Village of Massena, NY Chapter 55 Open Meetings

[HISTORY: Adopted by the Board of Trustees of the Village of Massena as indicated in article histories. Amendments noted where applicable.]

Article I Videoconferencing

[Adopted 7-19-2022 by L.L. No. 5-2022]

§ 55-1 Legislative intent.

The Village of Massena desires to adopt legislation which authorizes the use of videoconferencing to conduct open meetings and establishes written procedures to hold open meetings pursuant to the Open Meetings Law, Article 7 of the Public Officers Law.

§ 55-2 Procedures.

The Village of Massena ("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 body's 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 Board of Trustees meetings.

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. A quorum of members of the Board of Trustees must be physically present at the meeting location at which the public can attend in person unless the member is unable to 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 Board can be heard and seen, and are identifiable, while meetings are being formally 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 the public can view and/or participate in such meetings; and

(c) Where required documents and records will be posted or available.

(2) Identify the physical location(s) where members of the Board will be participating in the meeting and where the public can attend the meeting in person.

G. The Village shall record each meeting that uses videoconferencing, and such recordings must be posted on or linked to the Village's website within five days of the meeting. The recordings will remain on the Village's website for five years.

H. The Village must provide the public the opportunity 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. The Village must ensure that the videoconferencing provides the same opportunities for public participation or testimony as in-person participation or testimony.