice, without the need to comply with the Open Meetings Law.

)

It should be emphasized that the executive session, as well as the attorney-client privilege, are

privileges of the public body. Unless another statute actually requires that a matter be discussed

in private, the public body is under no obligation to exclude the public: it simply may do so at its

option.

A public body may only go into executive session following the introduction, during an open

meeting, of a resolution that is then approved by a majority of the fully-constituted body. This

resolution must generally identify the area(s) of the subject(s) to be considered in the executive

session.

As an example, a resolution might state “The Board resolves to enter into an executive

session to discuss the qualifications of several candidates for the position of secretary to the

Board.” There is no need to include names, or to include greater specificity in such a resolution.

Where a public body makes an official decision or takes action during an executive session, it must record

or summarize that action and must record the date and the vote taken in its minutes.

If no votes are

taken during an executive session, no minutes of the executive session need to be prepared. A public

body may not, however, vote in executive session to appropriate public funds.

When a public body lets citizens know when they are meeting and the issues to be addressed, it

takes an important first step in establishing a climate of government based on respect for

constituents' judgment. By facilitating public attendance at its meetings, the body can ensure the

circulation of first-hand information about why it acted as it did and prevent the spread of

misinformation. Although concerned citizens may not have been permitted to participate in the

debate on a particular issue and may in fact not agree with the board's decision, they will

nonetheless have had the opportunity to witness the decision-making process, and, it is hoped, to

hear the true rationale behind the decision.

PREPARING A PUBLIC NOTICE

The Open Meetings Law requires that notice of the time and place of all meetings of a public body

be given prior to every meeting. The notice must include reference to the date, time and location

of the meeting.

If videoconferencing in “extraordinary circumstances” is used to conduct a

meeting, the public notice for the meeting must inform the public that videoconferencing will be

used, where the public can view and/or participate (if participation is permitted) in such meeting,

where required documents and records will be posted or available, and identify the physical

location for the meeting where the public can attend.

General considerations of due process

indicate that the notice should also include the name of the public body. It is further recommended

that the notice identify a contact person or office for the dispensing of additional information.

Although the Open Meetings Law does not strictly require a notice to include an agenda for the

meeting, many public bodies do include the agenda in their notices as a logical extension of

informing the public in a succinct manner of what is planned for consideration at the noticed

meeting.

In addition, since 2012, § 103(e) of the Open Meetings Law has required public bodies or agencies

that host public bodies to make available to the public, within reasonable limitations, the records

scheduled to be discussed during open meetings prior to the meetings. In 2021, § 103(e) of the

Open Meetings Law was amended to require that copies of records be made available to the public

at least 24 hours before a public meeting, to the extent practicable. Records may be available for a

reasonable fee and/or by posting them online. (More information is available in a memorandum

on the website of the Committee on Open Government, a link to which can be found in the “Further

Reading” section of this publication.)

The length of time the notice must precede the meeting varies, depending on when the meeting is

scheduled:

--Meetings scheduled a week or more in advance must be preceded by posted notice given to the

public, and by direct notification given to the news media, not less than 72 hours prior to the

meeting.

--Meetings scheduled less than a week in advance must be preceded by the same forms of notice,

to the extent practicable, prior to the meeting.

If inadequate notice is given, the municipality risks the chance that an aggrieved person will chall-

enge the validity of the meeting in court. This raises the possibility that any or all actions taken

by the public body at the meeting may be invalidated.

While the OML recognizes a court’s

authority to invalidate the action of a public body that is taken in the absence of compliance with

its terms, nonetheless the Law provides that an unintentional failure to comply cannot, in and of

itself, become grounds for invalidation of an action.

PLANNING A MEETING

Public meetings are more effective if they are planned properly and organized several days in

advance. The following questions should be considered in advance when planning for meetings:

▪ Is a meeting necessary? Why meet?

▪ Who should be involved in the meeting?

▪ What subjects must be covered? Should other subjects be considered at this meeting?

▪ What resources will be necessary for conducting this meeting?

▪ What kind of ground rules will be needed?

▪ Is a public hearing required to discuss any of the subjects that must be covered?

ORGANIZING FOR THE MEETING

Time spent organizing in advance of meetings can improve the quality of the meeting and facilitate

the proper conveyance of information to the public. Discussions at well-planned meetings are

usually more focused, resulting in shorter meetings. In addition, fewer meetings may be needed

to finish business because the right information and the right people are brought together the first

time. The following are a few topics and questions to consider when organizing a meeting:

Preparing an Agenda — Making a list of topics for discussion, planning a specific amount of

time for each item, and distributing the agenda before the day of the meeting helps board members

to think about matters in advance.

Inviting Experts and Public Officials — Which outside experts need to be invited for assistance

on the scheduled topics: an attorney; an engineer; a county or State planner? Should public

officials from other units of government be invited to attend?

