Town of Lewiston, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewiston 3-28-1977 by L.L. No. 3-1977 (Ch. 19B of the 1965 Code). Amendments noted where applicable.]
It is necessary in the furtherance of democratic principles that the public be aware of the functions and processes of government. The Town Board of the Town of Lewiston is concerned that the citizens of the community be given the opportunity to observe the making of public policy. This chapter is enacted to ensure that the public is given that opportunity.
This chapter shall be known as the "Open Meetings Law."
A. 
As used in this chapter, the words "meeting," "public body" and "executive session" shall have the same meanings as ascribed to them by Article 7, § 102 of the Public Officers Law of the State of New York or any amendment thereto.
B. 
Other terms used in this chapter are:
NEWS MEDIA
The official newspaper of the Town of Lewiston or, if no such newspaper is designated, a newspaper that is printed not less frequently than once a week and generally distributed in the Town of Lewiston in which legal notices may be published or a radio or television station that regularly broadcasts news.
NOTICE
Means but shall not be limited to written or oral information relating to the date, time and place where a meeting is to be held.
This chapter shall be applicable to the Town of Lewiston exclusive of any incorporated village therein.
A. 
It shall be the duty and responsibility of the Town of Lewiston to provide notice of meetings to the public and the news media as provided in this chapter.
B. 
The Town Clerk shall, upon reasonable request, provide, whenever possible, notice to any person of the date, time and place of a meeting of the Town Board whether such request is made in person, in writing or by telephone, provided that:
(1) 
A written request requiring a written notice shall be accompanied by a properly stamped self-addressed envelope.
(2) 
A telephone request requiring the Town Clerk to return a long-distance telephone call shall not be honored unless the requester accepts the charges for such call.
A. 
Notice of meetings scheduled at least one week in advance shall be given as follows:
(1) 
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 meetings in a conspicuous place in the Town Hall of the Town of Lewiston.
(2) 
The news media shall be informed of meetings, scheduled at least one week in advance, by notice given not less than 72 hours prior to said meetings and delivered to an officer, agent or employee of the news media by any of the following methods:
(a) 
Mail. Three days shall be added to the usually required time for all notices sent by mail.
(b) 
Personal delivery. Notices may be personally delivered to an officer, agent or employee of the news media. A receipt acknowledging said delivery shall be obtained from the person to whom said notice is delivered; provided, however, that a statement of service by the deliverer may be substituted for said receipt.
(c) 
Telephone. Should notice be given by telephone, the person making such call shall log, in a record kept for this purpose, the date and time of said call and the person to whom the notice was given.
B. 
Notice of meetings scheduled less than one week in advance shall be given as follows:
(1) 
By the posting of a notice in a conspicuous place in the Town Hall as soon as may be practicable; and
(2) 
By a notice to the news media which shall be delivered either personally or by telephone as set forth in Subsection A(2)(b) and (c) above.
C. 
Notice of regularly scheduled meetings shall be as follows:
(1) 
When a public body schedules meetings in advance that are to be held at specific times and locations and on specific dates at regular intervals, a single notice setting forth the requisite information concerning a regularly scheduled meeting shall be provided to the public and the news media.
(2) 
Notice to the public specifying the time, location and day of regularly scheduled meetings shall be posted in a conspicuous place in the Town Hall.
(3) 
Notice to the news media specifying the time, location and day of regularly scheduled meetings shall be provided in accordance with the provisions of Subsection A(2)(a) or (b).
D. 
Notice of change in time, location or date of meetings. Whenever the time, location or date of a meeting of a public body is changed, the Town Clerk shall, as soon as practicable, notify the public and the news media of said change by any of the methods described in Subsection A above.
The Town Clerk shall keep a log or other record in which shall be entered all applicable information regarding the notice given to the public and the news media pursuant to this chapter, which said log or record shall include:
A. 
The method of notice used.
B. 
The time and date of said notice.
C. 
The places where such notice was given and, when posted, the place of such posting.
D. 
The person to whom said notice was delivered or given.