Bill Text: NY S08410 | 2023-2024 | General Assembly | Introduced
Bill Title: Expands the training time for local municipalities in relation to the open meetings law; requires at least one hour of such training be provided by the committee on open government or an appropriate entity in relation to compliance with the open meetings law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-29 - REFERRED TO LOCAL GOVERNMENT [S08410 Detail]
Download: New_York-2023-S08410-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8410 IN SENATE January 29, 2024 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, the general city law, the town law and the village law, in relation to expanding training requirements for municipalities in relation to compliance with the open meetings law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (d) of subdivision 2 of section 239-c of the 2 general municipal law, as amended by chapter 662 of the laws of 2006, is 3 amended to read as follows: 4 (d) Training and attendance requirements. (i) Each member of a county 5 planning board shall complete, at a minimum, [four] five hours of train- 6 ing each year designed to enable such members to more effectively carry 7 out their duties. Training received by a member in excess of [four] five 8 hours in any one year may be carried over by the member into succeeding 9 years in order to meet the requirements of this paragraph. Such training 10 shall be approved by the county and may include, but not be limited to, 11 training provided by a regional or county planning office or commission, 12 county planning federation, state agency, statewide municipal associ- 13 ation, college or other similar entity, provided that at least one hour 14 of such training is provided by the committee on open government or 15 another appropriate entity in relation to compliance with the open meet- 16 ings law. Training may be provided in a variety of formats, including 17 but not limited to, electronic media, video, distance learning and 18 traditional classroom training. 19 (ii) To be eligible for reappointment to such board, such member shall 20 have completed the training promoted by the county pursuant to this 21 paragraph. 22 (iii) The training required by this paragraph may be waived or modi- 23 fied by the county when, in the judgment of the governing board, it is 24 in the best interest of the county to do so provided that the county may 25 not waive required training in relation to compliance with the open 26 meetings law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14078-04-4S. 8410 2 1 (iv) No decision of a county planning board shall be voided or 2 declared invalid because of a failure to comply with this paragraph. 3 § 2. Subdivision 7-a of section 27 of the general city law, as added 4 by chapter 662 of the laws of 2006, is amended to read as follows: 5 7-a. Training and attendance requirements. a. Each member of the plan- 6 ning board of a city, except a city having a population of more than one 7 million, shall complete, at a minimum, [four] five hours of training 8 each year designed to enable such members to more effectively carry out 9 their duties. Training received by a member in excess of [four] five 10 hours in any one year may be carried over by the member into succeeding 11 years in order to meet the requirements of this subdivision. Such train- 12 ing shall be approved by the legislative body and may include, but not 13 be limited to, training provided by a municipality, regional or county 14 planning office or commission, county planning federation, state agency, 15 statewide municipal association, college or other similar entity, 16 provided that at least one hour of such training is provided by the 17 committee on open government or another appropriate entity in relation 18 to compliance with the open meetings law. Training may be provided in a 19 variety of formats, including but not limited to, electronic media, 20 video, distance learning and traditional classroom training. 21 b. To be eligible for reappointment to such board, such member shall 22 have completed the training promoted by the city pursuant to this subdi- 23 vision. 24 c. The training required by this subdivision may be waived or modified 25 by resolution of the legislative body of the city when, in the judgment 26 of such legislative body, it is in the best interest of the city to do 27 so, provided that the city may not waive required training in relation 28 to compliance with the open meetings law. 29 d. No decision of a planning board shall be voided or declared invalid 30 because of a failure to comply with this subdivision. 31 § 3. Subdivision 7-a of section 81 of the general city law, as added 32 by chapter 662 of the laws of 2006, is amended to read as follows: 33 7-a. Training and attendance requirements. (a) Each member of the 34 board of appeals in a city, except a city having a population of more 35 than one million, shall complete, at a minimum, [four] five hours of 36 training each year designed to enable such members to more effectively 37 carry out their duties. Training received by a member in excess of 38 [four] five hours in any one year may be carried over by the member into 39 succeeding years in order to meet the requirements of this subdivision. 40 Such training shall be approved by the legislative body and may include, 41 but not be limited to, training provided by a municipality, regional or 42 county planning office or commission, county planning federation, state 43 agency, statewide municipal association, college or other similar 44 entity, provided that at least one hour of such training is provided by 45 the committee on open government or another appropriate entity in 46 relation to compliance with the open meetings law. Training may be 47 provided in a variety of formats, including but not limited to, elec- 48 tronic media, video, distance learning and traditional classroom train- 49 ing. 50 (b) To be eligible for reappointment to such board, such member shall 51 have completed the training promoted by the city pursuant to this subdi- 52 vision. 53 (c) The training required by this subdivision may be waived or modi- 54 fied by resolution of the legislative body of the city when, in the 55 judgement of such legislative body, it is in the best interest of theS. 8410 3 1 city to do so, provided that the city may not waive required training in 2 relation to compliance with the open meetings law. 3 (d) No decision of a board of appeals shall be voided or declared 4 invalid because of a failure to comply with this subdivision. 5 § 4. Subdivision 7-a of section 267 of the town law, as added by chap- 6 ter 662 of the laws of 2006, is amended to read as follows: 7 7-a. Training and attendance requirements. (a) Each member of the 8 board of appeals shall complete, at a minimum, [four] five hours of 9 training each year designed to enable such members to more effectively 10 carry out their duties. Training received by a member in excess of 11 [four] five hours in any one year may be carried over by the member into 12 succeeding years in order to meet the requirements of this subdivision. 