BILL NUMBER: S8571

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting
executive sessions for the appointment of elected office

 
PURPOSE:

To require that consideration of matters relating to the appointment of
a member or officer of a public body to fill a vacancy shall be
conducted in a meeting open to the public and shall not be conducted in
an executive session.

 
SUMMARY OF PROVISIONS:

Section one adds a new subdivision 3 to section 105 of the public offi-
cers law to require that consideration of matters relating to the
appointment of a member or officer of a public body to fill a vacancy in
such public body caused by reason of the death, resignation, removal
from office, or refusal to serve, of any elected member or officer of
              

such public body, including interviews of applicants for appointment to
fill such vacancy, and any discussions or deliberations regarding any
such appointment, shall be conducted in a meeting open to the public and
shall not be conducted in an executive session.

Section two provides the effective date.

 
JUSTIFICATION:

When an elected public official resigns, public bodies will often solic-
it applications and subsequently conduct interviews and have discussions
about filling the opening behind closed doors in an executive session.
This practice has been scrutinized, particularly in the case of filling
school board vacancies.

In response to the issue of whether executive sessions are appropriate
to fill a position left vacant by an elected official, New York courts
have determined that the process of replacing elected officials must be
subject to "public input and scrutiny" (See Gordon v. Village of Monti-
cello, Supreme Court, Sullivan County,1994). In addition, the Committee
on Open Government has issued an advisory opinion in relation to whether
a school board may convene an executive session when a school board
member resigns. The Committee pointed to the "obvious importance of
protecting the voter's franchise" and declared that an executive session
is not appropriate to handle appointments to fill the unexpired terms of
elected officials (See Committee on Open Government Advisory Opinion
3354, Aug. 15, 2001).

This legislation amends the Public Officers Law to require that the
consideration of matters relating to the appointment of a member or
officer of a public body to fill a vacancy, including interviews of
applicants, and any discussions or deliberations regarding any such
appointment, shall be conducted in a meeting open to the public and
shall not be conducted in an executive session. Filling a vacant elected
position should never occur behind closed doors. This change to the law
is a needed step towards greater transparency.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.