kitchen table math, the sequel: Can I Record School Board Meetings in New York State?

Thursday, September 20, 2007

Can I Record School Board Meetings in New York State?

yep, it's legal.


I'd like to express my gratitude at the opportunity to post here on KTM - as a long-time reader of this site, I'm honored.

So, let's get down to business and address a question that pops up so often that I've decided to cross-post the answer on my own site.

Can an interested party record a school board or school committee meeting in New York State? [NJ and PA are touched upon as well.]

The short answer: Absolutely, provided that the recording process and its devices don't disrupt the proceedings.

Remember, a public meeting constitutes quorum gathering to discuss issues. This means that you're free to record regular school board meetings, budget hearings, committee meetings, etc. - any time there's quorum/over half the official body in attendance with the intent to conduct public business, go ahead.

But school boards aren't always into public records and accountability. When your New York State school district denies that you're allowed to tape a meeting, cite the following precedents:

Then there's Csorny, et al. v. Shoreham-Wading River Central School District, et al. (Index No. 31583/00) which not only upholds the above rulings, but cites supporting precedent in both Pennsylvania and New Jersey:
The overwhelming weight of authority from other states likewise supports our holding herein. In Hain v Board of Directors of Reading School Dist. (163 Pa Commw 479, 641 A2d 661), the Commonwealth Court of Pennsylvania struck a school board rule prohibiting the videotape recording of public meetings as violative of Pennsylvania's Sunshine Act. In Maurice River Tp. Bd. of Educ. v Maurice River Tp. Teachers Assn. (193 NJ Super 488, 475 A2d 59, affg 455 A2d 563), the New Jersey Superior Court, Appellate Division, similarly held that a school board could not enact a blanket prohibition against videotaping of public meetings, as such a rule violated New Jersey's Open Public Meetings Act (NJSA 10:4-6 et seq; see also Sudol v Borough of North Arlington, 137 NJ Super 149, 348 A2d 216 [NJ Super]).

There ya go, kids. Record at will.

And when the Board members freak out, hand them a sheet of paper citing these precedents and make it very clear that their ignorance of the law in no way supersedes either statute or precedent.

2 comments:

SteveH said...

Good work, Matthew!

I think they would be happy that you set such a good example for the students. You do your homework and come prepared.

If they try to throw you out, you can videotape them.

Tex said...

And, remember these words: “DON'T TASE ME, BRO!”