Preparing Background Information — What information must be prepared before the meeting?

Who will prepare it for the board?

Distributing Information in Advance — Distribute needed information to members in advance

of the meeting so they can become familiar with the matters they will need to decide.

Making Available Materials to be Discussed at the Meeting — Records to be discussed at a

meeting must be made available to members of the public who request copies, to the extent

practicable, at least 24 hours prior to the meeting. In municipalities with high-speed internet and

routinely updated websites, records to be discussed at a meeting must, to the extent practicable, be

posted on the municipal website 24 hours prior to the meeting.

Space for the Meeting — What kind of meeting space is required? Who will arrange for the

facility, open and set it up in advance?

Special Equipment — Arrange for equipment such as microphones, amplifier/speaker systems,

tape recorders, projectors, power cords, equipment stands, charts, markers, and other items to be

available as needed. Where are the electrical outlets needed to operate power equipment?

Other Needs — Must someone be contacted in order to obtain permission to use the meeting

space? Is it necessary to secure a key to open the room? Is anything else necessary?

Confirm that Members Will Attend — Contact members of the body to confirm they will attend

the meeting.

Review Ground Rules — Members should each review the ground rules needed to run the

meeting.

The board's rules of procedure (if there are any) should be checked and the procedures

required therein should be followed during the meeting. Business will flow faster and more

smoothly when all participants are familiar with the rules.

AT THE MEETING

Many of the steps outlined below are probably well known to the experienced board member but

not to newer members. This section was designed to help the latter group become familiar with

the order of a typical meeting.

Setting Up — The secretary, clerk, or someone designated for the purpose, should plan to arrive

at the meeting place a few minutes ahead of time to open the room and to (re)arrange the furniture,

set up special equipment, welcome experts, and greet members of the public.

Roll Call and Quorum — When the members of the body have arrived and the time has come to

open the meeting, the chair should call the meeting to order. Roll call of the members is taken, and

quorum is confirmed. Generally, the number of members necessary for a quorum is an absolute

majority of the total membership, regardless of vacancies and absences.

If a quorum is not present,

no official business can be conducted until more members arrive. Informal discussion can, however,

legally take place, or the meeting can be adjourned (less than a quorum may adjourn).

Minutes — Ideally, the task of taking minutes is permanently assigned to a secretary or clerk. In

the absence of such a support person, the task may be assigned to a board member having sufficient

skill. The chairperson, being responsible for conducting the meeting, should not take the minutes.

Opening Statement — If a quorum is present, the chair may make an opening statement,

welcoming the public and any invited guests to the meeting, and explain the rules to be followed

during the meeting.

Order of Business — The chair guides the meeting through the order of business. A typical order

of business might be:

▪ reading of the minutes of the previous meeting

; amendment and approval;

▪ hearing the reports of standing committees;

▪ hearing of the reports of select committees;

▪ consideration of unfinished business;

▪ consideration of new business;

▪ approval of bills for payment;

▪ setting the time and place for the next meeting;

▪ setting the preliminary agenda for the next meeting; and

▪ adjournment.

Follow-up — After the meeting, minutes will need to be prepared. Depending on local procedural

rules, perhaps a draft will be distributed for comments and corrections. An agenda should be set

up for the next meeting. Assignments to get information or to follow up on action agreed to at the

meeting should also be made. The cycle of giving notice and setting up the next meeting begins

anew.

PART TWO: PUBLIC HEARINGS

HEARINGS REQUIRED BY LAW

New York law empowers all local governments to enact local laws governing many aspects of

their property and affairs.

State law requires the adoption of local laws (as well as ordinances,

in towns) be preceded by a public hearing.

In addition, many particular functions of public

bodies--such as the adoption of a budget, or the issuance of a land use approval--must be preceded

by a hearing. Where local officials require guidance on particular public hearing and notice

requirements associated with municipal business, they should contact the municipal attorney for

advice.

Section 20 of the Municipal Home Rule Law prescribes a five-day newspaper notice period for a

public hearing on a local law. This period may, however, be shortened (to as short a period as

three days) or lengthened, at the option of the local government, via the adoption of its own local

law pertaining to notice.

As this notice period is long enough to meet the requirements of the

OML, a single notice could suffice for both the hearing and the meeting itself, though it should be

remembered that posted notice remains necessary to satisfy the OML.

What Are Public Hearings? — A public hearing is an official proceeding of a governmental

body or officer, during which the public is accorded the right to be heard. It bears emphasizing

that any hearing held by a public body will necessarily constitute “conducting public business”

within the meaning of the Open Meetings Law. If the hearing is conducted by the public body,

the public body must comply with the requirements of the OML as well as with the specific

requirements found elsewhere that relate to the hearing itself. Many public hearings are required

by law on particular matters, such as those that must be held prior to adoption of a local law

, or

prior to a determination by a planning board on a subdivision plat application.

