[HISTORY: Adopted by the Board of Trustees of the Village of Red Hook as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-10-2023 by Res. No. 7-2023]
A. 
By passing Chapter 56 of the Laws of 2022 ("Chapter 56"), the New York State Legislature amended § 103 of the Open Meetings Law.
B. 
Chapter 56 adds § 103-a to the Open Meetings Law, permitting the Board of Trustees to authorize its members to attend meetings by videoconferencing under extraordinary circumstances.
C. 
Section 103-a(2)(a) requires the Board of Trustees to adopt a resolution following a public hearing authorizing the limited use of videoconferencing under such circumstances.
D. 
Section 103-a(2) allows for hybrid meetings by requiring "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."
E. 
Section 103-a(2)(c) requires that members be physically present at any such meeting "unless such member is unable to be physically present at any such meeting location due to extraordinary circumstances . . . including disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting."
F. 
In accordance with § 103-a(2)(d), any members attending by video conference must, except during executive session, 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."
G. 
Section 103-a(2)(g) requires that any meeting where a member attends by video conference be recorded, posted to the Board of Trustees web page within five business days, and transcribed upon request.
H. 
Section 103-a(2)(h) requires that members of the public be permitted to attend and participate, if authorized, in any meeting by video conference when a member attends by video conference.
A. 
The Board of Trustees authorizes its members who experience an extraordinary circumstance, as described above and further defined by any rules or written procedures later adopted, to attend meetings by video conference:
(1) 
As long as a quorum of the members attend in person at one or more locations open to the public;
(2) 
As long as the member can be seen, heard, and identified while the open portion of the meeting is being conducted; and
(3) 
As otherwise permitted under Chapter 56 of the Laws of 2022.[1]
[1]
Editor's Note: See New York State Public Officers Law, Art. 7, Open Meetings Law, §§ 103 and 103-a.
B. 
The Board of Trustees shall create written procedures further governing its use of videoconferencing by its members in compliance with Chapter 56 of the Laws of 2022.[2]
[2]
Editor's Note: See New York State Public Officers Law, Art. 7, Open Meetings Law, §§ 103 and 103-a.
The Board of Trustees hereby adopts the Model Procedures for Member Videoconferencing, a copy of which is annexed hereto.[1]
[1]
Editor's Note: Said procedures are included as an attachment to this chapter.