13 Such training shall be approved by the town board and may include, but 14 not be limited to, training provided by a municipality, regional or 15 county planning office or commission, county planning federation, state 16 agency, statewide municipal association, college or other similar 17 entity, provided that at least one hour of such training is provided by 18 the committee on open government or another appropriate entity in 19 relation to compliance with the open meetings law. Training may be 20 provided in a variety of formats, including but not limited to, elec- 21 tronic media, video, distance learning and traditional classroom train- 22 ing. 23 (b) To be eligible for reappointment to such board, such member shall 24 have completed the training promoted by the town pursuant to this subdi- 25 vision. 26 (c) The training required by this subdivision may be waived or modi- 27 fied by resolution of the town board when, in the judgment of the town 28 board, it is in the best interest of the town to do so, provided that 29 the town may not waive required training in relation to compliance with 30 the open meetings law. 31 (d) No decision of a zoning board of appeals shall be voided or 32 declared invalid because of a failure to comply with this subdivision. 33 § 5. Subdivision 7-a of section 271 of the town law, as added by chap- 34 ter 662 of the laws of 2006, is amended to read as follows: 35 7-a. Training and attendance requirements. a. Each member of the plan- 36 ning board shall complete, at a minimum, [four] five hours of training 37 each year designed to enable such members to more effectively carry out 38 their duties. Training received by a member in excess of [four] five 39 hours in any one year may be carried over by the member into succeeding 40 years in order to meet the requirements of this subdivision. Such train- 41 ing shall be approved by the town board and may include, but not be 42 limited to, training provided by a municipality, regional or county 43 planning office or commission, county planning federation, state agency, 44 statewide municipal association, college or other similar entity, 45 provided that at least one hour of such training is provided by the 46 committee on open government or another appropriate entity in relation 47 to compliance with the open meetings law. Training may be provided in a 48 variety of formats, including but not limited to, electronic media, 49 video, distance learning and traditional classroom training. 50 b. To be eligible for reappointment to such board, such member shall 51 have completed the training promoted by the town pursuant to this subdi- 52 vision. 53 c. The training required by this subdivision may be waived or modified 54 by resolution of the town board when, in the judgment of the town board, 55 it is in the best interest of the town to do so, provided that the townS. 8410 4 1 may not waive required training in relation to compliance with the open 2 meetings law. 3 d. No decision of a planning board shall be voided or declared invalid 4 because of a failure to comply with this subdivision. 5 § 6. Subdivision 7-a of section 7-712 of the village law, as added by 6 chapter 662 of the laws of 2006, is amended to read as follows: 7 7-a. Training and attendance requirements. (a) Each member of the 8 board of appeals shall complete, at a minimum, [four] five hours of 9 training each year designed to enable such members to more effectively 10 carry out their duties. Training received by a member in excess of 11 [four] five hours in any one year may be carried over by the member into 12 succeeding years in order to meet the requirements of this subdivision. 13 Such training shall be approved by the board of trustees and may 14 include, but not be limited to, training provided by a municipality, 15 regional or county planning office or commission, county planning feder- 16 ation, state agency, statewide municipal association, college or other 17 similar entity, provided that at least one hour of such training is 18 provided by the committee on open government or another appropriate 19 entity in relation to compliance with the open meetings law. Training 20 may be provided in a variety of formats, including but not limited to, 21 electronic media, video, distance learning and traditional classroom 22 training. 23 (b) To be eligible for reappointment to such board, such member shall 24 have completed the training promoted by the village pursuant to this 25 subdivision. 26 (c) The training required by this subdivision may be waived or modi- 27 fied by resolution of the board of trustees when, in the judgment of the 28 board of trustees, it is in the best interest of the village to do so, 29 provided that the village may not waive required training in relation to 30 compliance with the open meetings law. 31 (d) No decision of a board of appeals shall be voided or declared 32 invalid because of a failure to comply with this subdivision. 33 § 7. Subdivision 7-a of section 7-718 of the village law, as added by 34 chapter 662 of the laws of 2006, is amended to read as follows: 35 7-a. Training and attendance requirements. a. Each member of the plan- 36 ning board shall complete, at a minimum, [four] five hours of training 37 each year designed to enable such members to more effectively carry out 38 their duties. Training received by a member in excess of [four] five 39 hours in any one year may be carried over by the member into succeeding 40 years in order to meet the requirements of this subdivision. Such train- 41 ing shall be approved by the board of trustees and may include, but not 42 be limited to, training provided by a municipality, regional or county 43 planning office or commission, county planning federation, state agency, 44 statewide municipal association, college or other similar entity, 45 provided that at least one hour of such training is provided by the 46 committee on open government or another appropriate entity in relation 47 to compliance with the open meetings law. Training may be provided in a 48 variety of formats, including but not limited to, electronic media, 49 video, distance learning and traditional classroom training. 50 b. To be eligible for reappointment to such board, such member shall 51 have completed the training promoted by the village pursuant to this 52 subdivision. 53 c. The training required by this subdivision may be waived or modified 54 by resolution of the board of trustees when, in the judgment of the 55 board of trustees, it is in the best interest of the village to do so,S. 8410 5 1 provided that the village may not waive required training in relation to 2 compliance with the open meetings law. 3 d. No decision of a planning board shall be voided or declared invalid 4 because of a failure to comply with this subdivision. 5 § 8. This act shall take effect on the first of January next succeed- 6 ing the date on which it shall have become a law.
