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.
LBD14078-04-4
S. 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 the
S. 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 town
S. 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.