New York Consolidated Laws
N.Y. Public Officers Law § 103 (2026)
Open meetings and executive sessions
✓ current as of May 2026
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§ 103. Open meetings and executive sessions. (a) Every meeting of a public body shall be open to the general public, except that an executive session of such body may be called and business transacted thereat in accordance with section ninety-five of this article. (b) Public bodies shall make or cause to be made all reasonable efforts to ensure that meetings are held in facilities that permit barrier-free physical access to the physically handicapped, as defined in subdivision five of section fifty of the public buildings law. * (c) A public body shall provide an opportunity for the public to attend, listen and observe meetings in at least one physical location at which a member participates. * NB Effective until July 1, 2026 * (c) A public body that uses videoconferencing to conduct its meetings shall provide an opportunity for the public to attend, listen and observe at any site at which a member participates. * NB Effective July 1, 2026 * (d) Public bodies shall make or cause to be made all reasonable efforts to ensure that meetings are held in an appropriate facility which can adequately accommodate members of the public who wish to attend such meetings. * NB There are 2 sub (d)'s * (d) 1. Any meeting of a public body that is open to the public shall be open to being photographed, broadcast, webcast, or otherwise recorded and/or transmitted by audio or video means. As used herein the term "broadcast" shall also include the transmission of signals by cable. 2. A public body may adopt rules, consistent with recommendations from the committee on open government, reasonably governing the location of equipment and personnel used to photograph, broadcast, webcast, or otherwise record a meeting so as to conduct its proceedings in an orderly manner. Such rules shall be conspicuously posted during meetings and written copies shall be provided upon request to those in attendance. * NB There are 2 sub (d)'s (e) Agency records available to the public pursuant to article six of this chapter, as well as any proposed resolution, law, rule, regulation, policy or any amendment thereto, that is scheduled to be the subject of discussion by a public body during an open meeting shall be made available, upon request therefor, to the extent practicable at least twenty-four hours prior to the meeting during which the records will be discussed. Copies of such records may be made available for a reasonable fee, determined in the same manner as provided therefor in article six of this chapter. If the agency in which a public body functions maintains a regularly and routinely updated website and utilizes a high speed internet connection, such records shall be posted on the website to the extent practicable at least twenty-four hours prior to the meeting. An agency may, but shall not be required to, expend additional moneys to implement the provisions of this subdivision. (f) Open meetings of an agency or authority shall be, to the extent practicable and within available funds, broadcast to the public and maintained as records of the agency or authority. If the agency or authority maintains a website and utilizes a high speed internet connection, such open meeting shall be, to the extent practicable and within available funds, streamed on such website in real-time, and posted on such website within and for a reasonable time after the meeting. For the purposes of this subdivision, the term "agency" shall mean only a state department, board, bureau, division, council or office and any public corporation the majority of whose members are appointed by the governor. For purposes of this subdivision, the term "authority" shall mean a public authority or public benefit corporation created by or existing under any state law, at least one of whose members is appointed by the governor (including any subsidiaries of such public authority or public benefit corporation), other than an interstate or international authority or public benefit corporation.
Notes of Decisions
Cited in 64
cases (10 in the last 5 years), 1985–2024 · leading case: Halperin v. City of New Rochelle, 24 A.D.3d 768 (N.Y. App. Div. 2005).
Halperin v. City of New Rochelle, 24 A.D.3d 768 (N.Y. App. Div. 2005). “Agency, 224 AD2d 15, 30 [1996]) of establishing that the Zoning Board violated the open meetings provisions of the Public Officers Law when it went into executive session or consulted, in the absence of a quorum, with its attorneys or retained experts (see *778 Public Officers…”
Gordon v. Vill. of Monticello, Inc., 661 N.E.2d 691 (NY 1995). “* Thus, the statute provides generally that "[e]very meeting of a public body shall be open to the general public” (Public Officers Law § 103 [a]). As the Legislature stated in its preamble to the statute: "It is essential to the maintenance of a democratic society that the…”
Matter of Ballard v. New York Saf. Track LLC, 126 A.D.3d 1073 (N.Y. App. Div. 2015). “Generally, “[e]very meeting of a public body shall be open to the general public, except that an executive session of such body may be called and business transacted thereat in accordance with [Public Officers Law § 105]” (Public Officers Law § 103 [a]).”
Gernatt Asphalt Prods., Inc. v. Town of Sardinia, 664 N.E.2d 1226 (NY 1996). “It alleges that respondents thereby violated the Open Meetings Law because the drafting of new legislation is not a statutorily authorized purpose for conducting an executive session (see, Public Officers Law § 103 [a]; § 105 [1]).”
Wal-Mart Stores, Inc. v. Plan. Bd., 238 A.D.2d 93 (N.Y. App. Div. 1998). “Petitioners also contend that respondent is estopped from denying the subject applications, due to its failure to render a decision thereon within the time in which it agreed to do so, and that it violated the Open Meetings Law (Public Officers Law § 103 [a]) when deciding the…”
Zehner v. Bd. of Educ. of Jordan-Elbridge Cent. Sch. Dist., 91 A.D.3d 1349 (N.Y. App. Div. 2012). ““Every meeting of a public body shall be open to the general public, except that an executive session of such body may be called and business transacted thereat in accordance with [section 105]” (Public Officers Law § 103 [a]). At such an executive session, i.”
Urban Just. Ctr. v. Pataki, 38 A.D.3d 20 (N.Y. App. Div. 2006). “While the Open Meetings Law (Public Officers Law art 7) does mandate that “[e]very meeting of a public body shall be open to the general public” (Public Officers Law § 103 [a]), Public Officers Law § 108 (2) (a) expressly exempts “deliberations of political committees,…”
Cunney v. Bd. of Trs., 72 A.D.3d 960 (N.Y. App. Div. 2010). “The ZBA, the Village Board of Trustees, and the building inspector appeal.”
Csorny v. Shoreham-Wading River Cent. Sch. Dist., 305 A.D.2d 83 (N.Y. App. Div. 2003). “This conclusion is particularly bolstered by the Legislature’s express refusal to amend Public Officers Law § 103 so as to allow any meeting of a public body to be recorded, broadcast, or photographed pursuant to the rules and regulations adopted by the public body (cf.”
Matter of McCrory v. Vill. of Mamaroneck Bd. of Trs., 2020 NY Slip Op 864 (N.Y. App. Div. 2020). “The statute provides generally that "[e]very meeting of a public body shall be open to the general public," except for executive sessions that may be called for specified reasons (Public Officers Law § 103[a]; see Public Officers Law § 105). Moreover, public notice of the time…”
Matter of Paladino v. Bd. of Educ. for the City of Buffalo Pub. Sch. Dist., 2020 NY Slip Op 2835 (N.Y. App. Div. 2020). “As relevant here, when a public body conducts an executive session, that meeting is not open to the general public and, therefore, disclosure of the information or discussion that occurred during the executive meeting may be prohibited ( see Public Officers Law §§ 103, 105). A…”
Sindoni v. Bd. of Educ. of Skaneateles Cent. Sch. Dist., 2022 NY Slip Op 00772 (N.Y. App. Div. 2022). “It is well settled that "[e]very meeting of a public body shall be open to the general [*2]public, except that an executive session of such body may be called and business transacted thereat in accordance with [section 105]" (Public Officers Law § 103 [a]; see Matter of Zehner v…”
— N.Y. Public Officers Law § 103(b) — 1 case
Conlon v. City of Long Beach, 676 F. Supp. 1289 (E.D.N.Y 1987).
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