[HISTORY: Adopted by the Board of Trustees of the Village
of Plandome Manor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-15-2022 by L.L. No. 4-2022]
A.
By passing Chapter 56 of the Laws of 2022, the New York State Legislature
amended § 103 of the Public Officers Law to add § 103-a.
Section 103-a of the Public Officers Law permits the Village to authorize
members of its public bodies to attend meetings by videoconference
under extraordinary circumstances.
B.
Section 103-a(2)(a) of the Public Officers Law requires that the
Village Board adopt a local law, following a public hearing, authorizing
the limited use of videoconferencing under extraordinary circumstances.
As used in this article, the following terms shall have the
following meanings:
For the purposes of this article, "extraordinary circumstances"
means disability, illness, caregiving responsibilities, inclement
weather, travel, or a significant or any other significant or unexpected
factor or event which prevents a member of a public body from attending
a meeting of the public body in person.
Any entity, for which a quorum is required in order to conduct
public business and which consists of two or more members, performing
a governmental function for the state or for an agency or department
thereof, or for a public corporation as defined in § 66
of the General Construction Law, or committee or subcommittee or other
similar body consisting of members of such public body, or an entity
created or appointed to perform a necessary function in the decision-making
process for which a quorum is required in order to conduct public
business and which consists of two or more members. A necessary function
in the decision-making process shall not include the provision of
recommendations or guidance which is purely advisory and which does
not require further action by the state or agency or department thereof
or public corporation as defined in § 66 of the General
Construction Law.
A.
The Village Board authorizes its members, and members of any other
public body of the Village, who experience extraordinary circumstances,
to participate in meetings using videoconferencing technology in a
manner consistent with § 103-a of the Public Officers Law.
B.
The Village Board shall, by resolution, create written procedures
further governing its use of videoconferencing by its members in compliance
with § 103-a of the Public Officers Law.
If a court of competent jurisdiction determines that any clause,
sentence, paragraph subdivision, or part of this article or the application
thereof to any person, firm or corporation or circumstance is invalid
or unconstitutional, the court's order or judgment shall not
affect, impair or invalidate the remainder of this article, but shall
be confined in its operation to the clause, sentence, paragraph, subdivision
or part of this article 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.
This article shall take effect immediately upon filing with
the Secretary of State.
