OML-AO-05460

Good morning - -

As you described the Comprehensive Plan Committee, it is unclear whether the Open Meetings Law (OML) applies.

In most instances, advisory bodies, based on judicial precedent, are not subject to the OML. However, we have consistently advised, and judicial precedent has confirmed, that entities that are creations of law are required to comply with the OML.

In this instance, the issue is whether the Committee in question is a "special board" as that term is used and defined in §7-722 of the Village Law. Section 7-722 is entitled "Village comprehensive plan" and describes the process for the development and adoption of such a plan. An element of the process involves the designation of a "special board", and that phrase is defined to mean:

"a board consisting of one or members of planning board and such other members as are appointed by the village board of trustees to prepare a proposed comprehensive plan and/or an amendment thereto."

If the Comprehensive Plan Committee is a special board, it would be a creation of law, and I believe that it would fall within the coverage of the OML. If it is not, if its members were appointed by the Mayor, without the consent or approval of the Board of Trustees, and if its functions are purely advisory, the OML, in my opinion, would not apply.

I hope that I have been of assistance. If there are additional questions, or if you would like to discuss the matter, I can be reached at 518 474-2518.