[Adopted 8-4-2022 by L.L. No. 13-2022[1]]
[1]
Editor's Note: This local law also provided that it shall
expire and be deemed repealed on 7-1-2024.
It is the intent of this article to give the Town Board, Board
of Zoning and Appeals, Historic Landmarks Preservation Commission,
and all committees or subcommittees of the Town of North Hempstead
the authority to participate in meetings via videoconference in a
manner consistent with the Town Board Rules of Procedure and the authority
granted in Public Officers Law § 103-a. The Town Board of
the Town of North Hempstead shall, in their discretion, use videoconferencing
to conduct public meetings in accordance with the procedures set forth
in this section.
For the purpose of this article, the following terms shall have
the meanings indicated:
Disability, illness, caregiving responsibilities, or any
other significant or unexpected factor or event which precludes a
member of a public body from being physically present.
A meeting at which there is a mix of physically present and
virtually present members participating.
When a member or members are actually present at the physical
location for the meeting shown in the meeting's public notice.
The Town Board and any Town commission as the term is defined in § 16A-7 of the Town Code.
A majority of the whole membership of the public body.
When a member or members participate in a public meeting
virtually, using videoconferencing.
A.
The Town
Board authorizes members of a public body to participate in meetings
using videoconferencing technology in a manner consistent with Public
Officers Law § 103-a, the Town Board Rules of Procedure
and this article.
B.
Where
videoconferencing is utilized to conduct public meetings of a public
body of the Town of North Hempstead:
(1)
At
least a quorum of the public body must be physically present at all
hybrid meetings.
(2)
Member(s)
of the public body may be virtually present at a hybrid meeting, via
videoconferencing, only under extraordinary circumstances.
(3)
A
member who wishes to participate in a meeting by videoconference must
provide advance notice and justification for their absence to the
extent possible, consistent with applicable law, to the other members
of the public body.
(4)
Members
of the public shall be provided the opportunity to view such meeting
via video and to participate in proceedings via videoconference in
real time where public comment or participation is authorized. The
public body shall ensure that videoconferencing authorizes the same
public participation or testimony as in-person participation or testimony.
(5)
Except
in the case of executive sessions conducted pursuant to § 105
of the New York Public Officers Law, the public body shall ensure
its members can be heard, seen, and identified during the hybrid meeting,
including but not limited to any motions, proposals, resolutions,
and any other matter formally discussed or voted upon.
(6)
The
hybrid meeting minutes shall identify the names of the members of
the public body who participated remotely and the names of the members
who participated physically in person.
(7)
The
public notice of the hybrid meeting shall inform the public where
to view and participate in the meeting virtually, the physical location
for the meeting where the public may attend and participate and identify
where required documents and records will be posted or made available.
(8)
The in-person participation requirements of Subsection B(1) of this section shall not apply during a state disaster emergency declared by the governor pursuant to § 28 of the Executive Law of New York State, or a local state of emergency proclaimed by the County Executive of Nassau County, or the Town Supervisor pursuant to § 24 of the Executive Law of New York State, if the Town Board determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the Town Board to hold an in-person meeting.
(9)
Each
hybrid meeting conducted using videoconferencing shall be recorded
and such recordings shall be linked to or posted on the Town's website
within five business days following the meeting and shall remain so
available for a minimum of five years thereafter.
(10)
Hybrid meetings of the public body that are broadcast or that use
videoconferencing shall utilize technology to permit access by members
of the public with disabilities consistent with the 1990 Americans
with Disabilities Act (ADA),[1] as amended, and corresponding guidelines. For purposes
of this subsection, "disability" shall have the meaning defined in
§ 292 the Executive Law of New York State
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(11)
These written procedures governing videoconferencing in extraordinary
circumstances shall be conspicuously posted on the Town's website.
