It is the intent of this chapter to authorize all public bodies
of the Village of Rockville Centre to conduct meetings consistent
with the videoconferencing provisions of Public Officers Law § 103-a,
the provisions of this chapter, and the videoconferencing polices
adopted by the Village Board of Trustees.
This local law is adopted pursuant to Public Officers Law § 103-a,
which expressly authorizes the Board of Trustees to adopt local legislation
authorizing the use of videoconferencing.
As used in this chapter, the following terms shall have the
meaning indicated:
MINUTES
The minutes of a meeting as defined in Public Officers Law
Article 7.
PRESENT AT A MEETING
Physically present at a meeting location or present by videoconference,
except where otherwise provided in this chapter.
PUBLIC BODY
Any public body of the Village of Rockville Centre, as defined
in Public Officers Law Article 7.
PUBLIC MEETING
Any meeting of a public body which is required to be open
to the public pursuant to the Open Meetings Law, but not including
any portion of such meeting from which the public may be excluded
as permitted by law.
VIDEOCONFERENCING
A means of conducting a meeting of a public body, as authorized
by Public Officers Law Article 7.
All public bodies of the Village of Rockville Centre are authorized
to use videoconferencing when conducting meetings of such public bodies,
subject to the following:
A. A quorum
of the members of the public body must be physically present at the
meeting in one or more physical locations at which members of the
public are permitted to attend the meeting. Members of the public
body who are not present at a physical location at which members of
the public are permitted to attend shall not be included in determining
whether there is a quorum of the body present but may participate
and vote if a quorum of members are physically present at one or more
locations open to public attendance.
B. In order
to participate in and vote at a videoconference meeting, members of
the public body must be physically present at one or more of the meeting
location(s) at which the public is permitted to attend in person,
except that a member of the public body may attend, participate and
vote without being physically present where such member is unable
to be physically present due to extraordinary circumstances. Any member
participating in a meeting of a public body without being physically
present shall not be included in any quorum of the public body unless
expressly otherwise provided by law.
(1) "Extraordinary
circumstances," as used in this chapter, shall mean and include any
disability or illness, caregiving responsibilities, or any significant
or unexpected factor or event that precludes a member of the public
body from being physically present at such meeting.
(2) The
existence of extraordinary circumstances in any instance shall be
approved by the presiding officer of the public body and only after
a written request from the member claiming such circumstances. No
such written request shall be approved unless received by the presiding
officer and the clerk of the public body by mail, personal delivery,
or electronic mail at least 72 hours prior to the scheduled time for
the meeting. The approval of any such request shall be given no later
than 12 hours prior to the scheduled time for the meeting and shall
be given to the member requesting such approval and the other members
of the public body by personal delivery or electronic mail as expeditiously
as feasible under the circumstances.
(a) Notwithstanding
the provisions of this section, where a written request to approve
an extraordinary circumstance demonstrates that the extraordinary
circumstance claimed by any member of a public body first arose or
the member of the public body first became aware of such circumstance
no more than 72 hours prior to the scheduled time for the meeting,
the presiding officer of such body may grant a written approval for
such member to attend and participate. Copies of such written request
and approval shall be filed with the clerk of the body and the details
announced at the meeting.
C. Except in
the case of executive sessions conducted pursuant to Public Officers
Law § 105, or as otherwise expressly provided by law, members
of the public body present and participating at a meeting by videoconference
must be able to be heard, seen, and identified at all times while
such member is present, including but not limited to any motions,
proposals, resolutions, and any other matter discussed or voted upon.
Except in the case where excused by the presiding officer for good
cause, each member of the body participating in person at a meeting
or portion of a meeting open to public attendance shall be identified
by use of placards physically placed in front of such member and reasonably
visible to the public, and each member of the body participating by
video conference from a location not open to the public shall be identified
by such member's full first and last name appearing on their videoconferencing
screen.
D. The minutes
of meetings conducted in whole or in part by videoconferencing shall
include which, if any, members of the public body participated using
videoconferencing technologies.
E. Any public
meeting at which videoconferencing is used shall be recorded, and
such recordings shall be posted to or linked on the Village website
within five business days after the close of the meeting and remain
so posted to or linked on the website for a minimum of five years
thereafter. Transcriptions of any such recordings shall be available
upon request pursuant to the Freedom of Information Law, and any person
requesting such transcription shall be responsible to pay or reimburse
the Village for copies of such transcriptions, as permitted by the
Freedom of Information Law.
F. The public
notice for any meeting at which videoconferencing will be used for
attendance and participation of one or more members of the public
body shall be given as provided in the Open Meetings Law and shall
include the following information in addition to any other information
required by law:
(1) A statement
that videoconferencing will be used.
(2) The
physical locations where any member of the public body will be physically
present or attending by videoconferencing and where the public is
permitted to attend in person, but not including any location at which
a member of the public body is attending under extraordinary circumstances.
(3) Any
other locations, including electronic link information, where members
of the public may attend in person, or view and/or participate in
such meeting via videoconference.
(4) The
date and time and location (physical or electronic) at which documents
and records for the meeting will be posted or available, as required
by law.
G. Except with
respect to portions of any meeting from which the public may be excluded,
members of the public shall be permitted to view the video broadcast
of any meeting using videoconferencing simultaneously when the meeting
is conducted. This provision shall not be construed to require video
broadcasting of any meeting where not required by law.
H. At any meeting
or portion of a meeting at which public comment or participation is
authorized or required by law, members of the public shall be able
to participate in the proceedings using videoconferencing technologies
in real time and with the same opportunities for public participation
or testimony as in-person participation or testimony.
Each public body may conduct meetings entirely by videoconference,
with no in-person requirement, provided that:
A. A state
of emergency has been declared by the Governor of the State of New
York pursuant to Executive Law § 28; or
B. A local
state of emergency has been declared by the Chief Executive Officer
of the Village pursuant to Executive Law § 24, and the presiding
officer of 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
C. Whenever
a public body invokes the emergency exception as defined in this section
and takes action at such meeting without allowing members of the public
to be physically present, at the next succeeding meeting of the public
body at which the public is permitted to attend, the public body shall
acknowledge the previous such emergency meeting(s) and summarize any
action(s) taken thereat. Minutes of each emergency meeting shall be
made available pursuant to the requirements of Public Officers Law
§ 106.
Each public body, acting by resolution at a duly convened public
meeting, may adopt additional rules and regulations for the conduct
of its meetings; provided, however, that no such rule or regulation
shall be inconsistent with any law applicable to such public body,
this chapter, or any local law, rule, regulation or resolution adopted
by the Village Board of Trustees. Nothing in this section shall be
construed to limit the authority of the Board of Trustees to adopt
any local law, rule, regulation or resolution applicable to the meetings
of the Board of Trustees or any other public body of the Village.