Early on in this public health emergency, the Governor suspended and modified certain provisions of the Open Meetings Law to permit meetings to be conducted remotely.  The provisions of the Executive Order making those suspensions and modifications was later extended through May 7, 2020.

The Governor was expected to further extend these provisions, but as of the close of business on May 7, 2020, they were not extended.  But, late last night–on May 7, 2020–the Governor issued Executive Order 202.28.  The order provides among other things that the “suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14,” are continued for thirty days until June 6, 2020.

The Open Meetings Law provisions were initially suspended and modified by Executive Order 202.1, and initially extended by Executive Order 202.14.

There were numerous other provisions of law that were suspended and modified by Executive Order, and some of those provisions have also been extended by Executive Order 202.28.  I should also note that Executive Order 202.28 includes some exceptions and further suspensions and modifications, and one should not assume that it applies without reviewing the language for your particular concern.

If you would like to schedule a consultation to discuss the Open Meetings Law or other municipal legal matters, please contact Peter J. Weishaar, Esq.  at pweishaar@mccmlaw.com or 585.512.3542.  Peter’s municipal practice includes the ongoing representation of planning and zoning boards, as well as the representation of fire districts and other municipalities on an ongoing basis and as special counsel in litigation matters.

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.