STATE OF NEW YORK ________________________________________________________________________ 9988--A IN ASSEMBLY May 1, 2024 ___________ Introduced by M. of A. OTIS -- read once and referred to the Committee on Local Governments -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, the general city law, the town law and the village law, in relation to expanding training requirements for municipalities in relation to compliance with the open meetings law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (d) of subdivision 2 of section 239-c of the 2 general municipal law, as amended by chapter 662 of the laws of 2006, is 3 amended to read as follows: 4 (d) Training and attendance requirements. (i) Each member of a county 5 planning board shall complete, at a minimum, [four] five hours of train- 6 ing each year designed to enable such members to more effectively carry 7 out their duties. Training received by a member in excess of [four] five 8 hours in any one year may be carried over by the member into succeeding 9 years in order to meet the requirements of this paragraph. Such training 10 shall be approved by the county and may include, but not be limited to, 11 training provided by a regional or county planning office or commission, 12 county planning federation, state agency, statewide municipal associ- 13 ation, college or other similar entity, provided that at least one hour 14 of such training is provided by the committee on open government or 15 another appropriate entity in relation to compliance with the open meet- 16 ings law. Training may be provided in a variety of formats, including 17 but not limited to, electronic media, video, distance learning and 18 traditional classroom training. 19 (ii) To be eligible for reappointment to such board, such member shall 20 have completed the training promoted by the county pursuant to this 21 paragraph. 22 (iii) The training required by this paragraph may be waived or modi- 23 fied by the county when, in the judgment of the governing board, it is 24 in the best interest of the county to do so provided that such county EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14078-06-4
A. 9988--A 2 1 shall provide public notice, including a justification, of their deci- 2 sion to waive or modify training requirements. 3 (iv) No decision of a county planning board shall be voided or 4 declared invalid because of a failure to comply with this paragraph. 5 § 2. Subdivision 7-a of section 27 of the general city law, as added 6 by chapter 662 of the laws of 2006, is amended to read as follows: 7 7-a. Training and attendance requirements. a. Each member of the plan- 8 ning board of a city, except a city having a population of more than one 9 million, shall complete, at a minimum, [four] five hours of training 10 each year designed to enable such members to more effectively carry out 11 their duties. Training received by a member in excess of [four] five 12 hours in any one year may be carried over by the member into succeeding 13 years in order to meet the requirements of this subdivision. Such train- 14 ing shall be approved by the legislative body and may include, but not 15 be limited to, training provided by a municipality, regional or county 16 planning office or commission, county planning federation, state agency, 17 statewide municipal association, college or other similar entity, 18 provided that at least one hour of such training is provided by the 19 committee on open government or another appropriate entity in relation 20 to compliance with the open meetings law. Training may be provided in a 21 variety of formats, including but not limited to, electronic media, 22 video, distance learning and traditional classroom training. 23 b. To be eligible for reappointment to such board, such member shall 24 have completed the training promoted by the city pursuant to this subdi- 25 vision. 26 c. The training required by this subdivision may be waived or modified 27 by resolution of the legislative body of the city when, in the judgment 28 of such legislative body, it is in the best interest of the city to do 29 so, provided that such resolution shall include a justification for the 30 city's decision to waive or modify such training requirements. 31 d. No decision of a planning board shall be voided or declared invalid 32 because of a failure to comply with this subdivision. 33 § 3. Subdivision 7-a of section 81 of the general city law, as added 34 by chapter 662 of the laws of 2006, is amended to read as follows: 35 7-a. Training and attendance requirements. (a) Each member of the 36 board of appeals in a city, except a city having a population of more 37 than one million, shall complete, at a minimum, [four] five hours of 38 training each year designed to enable such members to more effectively 39 carry out their duties. Training received by a member in excess of 40 [four] five hours in any one year may be carried over by the member into 41 succeeding years in order to meet the requirements of this subdivision. 42 Such training shall be approved by the legislative body and may include, 43 but not be limited to, training provided by a municipality, regional or 44 county planning office or commission, county planning federation, state 45 agency, statewide municipal association, college or other similar 46 entity, provided that at least one hour of such training is provided by 47 the committee on open government or another appropriate entity in 48 relation to compliance with the open meetings law. Training may be 49 provided in a variety of formats, including but not limited to, elec- 50 tronic media, video, distance learning and traditional classroom train- 51 ing. 52 (b) To be eligible for reappointment to such board, such member shall 53 have completed the training promoted by the city pursuant to this subdi- 54 vision. 55 (c) The training required by this subdivision may be waived or modi- 56 fied by resolution of the legislative body of the city when, in the
