[HISTORY: Adopted by the Board of Trustees of the Village
of Bath 11-21-2022 by L.L. No. 3-2022. Amendments noted where applicable.]
The Village Board hereby adopts the following as the written
procedures to be utilized at any meeting of any public body of the
Village of Bath which is subject to the requirements of the Open Meetings
Law of the State of New York as set forth in Public Officers Law Article
7.
As used in this legislation, the following terms shall have
the meanings set forth.
A gathering of the members of a Board for the transaction
of official business on behalf of the Town, for which a quorum of
members must be present.
When the minimum number of members are present to fulfill
the public body's quorum requirement in the same physical location
or locations all of which shall be locations at which the public can
attend the meeting.
Any Board of the Village, including the Village Board, Planning
Board, Zoning Board of Appeals, Historic Preservation Board, Bath
Electric Gas, and Water Systems Board, and any other Board performing
a governmental function for or on behalf of the Village of Bath.
A majority of the members of a Board.
The following requirements shall be met by any public body of
the Village of Bath:
A.
Members of the public body shall be physically present at any meeting
of such public body unless such member is unable to be physically
present at any such meeting location due to extraordinary circumstances
due to:
B.
A public body may, in its discretion, use videoconferencing to conduct
its meetings, provided that a minimum number of members are present
to fulfill the public body's quorum requirement in the same physical
location or locations where the public can attend, and all other requirements
set forth hereafter have been met.
C.
Except at an executive session, the public body shall ensure that
the members of the public body can be heard, seen and identified,
while the meeting is being conducted, including, but not limited to,
any motions, proposals, resolutions, and any other matter formally
discussed or voted upon.
D.
Minutes of any meetings involving videoconferencing shall include
which, if any, members participated remotely and shall be available
to the public pursuant to § 106 of the Public Officers Law.
E.
If videoconferencing is used to conduct a meeting, the public notice
for the meeting shall inform the public that videoconferencing will
be used, where the public can view and/or participate in such meeting,
where required documents and records will be posted or available,
and identify the physical location for the meeting where the public
can attend.
F.
Each meeting conducted using videoconferencing shall be recorded
and such recordings posted or linked on the Town's website within
five business days following the meeting and shall remain so available
for a minimum of five years thereafter. Such recordings shall be transcribed
upon request.
G.
If videoconferencing is used to conduct a meeting, the public body
shall provide the opportunity for members of the public to view such
meeting via video and to participate in proceedings via videoconference
in real time where public comment or participation is authorized and
shall ensure that videoconferencing authorizes the same public participation
or testimony as in person participation or testimony.
H.
Nothing herein is intended to prohibit or impede a public body's
ability to conduct an executive session in compliance with § 105
of the Public Officers Law or for members to otherwise meet when not
conducting official Village business (i.e., attendance at educational
and similar events) in compliance with the provisions of the Public
Officers Law, nor shall anything set forth herein alter any requirements
previously established by the Village Board for meetings of other
groups which are not subject to the Open Meetings Law.
