[HISTORY: Adopted by the Council of the City of Mount Vernon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-8-2023 by L.L. No. 1-2023, approved 4-3-2023]
It is the intent of this article to authorize all public bodies
of the City of Mount Vernon, including committees and subcommittees
to conduct meetings consistent with the videoconferencing provisions
of Public Officers Law § 103-a and the videoconferencing
policy and procedures as adopted by the City Council. It is also the
intent of this article to require all public bodies, including committees
and subcommittees, to livestream meetings. Additionally, all public
body meetings that allow for in person public comment or participation,
shall provide the opportunity for members of the public to view and
to participate via videoconferencing technology.
This article is adopted pursuant to Public Officers Law § 103-a,
which expressly authorizes the City Council to adopt local legislation,
authorizing the use of videoconferencing.
The City Council of the City of Mount Vernon, County of Westchester,
hereby authorizes all public bodies of the City of Mount Vernon, including
committees and subcommittees to use videoconferencing when conducting
its meetings subject to the following:
A.
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.
B.
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:
(1)
Extraordinary circumstances are defined to include any disability
or illness, caregiving responsibilities, work conferences, or any
significant or unexpected factor or event that precludes the public
body member's physical attendance at such meeting.
(2)
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 policy and procedures and not
less than 24 hours prior to any meeting or as soon as practicable.
C.
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.
D.
The minutes of meetings involving videoconferencing must include
which, if any, members of the public body participated using videoconferencing
technologies.
(2)
Any meeting that uses videoconferencing must be recorded and such
recordings must be posted to or linked on the City of Mount Vernon's
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 subject to FOIL fees.
E.
F.
Members of the public are 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 are 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.
G.
The public body may conduct meetings entirely by videoconference,
with no in-person requirement, provided that:
(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 Chief Executive Officer of the City of Mount Vernon pursuant to Executive Law § 24, and the 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.
H.
Whenever the public body invokes the emergency exception as defined in Subsection G 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 allowed to attend. The public body must produce minutes of such emergency meetings pursuant to the requirements of Public Officers Law § 106.
The City Council of the City of Mount Vernon, County of Westchester,
hereby requires all public bodies, including committees and subcommittees,
to livestream meetings. All public body meetings that allow for in-person
public comment or participation, shall provide the opportunity for
members of the public to view and to participate via videoconferencing
technology.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this article, 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.
Public meetings by any public body that use videoconferencing
shall utilize technology to permit members of the public with disabilities
to access video in a manner consistent with the 1990 Americans with
Disabilities Act ("ADA"), as amended.
This article shall take effect immediately upon filing with the Secretary of State pursuant to Section 27 of the Municipal Home Rule Law.
