[HISTORY: Adopted by the Legislature of the County of Monroe
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-9-2022 by L.L. No. 4-2022]
Defined terms used in this article shall have the same meanings
as ascribed to them in Article 7 of the Public Officers Law, except
as set forth below:
A.
"County public body" shall mean the Monroe County Legislature, its
committees, and subcommittees, together with any and all administrative
boards, commissions, agencies, or entities created by or for Monroe
County which consist of two or more members and for which a quorum
is required in order to conduct public business.
B.
"Extraordinary circumstances" shall be determined by each County
public body in its written procedures. Such circumstances may include,
but are not necessarily limited to, disability, illness, caregiving
responsibilities, or any other significant or unexpected factor or
event which precludes the member's physical attendance at such
meeting.
Members of a County public body are hereby permitted to participate
in public meetings remotely by videoconference from a location not
open to the public upon the following conditions:
A.
A quorum of members of the County public body are gathered together
at a physical location or locations otherwise open to the public;
B.
The County public body has established written procedures governing
member and public attendance consistent with Public Officers Law § 103-a,
and such written procedures are conspicuously posted on the County
website;
C.
Members of the County public body are physically present at any such
meeting unless such member is unable to be physically present at any
such meeting location due to extraordinary circumstances;
D.
Except in the case of executive sessions conducted pursuant to Public
Officers Law § 105, the County public body ensures that
members of the County 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;
E.
The minutes of the meetings involving videoconferencing state which,
if any, members participated remotely and are available to the public
pursuant to Public Officers Law § 106;
F.
If videoconferencing is used to conduct a meeting, the public notice
for the meeting informs 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 identifies the physical location for the meeting where the public
can attend;
G.
The County public body provides that 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.
If videoconferencing is used to conduct a meeting, the County public
body provides 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
ensures that videoconferencing authorizes the same public participation
or testimony as in-person participation or testimony;
I.
A County public body electing to utilize videoconferencing to conduct
its meetings maintains an official website; and
The in-person participation requirements of § 165-2A and C of this article shall not apply during a state disaster emergency declared by the Governor pursuant to New York State Executive Law § 28 nor a local state of emergency proclaimed by the County Executive pursuant to New York State Executive Law § 24 if the chair of the County public body determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the County public body to hold an in-person meeting.
