Town of Wallkill, NY Meetings

The Town Board hereby adopts the following as the written procedures to be utilized at any meeting of any public body of the Town of Wallkill 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.

Definitions. As used in this legislation, the following terms shall have the meanings set forth:

MEETING

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.

PHYSICAL PRESENCE

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.

PUBLIC BODY

Any board of the Town, including the Town Board, Planning Board, Zoning Board of Appeals, and any other board or committee performing a governmental function for or on behalf of the Town of Wallkill.

QUORUM

A majority of the members of a Board.

Requirements for meetings of any public body. The following requirements shall be met by any public body of the Town of Wallkill:

(1)

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:

(a)

Disability;

(b)

Illness;

(c)

Caregiving responsibilities;

(d)

Any other significant or unexpected factor or event which precludes a member's physical attendance at such meeting.

(2)

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.

(3)

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.

(4)

Minutes of any meetings involving videoconferencing shall include which, if any, members participated remotely and shall be available to the public pursuant to § 106 of the Public Officers Law.

(5)

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.

(6)

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. Such recordings shall be transcribed upon request.

(7)

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.

(8)

Nothing herein is intended to prohibit or impede a public body's ability to conduct an executive session in compliance with § 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.

(9)

The in-person participation requirements of Subsection B(1) of this article 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 Wallkill Town Supervisor pursuant to § 24 of the Executive Law, if the public body determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting.

(10)

Open meetings of any public body that are broadcast or that use videoconferencing shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For the purposes of this section, "disability" shall have the meaning defined in § 292 of the Executive Law.