The Partial Observer by Christina Bourgeois and Hudi Podolsky

LWV Observer Corps: Helping To Let the ‘Sun’ Shine on Democracy

The mission of the League of Women Voters is “defending democracy and empowering voters.” One crucial way we accomplish that mission is through our Observer Corps. Observers are LWV members who attend the meetings of area towns, villages, school boards and other municipal agencies. Observers do not participate in the meetings; rather they observe how well, if at all, the agency complies with New York State’s Open Meeting Law. This law (also known as the “Sunshine” Law) outlines in detail actions that may be taken by a public body and how the public should be informed. For example:

• The law requires that notice of the time and place of all meetings be given prior to every meeting.

• The law sets requirements regarding how and why an “executive” or closed session may be called.

• The law notes that minutes of open meetings must be made available within two weeks of the meeting; minutes of executive sessions must be made available within one week of the executive session. Minutes that have not been approved should be marked “draft” or “unapproved.”

The League understands that board meetings are working meetings of elected representatives, not (except in the case of a public hearing) an opportunity for citizens to speak directly to their representatives. However, Observers do note whether there is a specific time set aside for public comment.

The League strives to have Observers come to all meetings of local government entities; the primary constraint is the number of available volunteers. All Observers use the same brief checklist of items to confirm compliance with the Open Meeting Law and general observations on how the meeting is conducted:

• Is business handled efficiently?

• Are members polite to the public and to each other?

• Have board members come prepared to conduct business?

• Does the leader of the meeting manage the meeting?

• Finally, the Observers note any items that relate to a League’s position; for example, recycling, natural resources or voting rights.

If an observer identifies an issue, the chair of the Observer Corps reviews it and contacts the board in question in writing. Observers in the past have noted a variety of items, including: board members not being clearly identified by nameplates (or not at all); an overuse of acronyms; members of the public not being able to hear the board members; minutes of the meeting are not posted in a timely manner (two weeks after the meeting); and agendas are not made available 24 hours before the meeting.

These issues impact all citizens. If people cannot hear, if they do not know what will be on the agenda, if they don’t have access to minutes, if they cannot tell who is speaking, the meeting is not “open.” For the most part, the League has found that our local governmental agencies are welcoming and open to their constituents.

The League of Women Voters is grateful to those in our community who serve on these boards. These board members are also “Democracy Defenders” by sharing their time and talents with their fellow citizens. The LWV strives to empower voters by ensuring that governments respond to citizens’ needs.

Christina Bourgeois and Hudi Podolsky are co-presidents of the League of Women Voters of the Cooperstown Area.