[HISTORY: Adopted by the Board of Trustees of the Village
of New Paltz as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-8-2022 by L.L. No. 1-2022]
New York State has adopted § 103-a of the Public Officers
Law to allow local governments to choose to meet by videoconferencing.
The purpose of this article is to authorize the Village Board of Trustees
and all boards and committees of the Village of New Paltz to meet
by videoconference.
All videoconference meetings shall be governed by the procedures
set forth herein.
The Board of Trustees hereby adopts the following as the written
procedures to be utilized at any meeting of any public body of the
Village of New Paltz 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 article, 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 Village, 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 Board of Trustees,
Planning Board, Zoning Board of Appeals, and any other board or committee
performing a governmental function for or on behalf of the Village
of New Paltz.
A majority of the members of a board.
The following requirements shall be met by any public body of
the Village of New Paltz:
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 Village'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.
I.
The in-person participation requirements of § 28-5A of this article shall not apply during a state disaster emergency declared by the governor pursuant to § 28 of the Executive Law, or a local state of emergency proclaimed by the New Paltz Village Mayor pursuant to § 24 of the Executive Law, if the public body determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting.
J.
Open meetings of any 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 the purposes
of this section, "disability" shall have the meaning defined in §
292 of the Executive Law.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or part of this article
or in its application to the person, individual, firm or corporation
or circumstance directly involved in the controversy in which such
judgment or order shall be rendered.
All ordinances, local laws and parts thereof inconsistent with
this article are hereby repealed.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
