State Capitol

Albany, New York 12224

Chairman
Robert T. Williams

Members
Elizabeth C. Garvey
Steven I. Newman
J oseph J . Rabito
J ames T. Towne, J r.







Secretary
Steven M. Lowenstein

Counsel
Bradley G. Allen
STATE OF NEW YORK
FRANCHISE OVERSIGHT BOARD

August 6, 2014

Christopher Kay
President and CEO
The New York Racing Association, Inc. (NYRA)

Dear President Kay,

I write to underscore the New York Racing Association, Inc. (NYRA) Reorganization Boards
obligations under New York State Public Officers Law, in light of reports indicating several
members of the media were temporarily barred from attending todays public Board meeting for
failing to RSVP.

Article 7 of the Public Officers LawOpen Meetings Lawdoes not grant any governmental
organization the right to bar admittance to members of the public simply for failing to provide
prior notice of their intent to attend. Specifically, Public Officers Law 103(a) sets forth that every
meeting of a public body shall be open to the general public. Section 103(d) adds: Public bodies
shall make or cause to be made all reasonable efforts to ensure that meetings are held in an
appropriate facility which can adequately accommodate members of the public who wish to
attend such meetings. Section 103(d)1 further states: Any meeting of a public body that is open
to the public shall be open to being photographed, broadcast, webcast, or otherwise recorded
and/or transmitted by audio or video means. As used herein the term broadcast shall also
include the transmission of signals by cable.

Open Meetings Law is liberally construed to ensure the public has appropriate access to its
government. NYRA is not exempt from these requirements, and in fact resolved on December 12,
2012 to conduct business subject to compliance with the NYS Open Meetings Law and NYS
Freedom of Information Law.

Should you have specific questions about your obligations under Open Meetings Law, I
recommend you contact the New York State Committee on Open Government, which can be
reached at (518) 474-2518.

Regards,

Robert Williams