[HISTORY: Adopted by the Town Board of the Town of Greenburgh 7-13-2022 by L.L. No. 5-2022. Amendments noted where applicable.]
The purpose of this chapter is to adopt written procedures to
be utilized at any meeting of any public body of the Town of Greenburgh
which is subject to the requirements of the Open Meetings Law of the
State of New York as set forth in Public Officers Law Article 7.
This law shall be known as "a local law providing written procedures
governing member and public attendance at meetings of the Town's
public bodies."
As used in this chapter, the following terms shall have the
meanings set forth:
Any Board of the Town, including, but not limited to, the
Town Board, Planning Board, Zoning Board of Appeals, and any other
board performing a governmental function for or on behalf of the Town
of Greenburgh.
A gathering of the members of a board for the transaction
of official business on behalf of the Town, for which a quorum of
members must be present.
A majority of the members of a board.
When the minimum number of members are present to fulfill
the public body's quorum requirement in the same physical location
or locations all of which shall be locations at which the public can
attend the meeting.
The following requirements shall be met by any public body of
the Town of Greenburgh:
A.
Members of the public body shall be physically present at any meeting
of such public body unless such member is unable to be physically
present at any such meeting location due to extraordinary circumstances
due to:
(1)
Disability;
(2)
Illness;
(3)
Caregiving responsibilities;
(4)
Including, but not limited to, any other significant or unexpected
factor or event which precludes a member's physical attendance
at such meeting, including, but not limited to, business or pleasure
travel and/or severe local weather conditions or warnings.
B.
A public body may, in its discretion, use videoconferencing to conduct
its meetings, provided that a minimum number of members are present
to fulfill the public body's quorum requirement in the same physical
location or locations where the public can attend, and all other requirements
set forth hereafter have been met.
C.
Except at an executive session, the public body shall ensure that
the members of the public body can be heard, seen and identified,
while the meeting is being conducted, including, but not limited to,
any motions, proposals, resolutions, and any other matter formally
discussed or voted upon.
D.
Minutes of any meetings involving videoconferencing shall include
which, if any, members participated remotely and shall be available
to the public pursuant to Section 106 of the Public Officers Law.
E.
If videoconferencing is used to conduct a meeting, the public notice
for the meeting shall inform the public that videoconferencing will
be used, where the public can view and/or participate in such meeting,
where required documents and records will be posted or available,
and identify the physical location for the meeting where the public
can attend.
F.
Each meeting conducted using videoconferencing shall be recorded
and such recordings posted or linked on the Town's website within
five business days following the meeting, and shall remain so available
for a minimum of five years thereafter.
G.
If videoconferencing is used to conduct a meeting, the public body
shall provide the opportunity for members of the public to view such
meeting via video, and to participate in proceedings via videoconference
in real time where public comment or participation is authorized and
shall ensure that videoconferencing authorizes the same public participation
or testimony as in-person participation or testimony.
H.
Nothing herein is intended to prohibit or impede a public body's
ability to conduct an executive session in compliance with Section
105 of the Public Officers Law or for members to otherwise meet when
not conducting official Town business (i.e., attendance at educational
and similar events) in compliance with the provisions of the Public
Officers Law, nor shall anything set forth herein alter any requirements
previously established by the Town Board for meetings of other groups
which are not subject to the Open Meetings Law.
