[HISTORY: Adopted by Tompkins County as indicated in article
histories. Amendments noted where applicable.]
[Adopted by the County Legislature 3-5-2019 by Ord. No. 2019-1]
A. This is an article law allowing the County to continue holding virtual
public meetings. On April 9, 2022, Governor Hochul signed an amendment
to the Open Meetings Law to allow (until July 1, 2024) the expanded use of videoconferencing
by public bodies in the conduct of open meetings, under extraordinary
circumstance, regardless of a declaration of emergency. In order to
continue meeting virtually, a county must pass a local law to opt
in.
B. Pursuant to the amendment to the Open Meetings Law, beginning on
June 9, 2022, the Tompkins County Legislature ("Legislature") and
other public bodies of the County ("OPBC") subject to the Open Meetings
Law may continue holding hybrid public meetings, permitting members
of the Legislature, OPBC and the public to appear virtually, under
the following circumstances:
(1) All meetings shall be conducted by videoconferencing, not audio only,
such that members of the Legislature and OPBC can be heard, seen,
and identified.
(2) The Legislature and OPBC must meet in person at a physical location
open to the public with a minimum number of members present to fulfill
the Legislature's and OPBC quorum requirement.
(3) Members of the Legislature and OPBC may attend meetings virtually
due to extraordinary circumstances; however, those members attending
virtually may not count towards a quorum but may participate and vote.
A quorum shall only be met by in-person member attendance.
(4) "Extraordinary circumstances" shall be defined as: disability, illness,
caregiving responsibilities, or any other significant or unexpected
factor or event which precludes the member's physical attendance
at such meeting.
(5) The meeting minutes must identify which, if any, Legislative members
and OPBC members are participating remotely.
(6) Members of the public will be allowed to participate in proceedings
by videoconference in real time, where public comment or participation
is authorized and shall ensure that videoconferencing allows the same
public participation or testimony as in-person participation or testimony.
(7) Each meeting conducted using videoconferencing shall be recorded
and such recordings posted or linked on the public website of the
Legislature or OPBC within five business days following the meeting
and shall remain so available for a minimum of five years thereafter.
(8) The Tompkins County Legislature and OPBC may hold fully remote meetings,
and in-person participation requirements of the Law shall not apply,
during a state disaster emergency declared by the governor pursuant
to § 28 of the Executive Law, or a local state of emergency proclaimed
by the chief executive of a county, city, village, or town pursuant
to § 24 of the Executive Law, if the Legislature and OPBC determines
that the circumstances necessitating the emergency declaration would
affect or impair the ability of the Legislature and OPBC to hold an
in-person meeting.
The Legislature shall consider renewal of this law in two years.
This article shall take effect immediately upon filing in the
office of the Secretary of State.