GUILDERLAND — Guilderland’s town attorney has determined that the town’s comprehensive plan update committee is not subject to the state’s Open Meetings Law, but still recommended the group “comply with the OML’s requirements to the maximum extent possible.”

At the committee’s April meeting, member Richard Brustman asked consultant Jaclyn Hakes of MJ Engineering if there were “any restrictions on our meeting.”

Brustman said at the committee’s first meeting there were questions about whether members could meet by themselves virtually. “Was this legal or not,” he asked, “was it considered an executive session?”

Hakes deferred to the town as to whether the committee was subject to the Open Meetings Law.

On May 9, town attorney James Melita offered his opinion to the committee.

In a memo to committee members, Melita said he defined a public body as a group of people who have the power to make decisions on behalf of the government. But the comprehensive plan update committee is acting as an advisory committee, which is not a special board and does not have the power to make government decisions. Rather, it’s making recommendations to the town board, which will then make the final decision.

“However, I did indicate in my memo that it’s best practice to follow Open Meetings Law,” Melita said. 

 The state’s Open Meetings Law requires that all meetings of public bodies be open to the public. 

Melita told committee members that, if they wanted to discuss matters outside of a meeting setting, they could do so by forming a subcommittee, which must have fewer than five members, less than quorum.

Another option Melita offered was for members to hold a roundtable discussion, which would be a public meeting in which the public and committee members could come to ask questions or make comments. 

Melita reiterated to committee members that the best practice would be to comply with Open Meetings Laws, because Guilderland “likes to remain transparent.”