Many others need

only be held at the option of a public body, because it may desire merely to gauge public opinion

on a matter. Where a public hearing is required by law, the particular statute governing the subject

matter usually sets forth the applicable procedural requirements (refer to other publications in this

Technical Series for the particular requirements relating to public hearings held with regard to the

subjects treated therein).

Contents of a Public Notice — While particular statutory requirements may vary, all notices of

public hearings must, at a minimum, include:

▪ the date, time and place of the hearing;

▪ if videoconferencing, inform the public that videoconferencing will be used and include

directions for how the public can view and participate , using remote technology or in

person, in real time; and

▪ a brief statement of its purpose (e.g., “hearing on proposed Local Law No. 1 of 2008”,

or “hearing on a proposed Special Use Permit for a home occupation at 24 Elm Street”).

While usually not legally required, it may be helpful also to include with such notice:

▪ the name and contact information for a person or office that can provide additional

information about the hearing;

▪ information as to where a copy of any relevant documents can be accessed;

▪ information on how individuals or groups may testify at the hearing; and

▪ a suggestion or request that persons testifying at the hearing provide written copies of

their testimony.

CONDUCTING A PUBLIC HEARING

The following is a list of steps and suggestions to help in preparing for a public hearing.

1. Determine Hearing and Notice Requirements — The board should consult with its attorney

in order to determine what hearing and notice requirements must be satisfied, as well as the

possible necessity of sending special notices to specific individuals, other municipalities, boards

or other levels of government affected by the proposed action.

2. Adopt a Resolution — If the matter concerns the adoption of local legislation, the governing body

should adopt a resolution proposing the law, ordinance, rule or regulation in question. The

resolution should appear in the minutes of a meeting, and should state the date, time, place and subject

of the hearing. The board should also instruct the clerk to prepare and place the required public notice.

3. Give Public and Special Notice — Legal notice of the hearing should be published in the

official newspaper, if there is one, or in a newspaper having general circulation within the

municipality, as required by law. A public notice should be posted on the official bulletin board

or signboard, and in other places as required by law. It is advisable that the clerk file an affidavit

of publication after publishing the notice, in order to prove that the request for publication was

made. The news media should be notified, and special notice should be given to individuals and

governmental bodies as may be specially required. (Remember, the notice and access provisions

of the Open Meetings Law--including posted notice--will also apply to any convening of a public

body at which it intends to hold a hearing.)

4. Collect Information — The board should designate a contact person (perhaps the clerk of the

board) for the collection of further information about the public hearing. That person collects

information, maps, records, and other items for public examination prior to the hearing.

5. Utilize the Municipal Attorney — The municipal attorney should be consulted as to whether

an official transcript of the proceedings is required. If so, the board should arrange for a court

stenographer to record and transcribe the official proceedings. If the board determines that the

hearing will require the services of the municipal attorney, then it should arrange for the attorney

to attend the hearing. If special legal procedures must be followed at the hearing, the board may

want to request that the municipal attorney tutor the chair in advance.

6. Determine the Need for Expert Witnesses — A determination should be made by the board

as to the need for having expert witnesses attend and give testimony at the hearing. If expert

witnesses are needed, then appropriate arrangements to secure their services should be made.

7. Arranging For Space and Equipment — Space, furnishings and equipment needs should be

assessed as soon as possible, and arrangements made according to the following needs:

▪ amount of space;

▪ number of chairs and tables;

▪ lectern for the witnesses to testify from (having a single location for the witnesses is

important if the hearing is being recorded);

▪ special equipment, such as microphones, amplifiers, loudspeakers, power cords, easels,

chart paper, computer and audiovisual equipment, and recording devices; and

▪ water pitchers and cups located conveniently for witnesses and board members.

8. Hearing Procedures — Hearing procedures are important for the smooth procession of

witnesses and testimony. The chair should familiarize himself or herself with any applicable legal

procedures and any locally-required procedures, as well as any special “ground rules” established

for the event. It is also useful for the board to consider in advance:

▪ the legal time constraints on making a decision;

▪ how the information collected at the hearing will be used in reaching a decision; and

▪ when the board will meet to make its actual decision.

9. Registration of Persons Wishing to Testify — The clerk should record the names of those

persons wishing to testify at the hearing. Participants should be invited to sign in as they enter the

hearing room. This is especially useful where a record is desired of individuals and groups who

are interested in testifying. Witnesses should be arranged to testify according to a pre-determined

order. It is recommended that expert witnesses and public officials testify first, then persons rep-

resenting organizations, followed by individuals. (An alternative system would follow a first-

come, first-served order, using a sign-in roster.)

