[Adopted 5-14-2022 by L.L. No. 3-2022]
The Village of Ocean Beach desires to adopt a local law which
authorizes the use of videoconferencing to conduct its open public
meetings and establishes written procedures to hold open public meetings,
pursuant to the Open Public Meetings Law, Article 7 of the Public
Officers Law (§ 100-111), specifically § 103-a.
The Village of Ocean Bench ("Village") hereby authorizes the
use of videoconferencing to conduct its meetings pursuant to this
article, provided that a minimum number of members are present to
fulfill the public bodies' quorum requirements in the same physical
location or locations where the public can attend and the following
criteria are met:
A. The Village
hereby authorizes the use of videoconferencing:
(1) For
all Village boards and any committees or subcommittees.
B. This article
shall constitute the written procedures governing member and public
attendance consistent with Public Officers Law § 103-a,
and these procedures shall be conspicuously posted on the Village's
website.
C. Members
of the boards or committees must be physically present at one of the
meeting locations at which the public can attend in person, unless
the member is unable to be physically present due to extraordinary
circumstances, which include disability, illness, caregiving responsibilities,
or an unexpected factor or event which precludes the member's physical
attendance at such meetings.
D. Except in
the case of executive sessions conducted pursuant to Public Officers
Law § 105, the Village shall ensure that members of the
boards and committees can be heard, seen, and identified while the
meeting(s) are formally being conducted, including but not limited
to any motions, proposals, resolutions, and any other matter formally
discussed or voted upon.
E. Minutes
of meetings performed by videoconferencing must include which, if
any, members participated remotely and must be made available to the
public pursuant to Public Officers Law § 106.
F. The public
notice for the meeting must:
(1) Inform
the public:
(a) That
videoconferencing will be used.
(b) Where
they can view and/or participate in such meetings.
(c) Where
required documents and records will be posted or available.
(2) Identify
the physical location(s) where members of the boards or committees
will be participating in the meeting and where the public can attend
the meeting in person.
G. The Village
shall maintain an official website. Further, the Village shall record
each meeting that uses videoconferencing, and such recordings must
be posted or linked to on the Village's website within five days of
the meeting. The recordings will remain on the Village's website for
five years, and the recordings will be transcribed upon request.
H. The Village
must provide the public the opportunity for members of the public
to view the meeting via video. At meetings where public comment or
participation is authorized, members of the public must be able to
participate in the proceedings via videoconference in real time.
If the Village conducts meetings via videoconferencing, it must
use technology that permits members of the public with disabilities
to access the video in a manner consistent with the Americans with
Disabilities Act (ADA).