[Adopted 6-6-2022 by L.L. No. 2-2022]
A.
As authorized by Public Officer's Law § 103-a, meetings
of the Town Board and all other Town of Grand Island "public bodies,"
as defined by Public Officer's Law § 102(2) (collectively
"covered boards"), may be conducted using videoconferencing to conduct
meetings, provided that all requirements of Public Officer's
Law § 103-a are met.
B.
A quorum of members of covered boards must be physically present
at all meetings where videoconferencing will be used.
C.
Covered boards shall provide an opportunity for the public to view
the meeting and participate both in person and via videoconferencing
in real time.
D.
Covered boards shall ensure its members can be heard, seen, and identified
during the meeting, especially when any matter is being formally discussed
and/or voted upon.
E.
The meeting minutes shall identify the names of the members who participated
remotely and the names of the members who participated physically
in person.
F.
The public notice of the meeting shall inform the public where to
view and participate in the meeting virtually, where to participate
and attend physically, and where records will be made available.
G.
Covered boards shall maintain their official website at https://www.grand-island.ny.us/
and recordings of each public meeting shall be posted to this website
within five business days following the meeting and shall be available
on the website for a minimum of five years following the meeting.
H.
Transcriptions of a public meeting shall be made available only upon
request.
J.
Attendance via videoconferencing shall be allowed in the following
extraordinary circumstances, which shall excuse physical attendance:
K.
Covered board members intending to attend a meeting via videoconferencing
shall, to the extent practicable, give notice to the Town Clerk advising
of their intent to do so at least 24 hours in advance of the meeting.
L.
This chapter shall apply to all public bodies, as defined by the
Open Meetings Law, and all advisory boards to which the Open Meetings
Law applies.[2] The aforementioned bodies and boards must comply with
this chapter and Public Officer's Law § 103-a. All
other purely advisory boards not subject to the Open Meetings Law,
absent resolution from the Town Board directing otherwise, may enact
such videoconferencing policies as they deem appropriate and necessary.
[2]
Editor's Note: See Public Officer's Law § 100
et seq.
M.
Although the Public Officer's Law expressly allows members of
a public body to attend and participate in meetings using videoconferencing,
Town Law § 62(2) states that Town Board meetings must take
place within the Town thereby making it unclear if a Town Board member
may participate via videoconference from a location outside the Town's
boundaries. To the extent Town Law § 62(2) could be construed
to limit the location at which the covered boards may be located in
order to participate remotely, this chapter hereby supersedes Town
Law § 62(2) to expressly allow covered board members to
participate in meetings using videoconferencing from locations that
fall outside the geographical limitations of the Town.
N.
After June 8, 2022, virtual meetings of covered boards without a
quorum of physical presence shall be held only during a state of emergency
declaration by a state, county, or local municipal governing authority,
and only where the disaster circumstances would affect the ability
to meet safely in person.
O.
Nothing herein is intended to prohibit or impede a public body's
ability to conduct an executive session in compliance with Public
Officer's Law § 105 or for members to otherwise meet
when not conducting official Town business (i.e., attendance at educational
and similar events) in compliance with the provisions of the Public
Officer's Law, nor shall anything set forth herein alter any
requirements previously established by covered boards for meetings
of other groups, boards, or committees which are not subject to the
Open Meetings Law.
