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104. Public Notice.
1.
Public notice of the time and
place of a meeting scheduled at least
one week prior thereto shall be given to the news media
and shall be conspicuously posted in one or more designated
public locations at least seventy-two hours before such
meeting.
2.
Public notice of the time and place of every other meeting
shall be given, to the extent practicable, to the news media
and shall be conspicuously posted in one
or more designated public locations at a
reasonable time prior thereto.
3.
The public notice provided for by this section shall not be
construed to require publication as a legal notice.
4.
If videoconferencing is used to conduct a meeting, the public
notice for the meeting shall inform the public that
videoconferencing will be used, identify the locations for the
meeting, and state that the
public has the right to attend the meeting at any of the locations. |
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106. Minutes.
1.
Minutes shall be taken at all open
meetings of a public body which shall consist of a
record or summary of all motions, proposals, resolutions and
any other matter formally voted upon and the vote thereon.
2. Minutes shall be taken at executive
sessions of any action that is taken by formal vote
which shall consist of a record or summary of the final
determination of such action, and the date and vote thereon;
provided, however, that such summary need not include any matter which is
not required to be made public by the freedom of information
law as added by article six of this chapter.
3.
Minutes of meetings of all public bodies shall be available to
the public in accordance with the provisions of the freedom of
information law within two weeks from the date of such meeting
except that minutes taken pursuant to subdivision two hereof
shall be available to the public within one week from the date
of the executive session. |
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107. Enforcement.
1.
Any aggrieved person shall have standing to enforce the
provisions of this article against a public body by the
commencement of a proceeding pursuant to
article seventy-eight of the civil practice law and
rules, and/or an action for declaratory judgment and
injunctive relief. In any such action or proceeding, the court
shall have the power, in its discretion, upon good cause
shown, to declare any action or part thereof taken in
violation of this article void in whole or in part. An
unintentional failure to fully comply with the notice
provisions required by this article shall not alone be grounds
for invalidating any action taken at a meeting of a public
body. The provisions of this article shall not affect the
validity of the authorization, acquisition, execution or
disposition of a bond issue or notes.
2.
In any proceeding brought pursuant to this section, costs and
reasonable attorney fees may be awarded by the court, in its
discretion, to the successful party.
3.
The statute of limitations in an article seventy-eight
proceeding with respect to an action taken at executive
session shall commence to run from the date the minutes of
such executive session have been made available to the public. |