[HISTORY: Adopted by the Town Board of the Town of Rye as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-16-2022 by L.L. No. 3-2022]
It is the intent of this article to give the Town Board and
the public bodies of the Town of Rye, as such term is defined in Public
Officers Law § 103-a, Subdivision 1, the authority to participate
in meetings via videoconference in a manner consistent with the Town's
videoconferencing policy and the authority granted in Public Officers
Law § 103-a.
This article is adopted pursuant to Public Officers Law § 103-a,
which expressly authorizes the Town Board to adopt a local law authorizing
the use of videoconferencing for itself and all local public bodies
of the Town of Rye. Members of such local public bodies may participate
in meetings via videoconference from locations not accessible to the
public, so long as a quorum of the board/body participates from locations
where the public may be physically present and all conditions set
forth in Public Officers Law § 103-a are met.
The Town Board of the Town of Rye hereby authorizes members
of the Town Board and all members of the public bodies of the Town
of Rye to participate in meetings using videoconferencing technology
in a manner consistent with Public Officers Law § 103-a
and the Town's videoconferencing policy adopted by the Town Board.
The provisions of this article and Public Officers Law § 103-a
do not limit the existing authority set forth in Public Officers Law
§ 104, Subdivision 4, which allows all public bodies to
remotely connect multiple public locations from which members and
the public may attend. The Town's local public bodies may continue
to hold proper open meetings by videoconferencing from multiple physical
locations which are identified in the meeting notice, open to the
public and connected remotely together by videoconferencing.
Nothing herein shall prohibit a public body of the Town of Rye
from holding meetings entirely by videoconference, with no in-person
requirement, during a state of emergency declared by the Governor
of New York pursuant to Executive Law § 28 or by the Westchester
County Executive or Supervisor of the Town of Rye pursuant to Executive
Law § 24 if such 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.
If any clause, sentence, paragraph, subsection, or part of this
article, or the application thereof to any person, firm or corporation
or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof but shall be confined
in its operation to the clause, sentence, paragraph, subsection, or
part of this article, or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This article shall take effect immediately upon filing with
the Secretary of State.
