Unless otherwise expressly stated, wherever used in this chapter,
the following terms shall have these meanings:
EXECUTIVE SESSION
The same meaning as that term has in New York Public Officers
Law § 105.
EXTRAORDINARY CIRCUMSTANCES
A disability, a hospitalization, an illness, caregiving responsibilities,
exposure to a serious communicable disease, the hospitalization, death
or illness of a relative or a significant or unexpected factor or
event that prevents a member of a public body from being physically
present at the location of such public body's meeting.
PUBLIC BODY
The Town Board, the Board of Appeals, the Board of Architectural
Review, the Board of Assessment Review, the Planning Board, the Recreation
Commission and the Town of Mamaroneck Housing Authority.
At its discretion, a public body may employ videoconferencing
during any meeting that is required to be open to the general public
pursuant to Article 7 of the New York Public Officers Law, even in
the absence of a declaration of emergency, provided that a quorum
of the members of a public body is present in the same physical location
where members of the public can attend such meeting and such body
complies with this chapter.
Members of the public body shall be physically present at the location of such meeting unless a member is unable to be physically present due to extraordinary circumstances. If the public body exercises its discretion under §
228-2 of the Code, a member of the public body who is not physically present at the location of such meeting due to extraordinary circumstances may participate at such meeting and vote on any matters on which the public body votes by means of videoconferencing. The extraordinary circumstance preventing that member's physical attendance shall be announced during the meeting.
If it is contemplated that videoconferencing will be used at
a meeting, the public notice for that 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 be available and identify the physical location
where the public can attend the meeting.
The videoconferencing media shall utilize technology that permits
access by members of the public with disabilities in a manner that
is consistent with the 1990 Americans with Disabilities Act, as amended,
and its corresponding guidelines and regulations.
The minutes of any meeting where videoconferencing is used shall
include which members participated remotely and shall be made available
to the members of the public pursuant to New York Public Officers
Law § 106.
The public body shall provide that each meeting where videoconferencing
is used be recorded and that such recording be posted or linked on
the public website of the Town of Mamaroneck within five business
days following the meeting. The recording shall not contain discussions
during an executive session or during recesses to obtain advice of
counsel. The recording shall remain available on the website for a
minimum of five years after the meeting was adjourned. Such recordings
shall be transcribed upon request at a cost equivalent to the rate
charged by a court reporter for transcribing the minutes of a trial
or hearing.
This Chapter is deemed to be the written procedures governing
member and public attendance required by New York Public Officers
Law § 103-a Subdivision 2(b). It shall be posted conspicuously
on the Town of Mamaroneck's website.
The requirement for physical presence by members of a public body contained in §
228-3 of the Code shall not apply during a state disaster emergency declared by the Governor pursuant to § 28 of the New York Executive Law, or a local state of emergency proclaimed by the County Executive of Westchester County or the Supervisor of the Town of Mamaroneck pursuant to § 24 of the New York Executive Law, if the public body determines that the circumstances that led to the declaration of a state disaster emergency or a local state of emergency would affect or impair the ability of the public body to conduct an in-person meeting.
This Chapter shall expire and be deemed repealed on July 1,
2024.