Group Memo of Support for Open Government Training Requirements for Local Officials

A7552 (McMahon, Steck, Simon, Conrad, Simone, Schiavoni, Glick, Levenberg) S9603 (Mayer)

Amends the Open Meetings Law to require government officials to complete a minimum of two hours of training, with one hour on the state’s open meetings law and one hour on the freedom of information law.

TITLE OF BILL
An act to amend the public officers law in relation to requiring members of public bodies to complete a minimum of training on the state’s open meetings law and freedom of information law.

STATEMENT OF SUPPORT
Our group(s) strongly support this bill as it will encourage adherence to the open meetings and freedom of information law. When public entities are fully aware of their responsibilities to open government, following the law creates a more transparent and seamless compliance with the law. Allowing training in various formats such as electronic media, distance learning or traditional learning classroom learning, compliance is easily accomplished and documented for all public bodies.

Currently, there is annual training for members of local Planning Boards and Zoning Boards of Appeals.  Public authority boards are also required to complete training on their fiduciary, financial and ethical responsibilities pursuant to the Public Authorities Law.  Newly elected school board members are also required to complete within their first years serving on their board a minimum of six hours of training in fiscal oversight, accountability and fiduciary responsibilities.

Local governmental officials/officers are often and expected to make decisions that directly affect and impact the public’s right to access governmental meetings and records. Unlike other entities, there is no baseline requirement for officials to receive minimal instruction about their responsibilities or obligations under the Open Meetings Law and Freedom of Information Law.  This bill addresses that gap by establishing a uniform and minimal training requirement for local officers so that those responsible for carrying out our state’s transparency laws are able to do so with the knowledge needed and to do so effectively. 

When there is a common understanding of how these laws work, transparency becomes easily attainable and public trust is gained. When the government works with its constituents for attaining common and important goals, transparency enables more work to be done on actual legislation rather than deciding if information can be shared publicly. By promoting consistent understanding and application of these laws, this legislation will enhance compliance and reduce inadvertent violations. 

The legislation should also help to alleviate interpretations of the laws, FOIL in particular. We have had many questions and discussions with public entities because they do not appear to have a good understanding or have consistent application of these laws. This legislation closes the gap by providing information and training that is consistent for all.

SUMMARY OF PROVISIONS

• This bill requires local public officers, including village, town, city and county clerks, attorney’s, and records access officers to complete two hours of annual training specifically focused on open meetings law and freedom of information law (FOIL).
• Training must include one hour dedicated to Open Meetings Law (Article 7) and one hour dedicated to the freedom of information law (Article 6).
• The training must be approved by the Committee on Open Government and can be delivered in various formats such as electronic media, distance learning, or traditional classroom settings.
• Officials must file proof of their training each year with their designated records officer by December 31’st each year.
• This training aims to ensure that local officials are well-informed about government transparency laws governing public meetings and access to governmental records with the intent and goal of promoting government accountability and public access to the information.