10. Opening the Hearing — After the hearing is called to order, the chair should welcome the

public to the hearing and should introduce the members of the board. An opening presentation

should be made by or on behalf of the board, stating what the board hopes to gain from listening

to the public and what the next step in the process will be. The chair should note that the resolution

of the board authorizing the public hearing and the affidavit of publication of the official notice

have been entered into the record. While it is unnecessary to read such documents aloud, the chair

or the board may wish to have the clerk briefly summarize their contents for the audience. The

chair (or alternatively, the board’s attorney) should clearly state the rules of procedure to be

followed by the board at the hearing. These rules should include reference to, and the rationale

behind, the order in which witnesses will be called. Such explanation will help the public to under-

stand and accept the procedure.

11. Accepting Testimony — In addition to accepting oral testimony of witnesses, the board may

also want to accept written comments. If written comments will be accepted, the board should

notify the public as to how many copies will be needed for the board, and if deemed necessary, for

distribution to the media and others present at the hearing.

If the board anticipates a large number of witnesses wishing to testify, it may want to limit the time

for each witness' testimony. Limiting statements to 3-5 minutes encourages witnesses to be

focused and direct and permits more people to testify. Lengthier comments can be accepted in

written form after the hearing is closed. Provisions may be made so that extra time may be given,

should the board consider it necessary.

The chair should call the witnesses in the determined order and invite them to present written copies

of their testimony to the board. When a witness testifies, it is the chair's responsibility to prevent the

witness from straying too far from the subject, and to remind the witness to speak clearly or to speak

into the microphone. The chair should instruct the witness to present his/her testimony to the board,

not to the public. The chair should also prevent others from interrupting the testimony.

The board members may want to ask questions of witnesses in order to clarify facts and opinions

presented in their testimony. In addition to questioning witnesses, the board may permit members

of the public to question witnesses at the hearing. If it does so, the board should be careful not to

turn the hearing into a debate. Open debates of public issues tend to raise people's emotional

levels, diminish the board's control over the hearing, and tend to discourage some witnesses from

testifying.

If witnesses are being called from a witness list, the board will find that some witnesses will elect

not to testify on the grounds that their views were expressed by a previous witness. Also, some

prospective witnesses will leave the hearing early. When the list of witnesses is exhausted, the

chair should ask if anyone remaining wishes to be heard. As time permits, these persons should

be invited to speak.

In hearings where certain facts must be established, the chair may need to ask for further testimony

by the actual parties if those facts have not been presented. This situation is most likely to arise

with a planning board hearing, a board of appeals hearing, a board of assessment review

proceeding, or other hearings involving either a permit or an appeals process.

12. Adjournment — The board may desire to adjourn and reconvene the hearing at a later time.

This may occur for any of a number of reasons: it may wish to reconvene at a different location

(for example, a project site); the hour may be late and the board may desire to continue the

following day; or it may wish to adjourn for a longer period--say, a week or longer, or perhaps

until its next regularly-scheduled meeting, in order to allow more time for the gathering and

presenting of information. In any case, the chair should secure agreement as to the place and time

at which the board will reconvene, and should announce it before adjourning. While it is generally

not necessary to place a new newspaper notice of the hearing’s continuation, the original hearing

notice could reference the possibility of an adjournment (see Sample Notice).

13. Closing the Hearing — A public hearing is concluded when all attendees desiring to speak

have been heard. A vote is not needed to close the hearing; provided no board members object,

the chair simply gavels the hearing to a close. When the oral portion of the hearing is finally

closed, the board may wish to “hold the record open” for a stated time period for the receipt and

inclusion of additional written testimony. This may be appropriate to allow people to respond to

testimony given orally. In such case the board will of course delay any final action on the matter

until the latter deadline has passed. Regardless, any legal time period for a decision must begin

when the oral public hearing is closed.

The chair should thank the public and witnesses for attending and should explain the steps the

board will take to use the information gathered to make a decision.

CONCLUSION

Actions taken at meetings at which the Open Meetings Law is not complied with are at serious

risk of being overturned in court. Fortunately, the goal of most local governments is service to the

community, not the mere avoidance of legal hassles. For this reason, municipal officials should

regard open meeting procedures as serving more than just the State's objective of keeping local

government business open to the public. These procedures give the public the full opportunity to

observe and to participate in its own governance, and they help confirm the local government's

accountability to its constituents. In addition, fairness in applying hearing procedures results in

proper accord for the rights of all parties, a better airing of public opinion on community issues,

and ultimately greater public confidence in the decisional process.

It is hoped that this publication has clarified both the purpose and the detail of the procedures

required in the Open Meetings Law and has been of assistance to all local officials involved in the

organization of public meetings as well as hearings.