HomeMy WebLinkAbout2022-06-07 Video Conferencing Policy Res 135-2022
Videoconferencing Policy
Adopted via Resolution 135 of 2022 on 7 June 2022
Moved By: Schnabel Seconded By: Gagnon
A.Purpose
To establish guidelines and minimum requirements for the use of videoconferencing
technology to participate in the meetings held by Town public bodies, as defined in Public
Officers Law §102.
B.Background
New York State suspended certain requirements of the Open Meetings Law to permit public
bodies to meet and conduct town business via videoconferencing platforms and to prohibit
in-person attendance during the 2020-2022 COVID Pandemic/State of Emergency.
In April of 2022, Gov. Hochul signed Chapter 56 of the Laws of 2022, which added Public
Officers Law § 103-a allowing a town’s public bodies to have the option of continuing to use
videoconferencing under certain circumstances and conditions, if, among other things, the
town board adopts a local law authorizing the use of videoconferencing and a written policy
establishing said circumstances and conditions. On 7 June 2022, the Danby Town Board
adopted such a local law (Local Law 03 of 2022).
C.Def initions
1.Public Body – All boards, committees, and subcommittees of the Town that meet the
definition of “public body” in Public Officers Law § 102.
2.Meeting – The official convening of a public body for the purpose of conducting
public business, including the use of videoconferencing for attendance and
participation by the members of the public body.
3.Quorum – one half of the full membership of the public body, regardless of vacancies
or disqualifications to act, plus one. Example: a board with seven members has a
quorum of four. Virtual attendance does not qualify for making quorum but does
qualify for all other purposes, including voting purposes.
Mary Ann Barr 2021
T he Town of Danby, New York
1830 Danby Road, Ithaca, NY 14850
https://danby.ny.gov
Town Board
Joel Gagnon, Supervisor
+1-607-277-4788 | townboard@danby.ny.gov
Town of Danby Videoconferencing Policy
4.Extraordinary Circumstance – events or factors that would preclude a member’s
physical attendance at the meeting, e.g.: disability, illness or significant health
concerns requiring precautionary actions, caregiving responsibilities, other significant
or unexpected factors or events, and events when a member is out of town for a short
duration.
D.Policy
1.Members of all public bodies are permitted to attend and participate using
videoconferencing under extraordinary circumstances with the following
requirements:
a.A quorum of the public body must be present, in person, in one or more
advertised location(s) where the public may attend. A member who is
participating from a remote location that is not open to in-person physical
attendance by the public may not be counted toward a quorum, but may
participate and vote if there is a quorum of members at the physical ocation(s)
open to the public, and
b.The physical location of any location where members are attending virtually
and the public may attend shall be posted on the Meeting Agenda posted to
the Town website and distributed to the media, and
c.Public notice for any meeting conducted shall include the physical location(s)
where the public can attend and/or participate in person, the fact that
videoconferencing will be used, where the public can view and/or participate
in the virtual meeting, and where any required documents or materials
associated with the meeting are posted or available, and
d.Any member attending virtually must use video capabilities permitting the
public to see, hear and identify them throughout the entire portions of the
meeting that the Open Meetings Law requires to be held in open session, with
limited allowance for customary temporar y absences from a meeting for
personal interruptions such as household noise, coughing, sneezing,
stretching, or a biological needs break.
e.The public must be able to view via video all meetings which include virtual
member attendance and, where public comment or participation is
authorized, the public must be allowed to participate by videoconference in
real time in a manner that affords the same public participation or testimony
as in-person participation or testimony, and
f.The minutes of all meetings that include virtual member attendance must
indicate who participated virtually, and such minutes must be posted to the
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Town of Danby Videoconferencing Policy
Town’s website within two weeks of the meeting (one week for executive
session minutes recording an action taken by formal vote) and be transcribed
upon request, and
g.Each meeting where virtual attendance occurs shall be recorded and such
recording must be posted or linked on the Town’s website within 5 business
days of the meeting and such recording must remain posted or linked for no
less than 5 years, and
h.Virtual attendance should be used sparingly with the expectation that
members will be physically present at meetings. Members must notify the
chair and/ or staff support when they will not be present at a meeting or will
need to attend using videoconferencing, and
i.All open meetings of public bodies that are broadcast or use
videoconferencing shall be accessible to members of the public with
disabilities, as provided in Public Officers Law § 103-a.
j.This Videoconferencing Public Body Meeting Participation Policy must be
conspicuously posted to the Town’s website.
E.State of Emergency
As provided for in the New York State legislation described in Section B, if a local state of
emergency is declared or a NYS disaster emergency declaration is made, all public bodies
may meet completely virtually without the need for a quorum in one or more location(s) at
which the public may attend, if the Town Board determines that the circumstances
necessitating the state of emergency or disaster emergency declaration would affect or
impair the ability of the Town’s public bodies to hold an in-person meeting. If the Town
Board makes such a determination, all requirements of this Policy, except the in-person
member participation requirement, must continue to be met while the state of emergency or
disaster emergency declaration remains in effect.
F.Effective and Termination Dates
This Policy shall take effect immediately, and shall automatically terminate if the New York
State legislation described in Section B expires.
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
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Town of Danby Videoconferencing Policy
Schnabel X
Woodworth X
Gagnon X
Resolution 135 approved on 7 June 2022
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