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Good cause must be shown to annul decisions made at a public meeting held in technical violation of Open Meetings Law notice requirements

Good cause must be shown to annul decisions made at a public meeting held in technical violation of Open Meetings Law notice requirements
Matter of Wilson v Board of Educ. Harborfields Cent. School Dist., 2009 NY Slip Op 06561, Decided on September 15, 2009, Appellate Division, Second Department

At its June 24, 2007 meeting the Board of Education of the Harborfields Central School District voted not to extend Janet C. Wilson employment contract. Wilson sued and won a Supreme Court ruling that granted her petition and annulled the Board?s action.

Wilson contended that the Board had adopted a resolution declining to extend her contract but that such action was void because the notice required pursuant to the Open Meetings Law [see Public Officers Law §§ 104, 107[1]] had not been provided.

The Appellate Division reversed the Supreme Court?s ruling, holding that even if there had been a ?technical violation of the Open Meetings Law,? Wilson did not prove that there was ?good cause to annul the Board's action.?

Further, said the court, as Wilson did not establish bad faith on the part of the Board or prejudice to the public, the Supreme Court also erred in awarding an attorney's fee to the her pursuant to Public Officers Law § 107(2).

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06561.htm

Full post as published by New York Public Personnel Law on September 22, 2009 (boomark / email).