[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.
MEETING
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.
PHYSICAL PRESENCE
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.
PUBLIC BODY
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.
QUORUM
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:
(1) 
Disability;
(2) 
Illness;
(3) 
Caregiving responsibilities;
(4) 
Any other significant or unexpected factor or event which precludes a member's physical attendance at such meeting.
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.