[HISTORY: Adopted by the Board of Trustees of the Village
of Athens as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-24-2024 by L.L. No. 2-2024]
On April 9, 2022, Governor Hochul signed an amendment to the
Open Meetings Law[1] to allow (until July 1, 2024)[2] the expanded use of videoconferencing by public bodies
in the conduct of open meetings, under extraordinary circumstances,
regardless of a declaration of emergency. In order to continue meeting
virtually, a Village must pass a local law to opt in.
Pursuant to the amendment to the Open Meetings Law, beginning
on July 17, 2022, the Village of Athens may continue holding hybrid
public meetings, permitting members of the Village Board, Planning
Board, Zoning Board of Appeals and Advisory Committees to appear virtually,
under the following circumstances:
A.
The Village Board(s) of the Village of Athens must meet in person
at a physical location open to the public with a minimum number of
members present to fulfill the Board's quorum requirement. Advisory
Committee meetings may be held virtually, hybrid, or in-person (with
the requirement that virtual access be provided at such in-person
meetings unless circumstances do not allow [i.e., site visits]. This
will be at the consensus of each Committee.
B.
Members of the Village Board(s) may attend meetings virtually due
to extraordinary circumstances; however, those members attending virtually
may not count towards a quorum but may participate and vote. A quorum
shall only be met by in-person member attendance.
C.
"Extraordinary circumstances" shall be defined as: disability, illness,
caregiving responsibilities, or any other significant or unexpected
factor or event which precludes the member's physical attendance
at such meeting.
D.
The Village Supervisor shall retain discretion over permitted extraordinary
circumstances for meetings of the Village Board(s).
E.
The meeting minutes must identify which, if any, Board members are
participating remotely.
F.
Members of the public will be allowed to attend, observe and participate
where public comment or participation is authorized at the available
location and virtually.
G.
All meetings conducted by videoconferencing will be done in such
a manner that members of the Board can be heard, seen, and identified.
H.
Each meeting conducted using videoconferencing shall be recorded
and such recordings posted or linked on the public website of the
Board within five business days following the meeting and shall remain
so available for a minimum of five years thereafter.
I.
The in-person participation requirements of the law shall not apply
during a state disaster emergency declared by the Governor or when
a local state of emergency is declared by the Board of Supervisors
Chairman if it is determined that the circumstances necessitate the
emergency declaration would affect or impair the ability for the public
body to hold an in-person meeting.
J.
The Village Board will broadcast all meetings using the Google Meet
platform or equivalent pursuant to meeting notice.
K.
This article shall be posted upon the Village's website.
