Legislation
SECTION 107
Enforcement
Public Officers (PBO) CHAPTER 47, ARTICLE 7
§ 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, or an action for declaratory judgment and
injunctive relief. In any such action or proceeding, if a court
determines that a public body failed to comply with this article, the
court shall have the power, in its discretion, upon good cause shown, to
declare that the public body violated this article and/or declare the
action taken in relation to such violation void, in whole or in part,
without prejudice to reconsideration in compliance with this article. If
the court determines that a public body has violated this article, the
court may require the members of the public body to participate in a
training session concerning the obligations imposed by this article
conducted by the staff of the committee on open government.
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. If a court determines that a vote was taken in
material violation of this article, or that substantial deliberations
relating thereto occurred in private prior to such vote, the court shall
award costs and reasonable attorney's fees to the successful petitioner,
unless there was a reasonable basis for a public body to believe that a
closed session could properly have been held.
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.
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, or an action for declaratory judgment and
injunctive relief. In any such action or proceeding, if a court
determines that a public body failed to comply with this article, the
court shall have the power, in its discretion, upon good cause shown, to
declare that the public body violated this article and/or declare the
action taken in relation to such violation void, in whole or in part,
without prejudice to reconsideration in compliance with this article. If
the court determines that a public body has violated this article, the
court may require the members of the public body to participate in a
training session concerning the obligations imposed by this article
conducted by the staff of the committee on open government.
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. If a court determines that a vote was taken in
material violation of this article, or that substantial deliberations
relating thereto occurred in private prior to such vote, the court shall
award costs and reasonable attorney's fees to the successful petitioner,
unless there was a reasonable basis for a public body to believe that a
closed session could properly have been held.
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.