[Adopted 11-22-2022 by L.L. No. 4-2022]
The Cayuga County Legislature intends this article to authorize the use of videoconferencing under certain circumstances, to conduct public meetings pursuant to § 103-a of the New York State Public Officers Law.
A. 
This article and the procedures outlined herein shall apply to all meetings of the Cayuga County Legislature, including all committees and subcommittees.
B. 
All other boards or agencies of the County that are subject to the Open Meetings Law may determine for themselves the extent to which they wish to allow videoconferencing to conduct meetings and, if so, may adopt appropriate resolutions to that effect.
A. 
Members of the governing board shall be physically present at meetings, and committees, unless unable to be physically present at the meeting due to "extraordinary circumstances," which are defined as follows:
(1) 
Disability;
(2) 
Illness;
(3) 
Caregiving responsibilities, which may include caring for a child, spouse, parent, grandparent, grandchild, sibling, partner, or significant other, due to illness or disability;
(4) 
Temporary travel outside the County;
(5) 
Any other significant, unexpected event that prevents the member from attending the meeting in person.
B. 
A member who is unable to be physically present at a meeting shall provide notice to the Cayuga County Legislative Clerk's Office at least 24 hours prior to the meeting or as soon as reasonably able.
C. 
The Chair of the Cayuga County Legislature's determination on whether the extraordinary circumstances cited by a Board member qualifies under this article to permit that member to participate in a legislative meeting shall be final and binding.
D. 
The Chair of a standing committee's determination on whether the extraordinary circumstances cited by a committee member qualifies under this article to permit the committee member to participate in a committee meeting shall be final and binding.
E. 
The Chair of the Legislature, or in the case of a standing committee, the Chair of the committee, shall announce at the beginning of the meeting the names of the members who are participating remotely and identify them for the record.
F. 
Only those members who are present at the meeting or have been permitted to attend remotely pursuant to the procedures of this article shall count towards a quorum or be permitted to vote on any matter that comes before the Board/committee.
G. 
Except in the case of executive sessions, all members of the Board/committee, including those who have been permitted to participate remotely, shall be capable of being seen, heard and identified throughout the meeting being conducted.
A. 
If videoconferencing is used to conduct a meeting, the public notice shall inform the public where they can view and/or participate in such meeting, where required documents and records will be posted or available, and identify the physical location for the meeting where the public can attend.
B. 
Minutes of any meeting involving videoconferencing shall include which, if any, members participated remotely.
C. 
Meetings conducted using videoconferencing shall be recorded and those recordings shall be posted or linked within five business days of the meeting and maintained for five years thereafter. Recordings shall be transcribed upon request.
D. 
In those meetings where videoconferencing is used, the public must be able to view the meeting via video and participate in the proceedings via videoconference in real time and to testify or present in the same manner as they would be permitted to participate pursuant to the Cayuga County Legislature Rules of Order, or under state or local law.
E. 
The in-person participation requirements of this article shall not apply during a state disaster emergency declared by the Governor or a local state of emergency as declared by the chief executive of the County if it is determined that the circumstances necessitating the emergency declaration would affect or impair the ability of the Board/committee to hold an in-person meeting.
F. 
These written procedures shall be conspicuously posted on the County's website.
This article shall take effect immediately upon filing with the Secretary of State.
If any clause, sentence, paragraph, subdivision, section or part of this article, 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 article or in its application to the person, individual, corporation, firm partnership, entity, or circumstance directly involved in the controversy in which such judgment or order shall be rendered.
[Amended 6-25-2024 by L.L. No. 3-2024]
This article shall be effective until July 1, 2026.