New York Public Personnel Law: Tape recording of PERB hearing not permitted

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).

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NYPPL Blogger 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.