Sent: Sunday, April 13, 2025 at 10:31 PM
From: "James Lamb" <JimLamb@usa.com>
To: Coog@dos.ny.gov
Subject: Request for Advisory Opinion 

The attached DOS Guidelines state a citizen can contact COOG for further assistance in reference to Public Hearings insofar as FOIL and the Open Meetings Law are concerned. This is a request for an advisory opinion with respect to the questions posed below...
 
At issue here and below is a "public hearing" to be conducted by the State University of New York at Albany Student Association (SA), which, I understand, has in past COOG opinions been declared an agency/subdivision of the state for FOIL purposes due to mandatory student activity fees being charged to students under 8 NYCRR 302.14. The hearing is to decide whether to sell the student government's Adirondack Dippikill camp property after the SA overspent its annual $2m general budget by $871,000 in 2023 and recently settled accusations of violation of state Labor Law by Dippikill employees.
 
My question to COOG is, now that I have made the request for records under FOIL in accordance with the aforementioned DOS guidance, which states records to be used in the hearing must be made available to me at least 24 hours in advance of their public hearing upon request, should they fail to comply as a matter of FOIL and the Open Meetings Law, would any action at the meeting taken be deemed invaild?
  
Also, I understand I have the right to request under the DOS Guidance to submit written testimony in advance in lieu of attending the hearing in person. See email below where I did this as well.
 
Is the SA obligated to respond to me prior to the hearing in reference to my request to submit written comments?

As I do not reside in the Capital District, I have no way of knowing if I would have to travel to Albany to attend the hearing if they do not respond, which they have a history of failing to do over these past 5 months on this matter, generally. If they must respond, is there a a time period (such as 24 hours similar to the request for records issue referenced above) by which they must respond to respect the letter and/or spirit of the Open Meetings Law? If they do not respond in a timely manner to the request to submit written comments, my position is I believe my right to participate in this open meeting would be infringed, especially if they do not make the opportunity to participate in the meeting online available.  

Am I correct in my understanding based on the DOS guidance that public notice of the public hearing must be published in a local newspaper such as the Albany Student Press or Albany Times Union so that the public may know about this public hearing meeting under the Open Meetings Law? If so, is there amount of advance notice that must be given for the meeting to be lawful similar to the Federal Sunshine Act?

Thank you.
  
Sincerely,

/s/ JAMES LAMB  
UAlbany Class of 1991