City of Ithaca, NY Chapter 118 Videoconferences

[HISTORY: Adopted by the Common Council of the City of Ithaca 6-1-2022 by L.L. No. 2022-05. Amendments noted where applicable.]

§ 118-1 Legislative findings, intent, purpose.

A. The Common Council makes the following findings:

(1) Videoconferencing is a valuable tool that has the potential to increase public engagement with City processes, reduce burdens on City staff, and provide flexibility for members of public bodies in the event that extraordinary circumstances or emergencies prevent in-person attendance at public meetings.

(2) The City has employed videoconferencing throughout the COVID-19 pandemic and developed the processes and expertise to implement its use on an ongoing basis.

(3) The City and the public will benefit from the continued availability of videoconferencing for future meetings of public bodies in accordance with the procedures adopted in this chapter.

B. Based upon the above findings, the intent and purpose of this chapter is to authorize all public bodies of the City to use videoconferencing for public meetings, and to promulgate a uniform set of written procedures governing videoconferencing that is consistent with §§ 103 and 103-a of the Public Officers Law.

§ 118-2 Videoconferencing and remote attendance for local public bodies.

A. Each and every public body is authorized, but not required, to use videoconferencing to conduct its business as permitted by §§ 103 and 103-a of the Public Officers Law and pursuant to the requirements of this article.

B. The following requirements and procedures shall apply whenever videoconferencing is employed by a public body.

(1) At least the minimum number of members of the public body necessary to constitute a quorum of the public body must be physically present at one or more location(s) open to the public to attend in person.

(2) Each member of the public body must be physically present unless such member is unable to be physically present due to extraordinary circumstances, which shall include but not be limited to disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting. These extraordinary circumstances requirement shall be liberally construed to the maximum extent permitted by law.

(3) The chair or other presiding officer of the public body shall determine whether extraordinary circumstances are present, except that any member of the public body disagreeing with the determination of the chair or presiding offer may move for a vote to override the determination of the chair or presiding officer. The determination shall be overridden upon the affirmative vote of a majority of the members of the public body in attendance. The member seeking to attend remotely due to extraordinary circumstances shall not be entitled to move to override the determination of the chair or presiding officer, or to vote if so moved.

(4) Except in the case of executive sessions, members of the public body attending by videoconference shall be able to 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. A member attending by videoconference shall be entitled to participate in the meeting, cast votes, and take any such other action as if the member were physically present.

(5) The minutes of any meeting involving videoconferencing shall include which, if any, members participated remotely and shall be made available to the public pursuant to § 106 of the Public Officers Law.

(6) 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(s) for the meeting where the public can attend in person.

(7) Each meeting conducted using videoconferencing shall be recorded, and such recordings shall be posted or linked on the public website of the public body within five business days following the meeting. Such recordings shall remain available for a minimum of five years and shall be transcribed upon request.

(8) The public body shall not be required to record or transcribe any executive session portion of the meeting or any other portion of the meeting which the public is not entitled to attend.

(9) 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, where public comment or participation in the meeting is authorized or required, to comment or participate via videoconference in real time. Videoconferencing, where employed, shall afford the same opportunity for public participation or testimony as in-person participation or testimony.

(10) Staff members and any other participants in a meeting employing videoconferencing may be permitted, at the sole discretion of the chair or other presiding officer, to participate, comment, and/or testify by videoconference or through such other remote means as enable the participant to be contemporaneously heard during the meeting. This subsection shall not apply to members of the public body or members of the public engaging in public comment or participation governed by other provisions of this chapter.

(11) The public body shall be authorized, but not required, to adopt additional written procedures governing member and public attendance consistent with this chapter. This chapter and such additional written procedures, if any, as may be adopted by the public body shall constitute the written procedures of the public body for the purposes of § 103-a(2)(b) of the Public Officers Law and shall be conspicuously posted on the public website of the public body.

(12) Any public body employing videoconferencing must maintain an official website.

(13) Videoconferencing and broadcast of meetings 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 purposes of this chapter, "disability" shall have the meaning defined in § 292 of the Executive Law.

C. Notwithstanding the foregoing, the in-person participation requirements of Subsection B of this chapter 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 Mayor or the chief executive of Tompkins County, 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. In the event of such a determination, no physical location need be noticed or made available to the public for in-person attendance, and all members and nonmembers may participate remotely.