Sent: Monday, June 11, 2012 9:28 AM
Subject: RE:

In short, if five of the nine members of the Legislature gather to conduct
public business, and the five represent different political parties, the
gathering constitutes a "meeting" that falls within the coverage of the Open
Meetings Law. In that event, the meeting should be preceded by notice given
pursuant to section 104 of that law and conducted open to the public, except
to the extent that an executive session may properly be held in accordance
with section 105(1). Because the five represent more than one political
party, the exemption from the Open Meetings Law concerning political caucuses
would not apply.

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