HomeMy WebLinkAboutVirtual Attendance Policy and LL
Adopted 2022-05-09
TOWN OF ITHACA
LOCAL LAW NO. 11 OF THE YEAR 2022
A LOCAL LAW AUTHORIZING THE TOWN’S PUBLIC BODIES TO USE
VIDEOCONFERENCING TECHNOLOGY TO PARTICIPATE IN PUBLIC MEETINGS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1 Legislative Intent
It is the intent of this local law to give the town’s public bodies, as that term is defined in Public
Officers Law § 102, the authority to participate in meetings via videoconference in a manner
consistent with the town’s videoconferencing policy and the authority granted in Public Officers
Law § 103-a.
Section 2 Authority
This local law is adopted pursuant to Public Officers Law § 103-a which expressly authorizes the
Town Board to adopt a local law giving the town’s public bodies the authority to participate in
meetings via videoconference from locations not accessible to the public so long as a quorum of
the body participates from locations where the public may be physically present and other
conditions are met.
Section 3 Videoconferencing for Public Meetings
The Town Board of the Town of Ithaca hereby authorizes members of the Town’s public bodies to
participate in meetings using videoconferencing technology in a manner consistent with Public
Officers Law § 103-a and the town’s videoconferencing policy adopted by the Town Board.
Section 4. Severability
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof
to any person, firm or corporation, or circumstance, shall be adjusted 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, or part of this Local Law or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy in which such judgment
or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
Adopted 2022-05-09- Revised 2023-08-28 Pg 1
TOWN OF ITHACA
Videoconferencing Public Body Meeting Participation Policy
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,
and in conjunction with Town of Ithaca Local Law 11 of 2022.
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 May 9, 2022, the Ithaca Town Board adopted such a local
law (Local Law 11 of 2022). In May of 2023, Gov. Hochul signed Chapter 58 of the Laws of 2023
which further amended Public Officers Law § 103-a to permit members with a disability that
renders them unable to participate in-person at any meeting location where the public can attend
to count toward a quorum.
C. Definitions
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.
4. Extraordinary Circumstances – 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.
Adopted 2022-05-09- Revised 2023-08-28 Pg 2
5. Disability – As defined in NYS Executive Law §292 and as used in the context of this
policy, summarized as: An impairment which prevents in-person attendance after
reasonable accommodations have been explored.
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. Except for members with a disability as
defined in this policy, 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 location(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 Town Bulletin Board, 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 temporary absences from a meeting for personal interruptions such as
coughing, sneezing, stretching, or a bio 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 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
Adopted 2022-05-09- Revised 2023-08-28 Pg 3
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 requesting virtual attendance must
notify the Chair or the appropriate Department Head for their determination on
whether the absence qualifies under “extraordinary circumstances”, and
i. All public body open meetings that that are broadcast or use videoconferencing
shall be accessible to members of the public with disabilities, as provided in Public
Officers Law § 103-a, and
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 on August 29, 2023 and shall automatically terminate if the 2022 New
York State legislation described in Section 2 expires.