A. 9988--A 3 1 judgement of such legislative body, it is in the best interest of the 2 city to do so, provided that such resolution shall include a justifica- 3 tion for the city's decision to waive or modify such training require- 4 ments. 5 (d) No decision of a board of appeals shall be voided or declared 6 invalid because of a failure to comply with this subdivision. 7 § 4. Subdivision 7-a of section 267 of the town law, as added by chap- 8 ter 662 of the laws of 2006, is amended to read as follows: 9 7-a. Training and attendance requirements. (a) Each member of the 10 board of appeals shall complete, at a minimum, [four] five hours of 11 training each year designed to enable such members to more effectively 12 carry out their duties. Training received by a member in excess of 13 [four] five hours in any one year may be carried over by the member into 14 succeeding years in order to meet the requirements of this subdivision. 15 Such training shall be approved by the town board and may include, but 16 not be limited to, training provided by a municipality, regional or 17 county planning office or commission, county planning federation, state 18 agency, statewide municipal association, college or other similar 19 entity, provided that at least one hour of such training is provided by 20 the committee on open government or another appropriate entity in 21 relation to compliance with the open meetings law. Training may be 22 provided in a variety of formats, including but not limited to, elec- 23 tronic media, video, distance learning and traditional classroom train- 24 ing. 25 (b) To be eligible for reappointment to such board, such member shall 26 have completed the training promoted by the town pursuant to this subdi- 27 vision. 28 (c) The training required by this subdivision may be waived or modi- 29 fied by resolution of the town board when, in the judgment of the town 30 board, it is in the best interest of the town to do so, provided that 31 such resolution shall include a justification for the town's decision to 32 waive or modify such training requirements. 33 (d) No decision of a zoning board of appeals shall be voided or 34 declared invalid because of a failure to comply with this subdivision. 35 § 5. Subdivision 7-a of section 271 of the town law, as added by chap- 36 ter 662 of the laws of 2006, is amended to read as follows: 37 7-a. Training and attendance requirements. a. Each member of the plan- 38 ning board shall complete, at a minimum, [four] five hours of training 39 each year designed to enable such members to more effectively carry out 40 their duties. Training received by a member in excess of [four] five 41 hours in any one year may be carried over by the member into succeeding 42 years in order to meet the requirements of this subdivision. Such train- 43 ing shall be approved by the town board and may include, but not be 44 limited to, training provided by a municipality, regional or county 45 planning office or commission, county planning federation, state agency, 46 statewide municipal association, college or other similar entity, 47 provided that at least one hour of such training is provided by the 48 committee on open government or another appropriate entity in relation 49 to compliance with the open meetings law. Training may be provided in a 50 variety of formats, including but not limited to, electronic media, 51 video, distance learning and traditional classroom training. 52 b. To be eligible for reappointment to such board, such member shall 53 have completed the training promoted by the town pursuant to this subdi- 54 vision. 55 c. The training required by this subdivision may be waived or modified 56 by resolution of the town board when, in the judgment of the town board,
A. 9988--A 4 1 it is in the best interest of the town to do so, provided that such 2 resolution shall include a justification for the town's decision to 3 waive or modify such training requirements. 4 d. No decision of a planning board shall be voided or declared invalid 5 because of a failure to comply with this subdivision. 6 § 6. Subdivision 7-a of section 7-712 of the village law, as added by 7 chapter 662 of the laws of 2006, is amended to read as follows: 8 7-a. Training and attendance requirements. (a) Each member of the 9 board of appeals shall complete, at a minimum, [four] five hours of 10 training each year designed to enable such members to more effectively 11 carry out their duties. Training received by a member in excess of 12 [four] five hours in any one year may be carried over by the member into 13 succeeding years in order to meet the requirements of this subdivision. 14 Such training shall be approved by the board of trustees and may 15 include, but not be limited to, training provided by a municipality, 16 regional or county planning office or commission, county planning feder- 17 ation, state agency, statewide municipal association, college or other 18 similar entity, provided that at least one hour of such training is 19 provided by the committee on open government or another appropriate 20 entity in relation to compliance with the open meetings law. Training 21 may be provided in a variety of formats, including but not limited to, 22 electronic media, video, distance learning and traditional classroom 23 training. 24 (b) To be eligible for reappointment to such board, such member shall 25 have completed the training promoted by the village pursuant to this 26 subdivision. 27 (c) The training required by this subdivision may be waived or modi- 28 fied by resolution of the board of trustees when, in the judgment of the 29 board of trustees, it is in the best interest of the village to do so, 30 provided that such resolution shall include a justification for the 31 village's decision to waive or modify such training requirements. 32 (d) No decision of a board of appeals shall be voided or declared 33 invalid because of a failure to comply with this subdivision. 34 § 7. Subdivision 7-a of section 7-718 of the village law, as added by 35 chapter 662 of the laws of 2006, is amended to read as follows: 36 7-a. Training and attendance requirements. a. Each member of the plan- 37 ning board shall complete, at a minimum, [four] five hours of training 38 each year designed to enable such members to more effectively carry out 39 their duties. Training received by a member in excess of [four] five 40 hours in any one year may be carried over by the member into succeeding 41 years in order to meet the requirements of this subdivision. Such train- 42 ing shall be approved by the board of trustees and may include, but not 43 be limited to, training provided by a municipality, regional or county 44 planning office or commission, county planning federation, state agency, 45 statewide municipal association, college or other similar entity, 46 provided that at least one hour of such training is provided by the 47 committee on open government or another appropriate entity in relation 48 to compliance with the open meetings law. Training may be provided in a 49 variety of formats, including but not limited to, electronic media, 50 video, distance learning and traditional classroom training. 51 b. To be eligible for reappointment to such board, such member shall 52 have completed the training promoted by the village pursuant to this 53 subdivision. 54 c. The training required by this subdivision may be waived or modified 55 by resolution of the board of trustees when, in the judgment of the 56 board of trustees, it is in the best interest of the village to do so,
A. 9988--A 5 1 provided that such resolution shall include a justification for the 2 village's decision to waive or modify such training requirements. 3 d. No decision of a planning board shall be voided or declared invalid 4 because of a failure to comply with this subdivision. 5 § 8. This act shall take effect on the first of January next succeed- 6 ing the date on which it shall have become a law.