It is the intent of this chapter to authorize the use of videoconferencing
to conduct public meetings, in accordance with Public Officers Law
§ 103-a.
Defined terms used in this chapter shall have the same meaning
as ascribed to them in Article 7 of the Public Officers Law, except
as set forth below:
EXTRAORDINARY CIRCUMSTANCES
Includes disability, illness, caregiving responsibilities,
or any other significant or unexpected factor or event which precludes
the member's physical attendance at a meeting.
TOWN PUBLIC BODY
The Town of Chili Town Board, the Town of Chili Planning
Board, and/or any other Town of Chili entity for which a quorum is
required in order to conduct public business, and which consists of
two or more members, and which is subject to the New York Open Meetings
Law.
Members of a Town public body are hereby permitted to participate
in public meetings remotely by videoconference from a location not
open to the public upon the following conditions:
A. A quorum of members of the Town public body are gathered together
at a physical location or locations otherwise open to the public;
B. The Town public body has established written procedures governing
member and public attendance consistent with Public Officers Law § 103-a,
and such written procedures are conspicuously posted on the Town's
website;
C. Members of the Town public body shall be physically present at meetings
unless such member is unable to be physically present due to extraordinary
circumstances;
D. Except in the case of executive sessions conducted pursuant to Public
Officers Law § 105, the Town public body ensures that members
of the Town public body can be heard, seen, and identified while the
meeting is being conducted, including but not limited to any motions,
proposals, resolutions, and other matters formally discussed or voted
upon;
E. The minutes of the meetings involving videoconferencing state which,
if any, members participated via videoconference and are available
to the public pursuant to Public Officers Law § 106;
F. If videoconferencing is used to conduct a meeting, the public notice
for the meeting informs 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 identifies the physical location for the meeting where the public
can attend;
G. The Town public body provides that each meeting conducted using videoconferencing
shall be recorded and such recordings posted or linked on the public
website of the Town public body within five business days following
the meeting, and shall remain so available for a minimum of five years
thereafter. Such recordings shall be transcribed upon request;
H. If videoconferencing is used to conduct a meeting, the Town public
body provides 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 and/or participation is authorized,
and ensures that videoconferencing authorizes the same public participation
and/or testimony as in-person participation and/or testimony;
I. The Town public body electing to utilize videoconferencing to conduct
its meetings maintains an official website;
J. Open meetings of the Town public body that are broadcast and/or that
use videoconferencing utilize technology to permit access by members
of the public with disabilities consistent with the 1990 Americans
with Disabilities Act, as amended.
The in-person participation requirements of §
155-3A and
C of this chapter shall not apply during a state of emergency declared by New York State, Monroe County, or the Town, if the Town public body determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the Town public body to hold an in-person meeting.
If any clause, sentence, paragraph, subdivision, or part of
this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, 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 in its application to the person, individual, corporation, firm,
partnership, entity, 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.