FOIL-AO-17816
From: Freeman, Robert (DOS)
Sent: Wednesday, September 23, 2009 10:21 AM
To:
Subject: RE: Another question
Section 87(3)(a) of the Freedom of Information Law has long required that an agency maintain a record indicating the manner in which each member of a body casts his or her vote in any instance in which a vote is taken. Further, it has been held that such a record must be prepared and made available even when action is taken during an executive session [Smithson v. Ilion Housing Authority, 130 AD2d 965 (1987), affirmed 72 NY2d 1034 (1988)]. In short, members of public bodies subject to the Open Meetings Law cannot vote by secret ballot, and a record must be prepared specifying how each member casts a vote.
I hope that I have been of assistance.
Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone: (518)474-2518
Fax: (518)474-1927
Website: www.dos.ny.gov/coog/index.html