[HISTORY: Adopted by the Town Board of the Town of Minden as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-20-2022 by L.L. No. 1-2022]
This article shall be known as "Authorizing Videoconferencing by the Town Board and/or Supervisor," and adopted as Local Law No. 1 of 2022.
This article is enacted pursuant to the authority and power granted by § 103-a of the Public Officers Law and New York State Municipal Home Rule Law to allow local governments to choose to meet by videoconferencing.
This article shall govern videoconferences in the Town of Minden.
A. 
Members of the Minden Town Board and/or Supervisor shall be physically present at any such meeting unless such member is unable to be physically present at any such meeting location due to extraordinary circumstances, including disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting.
B. 
Except in the case of executive sessions, the Minden Town Board and/or Supervisor shall ensure that its members can 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.
C. 
The minutes of the meetings involving videoconferencing shall include which, if any, members participated remotely and shall be available to the public pursuant to Public Officers Law § 106.
D. 
If videoconferencing is used to conduct a meeting, the public notice for the meeting shall inform 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 shall identify the physical location for the meeting where the public can attend.
E. 
The Minden Town Board and/or Supervisor shall provide that each meeting conducted using videoconferencing shall be recorded and such recordings posted or linked on the public website of the 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.
F. 
If videoconferencing is used to conduct a meeting, the Minden Town Board and/or Supervisor shall provide 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 or participation is authorized and shall ensure that videoconferencing authorizes the same public participation or testimony as in-person participation or testimony.
The in-person participation requirements of § 15-5A of this article shall not apply during a state disaster emergency declared by the governor pursuant to § 28 of the Executive Law, or a local state of emergency proclaimed by the Montgomery County Executive pursuant to § 24 of the Executive Law, if 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.
A copy of this article shall be conspicuously posted on the Town of Minden website.
To the extent that this article is inconsistent with other laws or resolutions it shall supersede those laws or resolutions.
If any clause, sentence or paragraph of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the article, which shall as to such remainder remain in effect.