Town of Horseheads, NY Chapter 29 Meetings

[HISTORY: Adopted by the Town Board of the Town of Horseheads as indicated in article histories. Amendments noted where applicable.]

Article I Open Meetings

[Adopted 1-12-1977]

§ 29-1 Legislative intent.

The purpose of this article is to provide notice to the public and the news media of the regular and special meetings of the Town Board at which public business is officially transacted, in compliance with the Open Meetings Law (Public Officers Law Article 7). Such notice is designed to facilitate public attendance at such meetings to observe and listen to the deliberations and decisions of this Board.

§ 29-2 Definitions and word usage.

A. The terms, words and phrases used in this article shall have the same meanings as such terms, words and phrases are defined in § 102 of the Public Officers Law.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. As used in this article, the following terms shall have the meanings indicated:

NEWS MEDIA

A newspaper that is printed not less frequently than once a week in which legal notices may be published, or a radio or television station that regularly broadcasts news.

NOTICE

Written or oral information relating to the date, time and place where a meeting is to be held.

C.

§ 29-3 Designation of locations for posting of notices.

The following locations are hereby designated as the sites where notice of all meetings held by the Town Board shall be posted:

A. Town Clerk's bulletin board.

B. Village Hall, Horseheads, New York.

C. Village Hall, Elmira Heights, New York.

§ 29-4 Designation of news media to receive notice. [1]

Any and all officially designated newspapers of general circulation within the Town of Horseheads and officially designated television or radio stations are hereby designated as the news media that shall receive notice of the meetings of the Town Board.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 29-5 Designation and duty of Town Clerk to provide notice.

The Town Clerk shall be responsible for providing notice to the public and the news media as provided in this article.

§ 29-6 Notice of meetings scheduled at least one week in advance.

A. The public shall be informed of meetings scheduled at least one (1) week in advance by the posting of a notice at least seventy-two (72) hours in advance of such meetings in locations designated in § 29-3 herein.

B. The newspapers or radio or television station designated in § 29-4 herein shall be informed of a meeting scheduled at least one (1) week in advance at least seventy-two (72) hours in advance of such meeting by mail or by telephone or personal delivery of the notice to an officer or employee of the news media as follows:

(1) Notice provided by mail to the news media shall be sent by certified return, receipt mail at least one (1) week in advance of such meetings to ensure that notice will be provided to the news media at least seventy-two (72) hours in advance of a meeting.

(2) When notice to the news media is personally delivered, the person delivering the notice shall obtain a receipt signed by an officer or employee of the news media, which receipt shall also show the time and date thereof and the title of such officer or employee and shall state that notice has been provided in compliance with § 104 of the Public Officers Law.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(3) When notice to the news media is given by telephone, the person making such telephone call shall obtain the name and title of the officer or employee to whom the notice is given and shall write down such information and the time and date of such call as provided herein.

§ 29-7 Notice of meetings scheduled less than a week in advance.

A. The public shall be informed of meetings scheduled less than a week in advance as soon as practicable by the posting of notices in locations designated by § 29-3 herein.

B. Notice to the news media shall be delivered personally or by telephone in accordance with the requirements set forth in § 29-6B(2) or (3) herein, respectively.

§ 29-8 Notice of regularly scheduled meetings.

A. When the Town Board schedules meetings in advance that are to be held at specific times and locations and on specific dates, a single notice may be provided to the public and the news media.

B. Notice specifying the time, location and dates of regularly scheduled meetings shall be posted in locations designated in § 29-3 herein.

C. Notice specifying the time, location and dates of regularly scheduled meetings shall be provided to the news media designated in § 29-4 herein. Such notice shall be provided in accordance with the requirements set forth in § 29-6B(1) or (2) of this article.

§ 29-9 Notice of changes in the time, date or location of scheduled meetings.

When the time, date or location of a scheduled meeting is changed, the Town Clerk shall, as soon as practicable:

A. Post notices showing the change in date, time or location of a meeting at the sites designated by § 29-3 herein.

B. Provide notice to the news media designated to receive notice by § 29-4 herein as provided in § 29-6 or 29-7, as the case may be, of this article.

§ 29-10 Record of notice.

The Town Clerk shall keep a log or other record in which there shall be entered the following information relating to the giving of public notice under this article:

A. The date of posting of the public notice, the date or descriptive schedule of the meeting or meetings for which notice was given and the name and title of the person who posted the notice.

B. If notice is given to the news media by mail, the date of mailing of the same, the date or descriptive schedule of the meeting or meetings for which the notice has been mailed and the name and title of the person who mailed such notice.

C. If notice to the news media is given by personal delivery, the time and date of delivery of the same, the date of descriptive schedule of the meeting or meetings of which the notice was delivered and the name and title of the person who delivered the notice.

D. If notice to the news media is given by telephone, the time and date of such telephone call, the date or descriptive schedule of the meeting or meetings for which such notice is given, the name and title of the officer or employee to whom it was given and the name and title of the person who gave such notice.

Article II Videoconferencing

[Adopted 4-26-2023 by L.L. No. 1-2023]

§ 29-11 Legislative intent.

It is the intent of this article to authorize the use videoconferencing to conduct public meetings, in accordance with Public Officers Law § 103-a.

§ 29-12 Authority.

This article is adopted pursuant to Public Officers Law § 103-a, which expressly authorizes towns to authorize the use of videoconferencing in the conduct of public meetings.

§ 29-13 Authorization to use videoconferencing; procedures.

A. Authorization. Town Board, Planning Board, Zoning Board, and all other Town subboards, committees and subcommittees are hereby authorized to use videoconferencing to conduct their public meetings.

B. Written procedures for member and public attendance. The Town Board shall establish written procedures governing member and public attendance, which procedures shall be posted on the Town website. All members of the public body shall be physically present at meetings unless such member is unable to be physically present due to extraordinary circumstances, which shall include, but not be limited to, disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting.