[HISTORY: Adopted by the Town Board of the
Town of Esopus 3-9-1977 by L.L. No. 1-1977. Amendments noted where
applicable.]
The purpose of this chapter is to provide notice
to the public and the news media of the regular and special meetings
of the Town Board at which public business is officially transacted,
in compliance with the Open Meetings Law (Public Officers Law Article
7). Such notice is designed to facilitate public attendance at such
meetings to observe and listen to the deliberations and decisions
of this Board.
A.
The terms, words and phrases used in this chapter
shall have the same meanings as such terms, words and phrases are
defined in § 92 of the Public Officers Law.[1]
[1]
Editor's Note: Former § 92 of the
Public Officers Law was renumbered as § 97 by Chapter 933
of the Laws of 1977. Said § 97 was subsequently renumbered
as § 102 by Chapter 652 of the Laws of 1983.
B.
NEWS MEDIA
NOTICE
As used in this chapter, the following terms shall
have the meanings indicated:
A newspaper that is printed not less frequently than once
a week in which legal notices may be published, or a radio or television
station that regularly broadcasts news.
Includes, but shall not be limited to, written or oral information
relating to the date, time and place where a meeting is to be held.
The following locations are hereby designated
as the sites where notice of all meetings held by the Town Board shall
be posted:
Any or all of the following officially designated
newspapers or newspapers of general circulation within the Town of
Esopus and television or radio stations are hereby designated as the
news media that shall receive notice of the meetings of the Town Board:
A.
The Town Clerk shall be responsible for providing
notice to the public and the news media as provided in this chapter.
B.
The Town Clerk shall, upon request, whenever possible,
provide notice to any person of the date, time and place of a meeting
of the Town Board, whether the request for such information is made
in person, in writing or by telephone; provided, however, that a written
request requiring a written notice shall be accompanied by a properly
stamped self-addressed envelope and a telephone request requiring
the Town Clerk to return a long-distance call shall not be honored,
unless the requester accepts the charges for such call.
A.
The public shall be informed of meetings scheduled at least one week in advance by the posting of a notice at least 72 hours in advance of such meetings in locations designated in § 25-3 herein.
B.
The newspaper(s) or radio or television station(s) designated in § 25-4 herein shall be informed of a meeting scheduled at least one week in advance at least 72 hours in advance of such meeting by mail or by telephone or by personal delivery of the notice to an officer or employee of the news media, as follows:
(1)
Notice provided by mail to the news media shall be
sent by certified return receipt mail at least one week in advance
of such meetings to ensure that notice will be provided to the news
media at least 72 hours in advance of a meeting.
(2)
When notice to the news media is personally delivered,
the person delivering the notice shall obtain a receipt signed by
an officer or employee of the news media, which receipt shall also
show the time and date thereof and the title of such officer or employee
and shall state that notice has been provided in compliance with § 94
of the Public Officers Law.[1]
[1]
Editor's Note: Former § 94 of the
Public Officers Law was renumbered as § 99 by Chapter 933
of the Laws of 1977. Said § 99 was subsequently renumbered
as § 104 by Chapter 652 of the Laws of 1983.
(3)
When notice to the news media is given by telephone,
the person making such telephone call shall obtain the name and title
of the officer or employee to whom the notice is given and shall write
down such information and the time and date of such call, as provided
herein.
A.
When the Town Board schedules meetings in advance
that are to be held at specific times and locations and on specific
dates, a single notice may be provided to the public and the news
media.
When the time, date or location of a scheduled meeting is changed, the Town Clerk shall, as soon as practicable, post notices showing the change in date, time or location of a meeting at the sites designated by § 25-3 herein and provide notice to the news media designated to receive notice by § 25-4 herein, as provided in § 25-6 or 25-7, as the case may be, of this chapter.
The Town Clerk shall keep a log or other record
in which there shall be entered the following information relating
to giving of public notice under this chapter:
A.
The date of posting of the public notice, the date
or descriptive schedule of the meeting or meetings for which notice
was given and the name and title of the person who posted the notice.
B.
If notice is given to the news media by mail, the
date of mailing of the same, the date or descriptive schedule of the
meeting or meetings for which the notice has been mailed and the name
and title of the person who mailed such notice.
C.
If notice to the news media is given by personal delivery,
the time and date of delivery of the same, the date or descriptive
schedule of the meeting or meetings for which the notice was delivered,
the name and title of the officer or employee to whom it was delivered
and the name and title of the person who delivered the notice.
D.
If notice to the news media is given by telephone,
the time and date of such telephone call, the date or descriptive
schedule of the meeting or meetings for which such notice is given,
the name and title of the officer or employee to whom it was given
and the name and title of the person who gave such notice.
A.
All members of the Port Ewen Water and Sewer Board,
Town Zoning Board of Appeals, Town Planning Board, Town Environmental
Board and the Town Waterfront Advisory Board must attend at least
75% of all meetings in any given year.
B.
In the event that a member misses
three consecutive meetings duly called by the Chairman or Secretary,
without just cause (or 25% of the meetings in any given year), that
member's term shall automatically expire, and the Town Board
may remove said member and appoint another person to fill the vacancy
created for the remainder of the deposed person's term.
[Amended 2-18-2020 by L.L. No. 4-2020]
C.
Any person may appeal the automatic termination to
the Town Board within 15 days of his/her termination.
