[HISTORY: Adopted by the Town Board of the
Town of Aurora as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-12-2022 by L.L. No. 6-2022]
A.
It is the intent of this article to give members of the Town's
local public bodies, as such term is defined in Public Officers Law
§ 103-a(1), the authority to participate in meetings via
videoconferencing in a manner consistent with the town's videoconferencing
policy and the authority granted in Public Officers Law § 103-a.
B.
Although Public Officers Law § 102 expressly allows members
of a public body to attend and participate in meetings using videoconferencing,
Town Law § 62 states that Town Board meetings must take
place within the Town, thereby making it unclear if a Town Board member
may participate via videoconference from a location outside the Town's
boundaries. this article is meant to expressly provide that authority
to members of the Town Board.
This article is adopted pursuant to Public Officers Law § 103-a,
which expressly authorizes the Town Board to adopt a local law giving
the Town's public bodies the authority to participate in meetings
via videoconference from locations not accessible to the public so
long as a quorum of the body participates from locations where the
public may be physically present and other conditions are met.
The Town Board of the Town of Aurora hereby supersedes Town
Law § 62 to expressly allow members of the Town's public
bodies, in each public body's discretion, to participate in meetings
using videoconferencing technology from locations within the Town
or outside the Town's boundaries from a location that is not
accessible by the public, in a manner consistent with Public Officers
Law § 103-a and the town's videoconferencing policy
adopted by the town board. Attendance via videoconferencing is only
permitted if:
A.
A minimum number of members are present to fulfill the public body's
quorum requirement in the same physical location or locations within
the Town of Aurora's boundaries where the public can attend;
and
B.
The member of the public body is unable to be physically present
at any such meeting location due to extraordinary circumstances including,
without limitation: disability, illness, caregiving responsibilities,
or any other significant or unexpected factor or event which precludes
the member's physical attendance at such meeting.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm or corporation,
or circumstance, shall be adjusted 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,
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.
