[HISTORY: Adopted by the Town Board of the Town of Geneva 6-14-2022 by L.L. No. 5-2022. Amendments noted where applicable.]
It is the intent of this chapter to give the Town Board and
the Town's other public bodies, as that term is defined in Public
Officers Law § 102, the authority to participate in meetings
via videoconference in a manner consistent with the Town's videoconferencing
policy and the authority granted in Public Officers Law § 103-a.
This chapter is adopted pursuant to Public Officers Law § 103-a
which expressly authorizes the Town Board to adopt a local law giving
the Town Board and the Town's other public bodies the authority
to participate in meetings via videoconference from locations not
accessible to the public so long as a quorum of the board/body participates
from locations where the public may be physically present and other
conditions, as may be set by resolution of the Town Board, are met.
Paragraph 2 of Section 62 of New York State Town Law requires,
in part, that "All meetings of the Town Board shall be held within
the Town." To the extent that this chapter permits members of the
Town Board to participate in meetings of the Town Board via videoconference,
this chapter shall supersede this requirement of Town Law Section
62 in that those Town Board members permitted by this chapter to participate
in meetings of the Town Board via videoconference are permitted to
so participate from locations that are not within the Town.
In extraordinary circumstances, which include, but are not limited
to, disability, illness, caregiving responsibilities, or any other
significant or unexpected factor or event that precludes physical
attendance, the Town Board of the Town of Geneva hereby authorizes
members of the Town Board and all members of the Town's other
public bodies to participate in meetings using videoconferencing technology
in a manner consistent with Public Officers Law § 103-a
and the Town's videoconferencing policy, which shall be adopted
by resolution of the Town Board and conspicuously posted on the Town
website, with such members participating in meetings via videoconference
being permitted to participate via videoconference from locations
not accessible to the public so long as a quorum of the board/body
participates from locations where the public may be physically present.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been ordered.
This chapter shall take effect immediately upon filing with
the Secretary of State.
