Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 2-15-1977 by L.L. No. 2-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Town Board — See Ch. 60.

§ 35-1 Purpose.

The purpose of this chapter is to provide notice to the public and news media of the regular and special meetings of the Town Board at which public business is officially transacted, in compliance with the Public Officers Law, Article 7. Such notice is designated to facilitate public attendance at such meetings and to encourage observation and awareness of the deliberations and decisions of this Board.

§ 35-2 Definitions and word usage.

A. 
The terms, words and phrases used in this chapter, except as provided herein, shall have the same meanings as such terms, words and phrases are defined in § 92 of the Public Officers Law.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
NEWS MEDIA
A newspaper in which legal notices may be published that is printed not less frequently than once a week or a radio or television station that regularly broadcasts news.
NOTICE
Is not limited to, but includes written or oral information relating to the date, time and place where a meeting is to be held.

§ 35-3 Locations for posting of notice.

The following locations are hereby designated as sites where notice of all meetings held by the Town Board shall be posted:
A. 
The Town Clerk's bulletin board.
B. 
The bulletin board of the office of the Town Board.
C. 
On a bulletin board in the office of each department of Town government.

§ 35-4 Designation of media to receive notice.

The Town Board shall designate any of the officially designated newspapers of general circulation within the Town of Babylon and television or radio stations to receive official notices of meetings.

§ 35-5 Clerk to provide notice.

A. 
The Town Clerk shall be responsible for providing notice to the public and the news media as provided in this chapter.
B. 
The Town Clerk shall, upon request, whenever possible, provide notice to any person of the date, time and place of a meeting of the Town Board, whether the request for such information is made in person, in writing or by telephone; provided, however, that:
(1) 
A written request requiring a written notice shall be accompanied by a properly stamped, self-adressed envelope.
(2) 
A telephone request requiring the Town Clerk to return a long distance call shall not be honored unless the requester accepts the charges for such call.

§ 35-6 Notice of meetings scheduled in advance.

A. 
The public shall be informed of meetings scheduled at least one week in advance by the posting of a notice at least 72 hours in advance of such meeting in the locations designated in § 35-3.
B. 
The newspaper(s) or radio or television station designated by the Town Board shall be informed of a meeting scheduled at least one week in advance at least 72 hours in advance of such meeting, by mail or by telephone or by personal delivery of the notice to an officer or employee of the news media.
C. 
Notice provided by mail to the news media shall be sent by certified, return receipt mail at least one week in advance of such meetings to ensure that notice will be provided to the news media at least 72 hours in advance of a meeting.
D. 
When notice to the news media is given by telephone or personally delivered, the person providing the notice shall prepare a record in accordance with the applicable provisions of § 35-10 hereof.

§ 35-7 Notice of meetings scheduled less than one week in advance.

A. 
The public shall be informed of meetings scheduled less than a week in advance as soon as practicable by the posting of notices in locations designated in § 35-3 hereof.
B. 
Notice to the news media shall be delivered personally or by telephone.

§ 35-8 Notice of regularly scheduled meetings.

A. 
When the Town Board schedules, in advance, meetings that are to be held at specific times and locations and on specific dates, a single notice may be provided to the public and the news media.
B. 
Notice specifying the time, location and dates of regularly scheduled meetings shall be posted in the locations designated in § 35-3 hereof.
C. 
Notice specifying the time, location and dates of regularly scheduled meetings shall be provided to the news media designated by the Town Board. Such notice shall be provided by mail or personal delivery.

§ 35-9 Notice of changes in regularly scheduled meetings.

When the time, date or location of a scheduled meeting is changed, the Town Clerk shall, as soon as practicable, post notices showing the change in date, time or location of a meeting at the sites designated in § 35-3 hereof; and provide notice to the news media designated by the Town Board as provided in applicable sections of this chapter.

§ 35-10 Record of notices.

A. 
When notice or changes are made pursuant to this chapter, provision of notice shall be entered on a log or other record maintained by the Town Clerk for this purpose. In addition, when delivered telephonically or in person, a record thereof shall be prepared by the person making such notice.
B. 
The log, other record and any receipt shall indicate:
(1) 
That each is made in compliance with § 94 of the Public Officers Law.
(2) 
The time and date of action.
(3) 
The manner of notice made.
(4) 
The meeting or meetings of which notice was made.
(5) 
The name of the person making the notice.
(6) 
In the event of telephonic or personal delivery, the name and position of the person to whom notice was actually provided.

§ 35-11 Executive sessions.

Nothing contained herein shall be construed to waive, deny, abridge or otherwise curtail the power of the Town Board pursuant to applicable provisions of law to call and conduct executive sessions.