[Adopted 10-11-2022 by L.L. No. 4-2022]
Members of the Town Board and other Town public bodies may,
in their discretion, use videoconferencing to conduct their meetings,
provided that a minimum number of members are present to fulfill quorum
requirements in the same physical location or locations where the
public can attend, and the following criteria are met:
A. Members
shall be physically present at any meeting unless such member is unable
to be physically present at any meeting location due to extraordinary
circumstances.
B. The list
of extraordinary circumstances is nonexhaustive, but shall include
disability, illness, caregiving responsibilities or any other significant
or unexpected factor or event which precludes the member's physical
attendance at such meeting.
C. Town Board
members shall provide notice of their inability to attend a meeting
to the Town Supervisor at least 24 hours prior to the meeting or as
soon as practicable. Members of the Town's other public bodies shall
provide notice of their inability to attend a meeting to the chairpersons
of other Town public bodies at least 24 hours prior to the meeting
or as soon as practicable.
D. The Town
Supervisor shall retain discretion over permitted extraordinary circumstances.
When the Supervisor is not available, the Deputy Supervisor shall
retain said discretion. The chairpersons of other Town public bodies
shall retain discretion over permitted extraordinary circumstances.
E. It is understood
that members permitted to attend at a location that does not allow
for in-person physical attendance by the public will not count towards
a quorum. Only members present at the physical location which allows
for in-person attendance by the public will count towards a quorum.
F. Minutes
of the meetings involving videoconferencing shall include which, if
any, members participated remotely, with those participating under
extraordinary circumstances being designated separately.
G. Any members
of the public attending a meeting must be able to hear, see and identify
any member of the Town Board and other Town public bodies who are
attending remotely while the meeting is being conducted.
H. If videoconferencing
is used to conduct a meeting, the public notice shall inform the public
where they 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.
I. Meetings
conducted using videoconferencing shall be recorded and those recordings
shall be posted or linked within five business days of the meeting
and maintained for five years thereafter. Recordings shall be transcribed
upon request.
J. In those
meetings where videoconferencing is used, the public shall be able
to view the meeting via videoconference in real time where public
participation is authorized.
K. Open meetings
using videoconferencing shall use technology to permit access by members
of the public with disabilities consistent with the 1990 Americans
with Disabilities Act.
L. The in-person
participation requirements of this article shall not apply during
a state disaster emergency declared by the Governor or a local state
of emergency as declared by the Town Supervisor if it is determined
that the circumstances necessitating the emergency declaration would
affect or impair the ability of the public body to hold an in-person
meeting.
M. These written
procedures shall be conspicuously posted on the Town's website.