Freedom Of Information And Open Meetings Laws (2013)

The program will review current hot topics and trends in the Freedom of Information and Open Meetings Laws, with a focus on recent amendments and case law and on issues relating to information technology. Questions will be encouraged and answered throughout the session.

3.0 MCLE Credit Hours: 2.5 of professional practice and 0.5 of ethics and professionalism

The program speaker is Robert J. Freeman, Esq., Executive Director of the New York State Committee on Open Government. Mr. Freeman has addressed numerous government-related organizations, bar associations, and media groups and has lectured at various colleges and universities. He has also spoken on open government laws and concepts throughout the United States, as well as in Canada, the far east, Latin America and eastern Europe, and has taught the only course in an American law school on public access to government information. He is the recipient of numerous honors, including the John Peter Zenger Award from the New York News Publishers Association, and he was selected by the National Freedom of Information Coalition and the Society of Professional Journalists for their Heroes of the 50 States award and induction into The Open Government Hall of Fame.

Program Topics and Schedule

I. Ethical Basis of Open Government Laws

II. Freedom of Information Law
A. Original and Current Law
B. Definitions; What Is Covered; Creation of Records
C. Procedural Issues
D. General Rule – Access and Common Sense
E. Extraction of Data and Fees to be Charged
F. Grounds for Denial
G. Privacy of Those Identified in Government Records, such as Those Holding Gun Licenses
H. Burden of Proof
I. Attorneys' Fees

III. Open Meetings Law
A. Legislative Declaration
B. Definition of "Meeting"
C. Notice
D. Definition of "Public Body"
E. Disclosure of Records Scheduled to be Discussed in Open Meeting
F. Definition of "Executive Session"
G. Grounds for Executive Session, and Is a "Personnel Matter" an Accepted Ground?
H. Communications, especially E-mail, among Body's Members
I. Exemptions
J. Minutes
K. Enforcement, and Violation of the Open Meetings Law – What Remedies Exist?
L. Attorneys' Fees

Total Credits: 3.00 | Ethics: 0.50, Areas of Professional Practice: 2.50