[Adopted 5-19-2022 by L.L. No. 16-2022]
The Town Board hereby adopts the following as the written procedures
to be utilized at any meeting of any public body of the Town of East
Hampton which is subject to the requirements of the Open Meetings
Law of the State of New York as set forth In Public Officers Law Article
7.
As used in this legislation, the following terms shall have
the meanings set forth.
MEETING
A gathering of the members of a Board for the transaction
of official business on behalf of the Town, for which a quorum of
members must be present.
PUBLIC BODY
Any Board of the Town, including the Town Board, Planning
Board, Zoning Board of Appeals, Architectural Review Board, Home Improvement
Contractor's Licensing Review Board, and any other Board performing
a governmental function for or on behalf of the Town of East Hampton.
QUORUM
A majority of the members of a Board.
PHYSICAL PRESENCE
When the minimum number of members are present to fulfill
the public body's quorum requirement In the same physical location
or locations all of which shall be locations at which the public can
attend the meeting.
The following requirements shall be met by any Public Body of
the Town of East Hampton:
A. Members
of the public body shall be physically present at any meeting of such
public body unless such member is unable to be physically present
at any such meeting location due to extraordinary circumstances, resulting
from one or more of the following:
(2) Illness
or medical condition;
(3) Caregiving
responsibilities;
(4) Absences
due to scheduled events which cannot be rescheduled, or for which
rescheduling would result in significant economic expense to the member;
(5) Any
other significant or unexpected factor or event which precludes a
member's physical attendance at such meeting.
B. A public
body may, in Its discretion, use videoconferencing to conduct its
meetings, provided that a minimum number of members are present to
fulfill the public body's quorum requirement in the same physical
location or locations where the public can attend, and all other requirements
set forth hereafter have been met;
C. Except at
an executive session, the public body shall ensure that the 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 matter formally discussed or voted upon;
D. Minutes
of any meetings involving videoconferencing shall include which, if
any, members participated remotely and shall be available to the public
pursuant to Section 106 of the Public Officers Law;
E. If 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;
F. Each meeting
conducted using videoconferencing shall be recorded and such recordings
posted or linked on the Town's website 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;
G. If videoconferencing
is used to conduct a meeting, the public body shall provide 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 shall ensure that videoconferencing
authorizes the same public participation or testimony as in person
participation or testimony;
H. Nothing
herein is intended to prohibit or impede a public body's ability to
conduct an executive session in compliance with Section 105 of the
Public Officers Law 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 Officers Law,
nor shall anything set forth herein alter any requirements previously
established by the Town Board for meetings of other groups which are
not subject to the Open Meetings Law;
I. The in-person participation requirements of Subsection
A above shall not apply during a state disaster emergency declared by the Governor pursuant to Section 28 of the Executive Law, or a local state of emergency declared by the Supervisor pursuant to Section 24 of the Executive Law, if the public body determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting;
J. Open meetings
of any public body that are broadcast or that use videoconferencing
shall utilize technology to permit access by members of the public
with disabilities consistent with the 1990 Americans with Disabilities
Act (ADA), as amended, and corresponding guidelines. For purposes
of this provision, a disability shall have the meaning set forth In
Executive Law Section 292:
[Exec. Law 292 (21): (a) a physical, mental or medical impairment
resulting from anatomical, physiological, genetic or neurological
conditions which prevents the exercise of a normal bodily function
or Is demonstrable by medically accepted clinical or laboratory diagnostic
techniques or (b) a record of such an impairment or (c) a condition
regarded by others as such an impairment]
This article shall be effective immediately upon filing with
the Secretary of State as provided by law.