ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

November 16, 2011

Tape recording of PERB hearing not permitted

Tape recording of PERB hearing not permitted
Town of Shelter Island v. PBA, Cases U-3538; 3569

A PERB Hearing Officer ruled that a PERB improper practice charge hearing could not be taped when a newspaper and television reporters came to the hearing at the invitation of the employer. On appeal, PERB found the employer’s reliance on the State’s Open Meetings Law “misplaced” as Section 103 of the Public Officers Law exempts quasi-judicial.

In contrast, the Court in People v. Ystueta, 99 Misc 2d 1105, held that the State Comptroller’s Opinion (78 Op St Comp 457) allowing local governments to prohibit the recording of its “regular meetings” on a tape recorder is not binding on the Court, indicating that such a prohibition violates public policy and the principles underlying Section 95 of the Public Officers Law.

Exclusion of the public from collective bargaining sessions conducted pursuant to the Taylor Law, however, is permitted (Section 100, Public Officers Law).

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.