People v. Ystueta
| Decision Date | 05 June 1979 |
| Citation | 99 Misc.2d 1105,418 N.Y.S.2d 508 |
| Parties | PEOPLE of the State of New York v. William F. YSTUETA, Defendant. PEOPLE of the State of New York v. Gerard ARTHUS, Defendant. |
| Court | New York District Court |
Defendants are each charged in separate informations with Obstructing Governmental Administration and Criminal Trespass 3rd in violation of Sections 195.05 and 140.10 of the Penal Law, respectively. As to the charge of Obstructing Governmental Administration, it is alleged Inter alia that they acted in concert with one another, and that each "did interfere with a school board meeting by recording a session of the meeting after he was notified by school officials that he was in violation of a school board ruling which prohibits the use of a recording device(s) at meetings." As to the charge of Criminal Trespass 3rd it is alleged, Inter alia, that each refused to leave the school board meeting room of the Brentwood School Administration Building after ". . . he was so advised (to leave) because he had interfered with a meeting in progress."
Defendant Arthus is a duly elected member of the Board of Education of the Brentwood School District, and defendant Ystueta is a resident of that school district. The meeting in question was a public meeting of the Board of Education of the school district. At a previous meeting, the Board of Education had adopted a by-law which prohibited the tape recording of school board meetings.
Defendants move to dismiss the informations on the grounds that they are defective on their face, and insufficient as a matter of law, and on the further grounds that the underlying by-law prohibiting the use of tape recorders at school board meetings is unconstitutional.
Section 1709 of the Education Law grants to the Board of Education of every Union Free School District the power:
1. To adopt such by-laws and rules for its government as shall seem proper in the discharge of the duties required under the provisions of this chapter. . . .
Clearly, therefore, on the face of the statute, it would appear that the Board of Education has been granted legislative authority to adopt the by-law at issue in these cases. Furthermore, in 1978, the State Comptroller offered the opinion "that a village board of trustees can prohibit use of recording devices at the regular meetings." 78 Comptroller's Opinions 457. In coming to such conclusion, the Comptroller cited In Re Davidson v. Common Council of City of White Plains, 40 Misc.2d 1053, 244 N.Y.S.2d 385 and Matter of Arthus, N.Y. Law Journal, May 26, 1978, P. 14, a Suffolk County Supreme Court Article 78 proceeding involving the same parties as the instant case, and the same issues, albeit in a civil proceeding brought on by these defendants. In the latter case, the court recognized the authority of the Board of Education to adopt such a by-law, but declined to address itself to the question of constitutionality, leaving such question to be answered, if at all, in these proceedings.
While a school district may be bound by the opinions of the Comptroller in matters involving fiscal policy and finances, this court is not bound, nor is it compelled by Stare decisis, or otherwise, to agree with the aforesaid opinion of the Comptroller. Such opinion, while recognizing the existence of the Open Meetings Law (Public Officers Law, § 95 Et seq.), has seemingly, in this court's opinion, failed to come to grips, in a practical way, with the import of such law, or the public policy incorporated therein.
The legislature has now declared:
It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations...
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Feldman v. Town of Bethel
...plaintiff did apparently have the authority to tape record, in an unobtrusive manner, a public meeting (see, e.g., People v. Ystueta, 99 Misc.2d 1105, 418 N.Y.S.2d 508; Committee on Public Access to Records, Advisory Opinion on Open Meetings Law, No. 380, Sept. 20, 1979; No. 367, Aug. 15, 1......
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Csorny v. SHOREHAMWADING RIV.
...must recognize that its camera ban risks a "loss of public trust where it appears that government has something to hide" (People v Ystueta, 99 Misc 2d 1105, 1108 [1979]). We note that the petitioners solicited the opinion of the Executive Director of the New York Department of State Committ......
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Mitchell v. Board of Educ. of Garden City Union Free School Dist.
...basis for prohibiting the use of unobtrusive, hand-held tape recording devices at its public meetings (see, People v. Ystueta, 99 Misc.2d 1105, 418 N.Y.S.2d 508; Committee on Open Government, Advisory Opinion on Open Meetings Law, Oct. 27, 1983; 1980 Opns.Atty.Gen. 145; see also, Feldman v.......
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Organizational and Monthly Meetings of the Board of Fire Commissioners
...prohibiting use of recording devices at board meetings violates the same public policy and the Open Meetings Law. People v. Ystueta , 99 Misc.2d 1105 (N.Y.Dist.Ct. 1979). A board resolution that provides that the board of ire commissioners has the absolute decision-making authority in wheth......
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Organizational and Monthly Meetings of the Board of Fire Commissioners
...prohibiting use of recording devices at board meetings violates the same public policy and the Open Meetings Law. People v. Ystueta , 99 Misc.2d 1105 (N.Y.Dist.Ct. 1979). A board resolution that provides that the board of fire commissioners has the absolute decision-making authority in whet......
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Organizational and Monthly Meetings of the Board of Fire Commissioners
...prohibiting use of recording devices at board meetings violates the same public policy and the Open Meetings Law. People v. Ystueta , 99 Misc.2d 1105 (N.Y.Dist.Ct. 1979). A board resolution that provides that the board of fire commissioners has the absolute decision-making authority in whet......
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Organizational and Monthly Meetings of the Board of Fire Commissioners
...prohibiting use of recording devices at board meetings violates the same public policy and the Open Meetings Law. People v. Ystueta , 99 Misc.2d 1105 (N.Y.Dist.Ct. 1979). A board resolution that provides that the board of fire commissioners has the absolute decision-making authority in whet......