[HISTORY: Adopted by the Common Council of the City of Peekskill 8-15-2022 by L.L. No. 8-2022. Amendments noted where applicable.]
It is the intent of this chapter to authorize all public bodies of the City of Peekskill to conduct meetings consistent with the videoconferencing provisions of Public Officers Law § 103-a and the videoconferencing procedures adopted by the Common Council.
This chapter is adopted pursuant to Public Officers Law § 103-a, which expressly authorizes the Common Council to adopt local legislation authorizing the use of videoconferencing.
A. 
The Common Council of the City of Peekskill hereby authorizes the use of videoconferencing by the City of Peekskill when conducting meetings of all public bodies of the City of Peekskill subject to the following procedures:
(1) 
A quorum of the members of the public body are physically present at the meeting in one or more physical locations at which members of the public may attend the meeting.
(2) 
Members of the public body are physically present at the meeting location(s) at which the public can attend in person unless the member of the public body is unable to be physically present due to extraordinary circumstances:
(a) 
Extraordinary circumstances is defined to include any disability or illness, care-giving responsibilities, or any significant or unexpected factor or event that precludes the member of the public body's physical attendance at such meeting.
(b) 
Extraordinary circumstances must be certified by email or other written means to the City Clerk by the member of the public body in accordance with the City's videoconferencing policies and procedures.
(3) 
Except in the case of executive sessions conducted pursuant to Public Officers Law § 105, members of the public body must be able to 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.
(4) 
The minutes of the meetings involving videoconferencing must include which, if any, members of the public body participated using videoconferencing technologies.
(a) 
Such minutes must be made available to the public pursuant to Public Officers Law § 106.
(b) 
Any meeting that uses videoconferencing must be recorded and such recordings must be posted to or linked on the City of Peekskill website within five business days of the meeting. The recordings must remain available for a minimum of five years thereafter and recordings must be transcribed upon request.
(5) 
The public notice for any meeting involving the videoconferencing must:
(a) 
Inform the public:
[1] 
That videoconferencing will be used;
[2] 
Where members of the public can view and/or participate in such meeting via videoconference; and
[3] 
Where required documents and records will be posted or available.
(b) 
Identify the physical location(s) where members of the public body will be physically present at the meeting and where members of the public can attend the meeting in person.
(6) 
Members of the public must be able to view the video broadcast of any meeting using videoconferencing simultaneously when the meeting is conducted. Additionally, at meetings where public comment or participation is authorized by the public body, members of the public must be able to participate in the proceedings using videoconference technologies in real time and with the same opportunities for public participation or testimony as in-person participation or testimony.
B. 
The Common Council of the City of Peekskill may adopt additional procedures in addition to those contained herein regarding the use of videoconferencing pursuant to Public Officers Law § 103-a.
C. 
These procedures, together with any and any additional procedures adopted by the Common Council, shall be conspicuously posted on the City of Peekskill website.
A. 
Public bodies of the City of Peekskill may conduct meetings entirely by videoconference, with no in-person requirement, under the following circumstances:
(1) 
A state of emergency is declared by the Governor of the State of New York pursuant to Executive Law § 28; or
(2) 
A local state of emergency is declared by the Peekskill City Manager pursuant to Executive Law § 24, and the Common Council determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting.
B. 
Whenever the Common Council of the City of Peekskill 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, the public body must acknowledge the previous meeting(s) and summarize any action(s) taken thereat at the next immediate meeting where the public is permitted to attend. The Common Council must produce minutes of such emergency meetings pursuant to the requirements of Public Officers Law § 106.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered.
This chapter shall take effect immediately upon filing with the Secretary of State.