Tompkins County, NY Meetings

This is an article law allowing the County to continue holding virtual public meetings. On April 9, 2022, Governor Hochul signed an amendment to the Open Meetings Law[1] to allow (until July 1, 2024) the expanded use of videoconferencing by public bodies in the conduct of open meetings, under extraordinary circumstance, regardless of a declaration of emergency. In order to continue meeting virtually, a county must pass a local law to opt in.

[1]

Editor's Note: See Public Officers Law § 100 et seq.

Pursuant to the amendment to the Open Meetings Law, beginning on June 9, 2022, the Tompkins County Legislature ("Legislature") and other public bodies of the County ("OPBC") subject to the Open Meetings Law may continue holding hybrid public meetings, permitting members of the Legislature, OPBC and the public to appear virtually, under the following circumstances:

(1)

All meetings shall be conducted by videoconferencing, not audio only, such that members of the Legislature and OPBC can be heard, seen, and identified.

(2)

The Legislature and OPBC must meet in person at a physical location open to the public with a minimum number of members present to fulfill the Legislature's and OPBC quorum requirement.

(3)

Members of the Legislature and OPBC may attend meetings virtually due to extraordinary circumstances; however, those members attending virtually may not count towards a quorum but may participate and vote. A quorum shall only be met by in-person member attendance.

(4)

"Extraordinary circumstances" shall be defined as: disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting.

(5)

The meeting minutes must identify which, if any, Legislative members and OPBC members are participating remotely.

(6)

Members of the public will be allowed to participate in proceedings by videoconference in real time, where public comment or participation is authorized and shall ensure that videoconferencing allows the same public participation or testimony as in-person participation or testimony.

(7)

Each meeting conducted using videoconferencing shall be recorded and such recordings posted or linked on the public website of the Legislature or OPBC within five business days following the meeting and shall remain so available for a minimum of five years thereafter.

(8)

The Tompkins County Legislature and OPBC may hold fully remote meetings, and in-person participation requirements of the Law shall not apply, during a state disaster emergency declared by the governor pursuant to § 28 of the Executive Law, or a local state of emergency proclaimed by the chief executive of a county, city, village, or town pursuant to § 24 of the Executive Law, if the Legislature and OPBC determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the Legislature and OPBC to hold an in-person meeting.