Public Disclosure

Question 0

Disclosure Procedure Regulations

Answer 0

Agencies must adopt regulations governing procedure to follow for a citizen to request a record.
Must include
time and place records are available
persons they can be obtained from
fees for copies

Question 1

Freedom of Information Law

Answer 1

Records can be requested from a public agency
designed to give access to government

Records are any information kept for an agency or state legislature in any physical form

Question 2

What records must be disclosed?

Answer 2

All records must be disclosed when
request reasonably describes record sought and
is made in accord with published rules
subject to exception

Question 3

When disclosure is rightfully denied

Answer 3

1. statutory exemption
2. invasion of privacy
3. impairment of imminent contract or collective bargaining negotiation
4. trade secrets whose disclosure would cause substantial injury
5. interferes with law enforcement investigation or judicial proceeding
6. deprives person of right to fair trial
7. identity of confidential source or information
8. revelation of non-routine criminal investigative techniques
9. disclosure could endanger life of any person

Question 4

Open Meeting Law

Answer 4

Gives right for public to attend meetings of public bodies

Agencies are required to give notice of meetings and hold open to the public

Question 5

Meeting Defined

Answer 5

The official convening of a public body for the purpose of conducting public business

Question 6

Applicability of Open Meeting Law

Answer 6

applies to all public bodies
for which a quorum is required to conduct business
consists of 2 or more members
performs a governmental functon

Question 7

Notice of Public Meeting

Answer 7

Time and place
to public and news media
72 hours prior if meeting is scheduled at least a week in advance

less than one week in advance - as soon as practicable prior to meeting

Question 8

Exception to Open Meeting Law

Answer 8

An Executive Session need not be held open to the public

Can only be held after majority vote of all body’s membership taken in open meeting and only conducted for specific purposes

Question 9

Executive Meeting

Permissible purposes

Answer 9

1. matters imperiling public safety disclosed
2. potential disclosure of law enforcement agent or informant
3. involving current or future criminal investigation or prosecution that could imperil effective law enforcement
4. discussion of proposed, pending or current legislation
5. collective negotiations pursuant to article 14 of civil service law
6. medical, financial, credit or employment history of any person
7. preparation, grading or administration of examinations
8. proposed sale of real property when disclosure would substantially affect the value

Question 10

Prohibition During Executive Sessions

Answer 10

Cannot vote to appropriate public funds