[HISTORY: Adopted by the Board of Trustees of the Village
of Briarcliff Manor 9-20-2022 by L.L. No. 9-2022. Amendments noted where
applicable.]
This chapter shall be known as the "Briarcliff Manor Public
Meetings Law."
A.
The purpose of this chapter is to adopt written procedures to be
utilized for any meeting of any public body of the Village of Briarcliff
Manor which is subject to the requirements of the Open Meetings Law
of the State of New York, as set forth in Public Officers Law Article
7 ("Open Meetings Law").
B.
As follows, the Village intends to employ and permit the use of available
technology to the extent mandated by, and in compliance with, provisions
of Open Meetings Law for notifications, broadcast, transmission, recording
or participation at meetings convened for the purpose of conducting
the Village's business.
As used in this chapter, the following terms shall have the
meanings set forth below:
A gathering of the members of a public body for the transaction
of official business on behalf of the Village, for which a quorum
of members must be present.
When the minimum number of members are present to fulfill
the public body's quorum requirement in the same physical location
or locations all of which shall be locations at which the public can
attend the meeting.
Shall have the same meeting as in New York Open Meetings
Law.
A majority of the members of a public body.
A.
Every public body, as defined herein and subject to the jurisdiction
of Village of Briarcliff Manor, shall comply with New York's
Open Meetings Law.
B.
The following procedures are hereby established to satisfy the requirement
of Open Meetings Law § 103-a2(b), which contemplate the
use of available technology for remote attendance at public meetings.
(1)
Each participating member of the public body shall be physically
present at the meeting of such public body except when unable to do
so due to extraordinary circumstances including:
(2)
Members who wish to participate and are unable to be physically present
shall provide notice of such "extraordinary circumstances" in accordance
with procedural requirements as established by the Village;
(3)
A public body may, in its discretion, use videoconferencing to conduct
its meetings, provided that a minimum number of members are present
to fulfill the public body's quorum requirement in the same physical
location or locations where the public can attend, and all other requirements
set forth herein have been met;
(4)
The Board of Trustees may promulgate and adopt by resolution written
procedures, which may be amended from time to time, for the conduct
of any meeting that includes participation by a member exercising
the right to participate remotely herein;
(5)
The Board of Trustees may also promulgate, adopt, or rescind by resolution
written procedures, which may be amended from time to time, allowing
subordinate boards or committees to write their own procedures or
rules relating to Open Meetings Law § 103-a2(b) as related
to use of technologies for remote participation;
(6)
Except at an executive session, the public body shall ensure that
the members of the public body can be heard, seen and identified,
while the meeting is being conducted, including but not limited to
any motions, proposals, resolutions, and any other matter formally
discussed or voted upon;
(7)
Minutes of any meetings involving videoconferencing shall include
which, if any, members participated remotely and shall be made available
to the public as required by law;
(8)
If videoconferencing is used to conduct a meeting, the public notice
for the meeting shall inform the public that videoconferencing will
be used, where the public 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;
(9)
Each meeting of a public body, requiring a quorum established undered
law and conducted using videoconferencing, shall be recorded and such
recordings posted or linked on the Village's website within five
business days following the meeting, and shall remain so available
for a minimum of five years thereafter. If videoconferencing is used
to conduct a meeting, the public body shall provide the opportunity
for members of the public to view such meeting via video, and to participate
in proceedings via videoconference in real time where public comment
or participation is authorized and shall ensure that videoconferencing
authorizes the same public participation or testimony as in-person
participation or testimony, however audio participation may be limited
to instances where public comment or participation is authorized.
A.
This chapter exclusively applies to public bodies subject to Open
Meetings Law. Nothing in this chapter shall be construed as applying
to or limiting the meetings of any other person or group affiliated
with the Village.
B.
Nothing in this chapter shall be construed as to limit any group
from meeting to receive advice of legal counsel, from conducting an
executive session or otherwise acting in compliance with § 105
of the Public Officers Law.
C.
Nothing in this chapter shall limit members of a public body or committee
from meeting when not conducting official Village business, or impose
a stricter obligation or burden on meetings, or members, than those
applicable under New York's Open Meetings Law.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application to any person 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, subdivision, section
or part of this chapter, or its application to the person or circumstance
directly involved in the controversy in which such order or judgment
shall be rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State.
