[HISTORY: Adopted by the Board of Trustees of the Village
of Ossining 7-6-2022 by L.L. No. 4-2022. Amendments noted where applicable.]
A.
Beginning in March 2020, former Governor Cuomo and Governor Hochul
have issued executive orders suspending certain provisions of state
law, including the Open Meetings Law (Public Officers Law Article
7). During this period, the public bodies of the Village of Ossining,
including the Board of Trustees, Planning Board, Board of Architectural
Review, Zoning Board of Appeals and Historic Preservation Commission,
conducted their meetings remotely.
B.
On April 9, 2022, Governor Hochul signed into law Chapter 56 of the
Laws of 2022, which included in Part WW an amendment to the Open Meetings
Law allowing for the expanded use of videoconferencing by public bodies
to conduct open meetings under extraordinary circumstances regardless
of a declaration of a state or local emergency.
C.
Open Meetings Law § 103-a, effective April 9, 2022, requires
the governing board of a county, city, town or village to adopt a
local law authorizing the use of videoconferencing for itself and
its committees and subcommittees and to establish written procedures
"governing member and public attendance consistent" with § 103-a.
D.
The Board of Trustees of the Village of Ossining believes that providing
the opportunity to conduct open meetings of the Village's public bodies
via videoconferencing under extraordinary circumstances is appropriate
and hereby adopts § 103-a for all Village public bodies
as more fully set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any entity for which a quorum is required in order to conduct
public business, and which consists of two or more members, performing
a governmental function for the state or an agency or department thereof,
or for a public corporation as defined in § 66 of the General
Construction Law, or committee or subcommittee or other similar body
of such public body.
Includes a municipal corporation such as a village, town,
city and school district.
Videoconferencing is authorized for all public bodies within
the Village of Ossining pursuant to the following requirements:
A.
Except as stated in Subsection C, a minimum number of members of the public body are present to fulfill the public body's quorum requirement in the same physical location or locations where the public can attend.
[Amended 8-2-2023 by L.L. No. 10-2023]
B.
Written procedures governing member and public attendance shall be
established by the public body, and such procedures shall be conspicuously
posted on the public body's website.
C.
Members of the public body shall be physically present at such meetings
unless the member is unable to be physically present due to extraordinary
circumstances, which shall include disability, illness, caregiving
responsibilities or any other significant or unexpected factor or
event which precludes the member's attendance at such meeting. Notwithstanding
the in-person quorum requirements set forth in this section, the public
body may determine through its written procedures governing member
and public attendance established pursuant to and consistent with
this section, to allow for any member who has a disability as defined
in § 292 of the New York Executive Law, where such disability
renders such member unable to participate in-person at any such meeting
location where the public can attend, to be considered present for
the purposes of fulfilling the quorum requirements for such public
body at any meetings conducted through videoconferencing pursuant
to this section; provided, however, that the remaining criteria set
forth in this section are otherwise met; and, provided further, that
the public body maintains at least one physical location where the
public can attend such meeting.
[Amended 8-2-2023 by L.L. No. 10-2023]
D.
Except in the case of executive sessions conducted pursuant to § 105
of the Open Meetings Law,[1] the public body shall ensure that 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 matters formally discussed or voted upon.
[1]
Editor's Note: See Article 7 of the Public Officers Law.
E.
Minutes of meetings involving videoconferencing shall include which,
if any, members participated remotely and shall be available to the
public within two weeks of the date of the meeting.
F.
Where 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.
G.
Each meeting conducted using videoconferencing shall be recorded
and such recordings posted or linked on the public website of the
public body 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.
H.
Where videoconferencing is used to conduct a meeting, the public
body shall provide the opportunity for members of the public, including
applicants before the public body, to view the meeting via video and
to participate in proceedings via videoconferencing 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.
The in-person participation requirements in § 57-3 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 Village Manager or his/her designee pursuant to § 24 of the Executive Law, if the public body determines that circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting.
The Board of Trustees continues to authorize the use of platforms
to broadcast meetings of public bodies remotely, affording the public
an opportunity to watch, listen and/or participate. Notices for the
public meetings shall indicate how the meetings can be viewed remotely.
[Amended 8-2-2023 by L.L. No. 10-2023]
This chapter and any amendments shall take effect upon filing
with the Secretary of State and shall expire and be deemed repealed
July 1, 2024.
