[HISTORY: Adopted by the Town Board of the Town of Chatham
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-21-2022 by L.L. No. 3-2022]
A.
It is the intent of this article to give Town Board members the authority
to participate in Town Board meetings via videoconference from locations
that fall outside the Town's geographical boundaries. Videoconferencing
has proven to be an effective and useful tool for Town Board meetings
that allows members to participate despite issues such as inclement
weather, illness, or travel plans. Videoconferencing also helps ameliorate
potential quorum issues so that the Town is able to address business
and matters in a more timely fashion.
B.
Although Public Officers Law §§ 103 and 104 expressly
allow members of a public body to attend and participate in meetings
using videoconference, Town Law § 62 states that Town Board
meetings must take place within the Town thereby making it unclear
if a Town Board member may participate via videoconference from a
location outside the Town's boundaries. This article is meant
to expressly provide that authority to members of the Town Board.
This article is adopted pursuant to Municipal Home Rule Law
§ 10 which expressly authorizes the Town Board to adopt
a local law superseding any provision of Town Law relating to the
property, affairs or government of the Town.
The Town Board of the Town of Chatham hereby supersedes Town
Law § 62 to expressly allow Town Board members to participate
in Town Board meetings using videoconferencing from locations that
fall outside the geographical limitations of the Town.
If any clause, sentence, paragraph, subdivision or part of this
article or the application thereof to any person, firm or corporation,
or circumstances, 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 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.
[Adopted 8-4-2022 by L.L. No. 5-2022; superseded 11-17-2022 by L.L. No.
6-2022]
A.
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
circumstances, regardless of a declaration of emergency. In order
to continue meeting virtually, a town must pass a local law to opt
in.
[1]
Editor's Note: See Public Officers Law § 100
et seq.
B.
Pursuant to the amendment to the Open Meetings Law, beginning on
July 17, 2022, the Town of Chatham may continue holding hybrid public
meetings, permitting members of the Town Board, Planning Board, Zoning
Board of Appeals and Advisory Committees to appear virtually, under
the following circumstances:
(1)
The Town Board(s) of the Town of Chatham must meet in person at a
physical location open to the public with a minimum number of members
present to fulfill the Board's quorum requirement. Advisory Committee
meetings may be held virtually, hybrid, or in person [with the requirement
that virtual access be provided at such in person meetings unless
circumstances do not allow (i.e., site visits)]. This will be at the
consensus of each Committee.
(2)
Members of the Town Board(s) 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.
(3)
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.
(4)
The Town Supervisor shall retain discretion over permitted extraordinary
circumstances for meetings of the Town Board(s).
(5)
The meeting minutes must identify which, if any, Board members are
participating remotely.
(6)
Members of the public will be allowed to attend, observe and participate
where public comment or participation is authorized at the available
location and virtually.
(7)
All meetings conducted by videoconferencing will be done in such
a manner that members of the Board can be heard, seen, and identified.
(8)
Each meeting conducted using videoconferencing shall be recorded
and such recordings posted or linked on the public website of the
Board within five business days following the meeting and shall remain
so available for a minimum of five years thereafter.
(9)
The in-person participation requirements of the law shall not apply
during a state disaster emergency declared by the Governor or when
a local state of emergency is declared by the Board of Supervisors
Chairman if it is determined that the circumstances necessitate the
emergency declaration would affect or impair the ability for the public
body to hold an in-person meeting.
(10)
Town Board will broadcast all meetings using the Google Meet platform
or equivalent, pursuant to meeting notice.
(11)
This article shall be posted upon the Town's website.
This article shall take effect immediately upon filing in the
office of the Secretary of State.
