[HISTORY: Adopted by the Board of Trustees of the Village
of Mamaroneck as indicated in article histories. Amendments noted
where applicable.]
A.
Section 103-a of the Public Officers Law of the State of New York
provides that a "public body may, in its discretion, use videoconferencing
to conduct its meetings pursuant to the requirements of this article
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," if "the governing board
of a. . . village has adopted a local law. . . following a public
hearing, authorizing the use of videoconferencing for itself and its
committees or subcommittees" and that the public body has established
written procedures "governing member and public attendance consistent
with this section."
B.
The Board of Trustees finds and determines that the option to use
videoconferencing to conduct its meetings would allow for greater
opportunity to participate in meetings by members of the Board of
Trustees and the Village's committees and subcommittees that
they otherwise might not be able to due to extraordinary circumstances.
C.
The Board of Trustees intends by adopting this article to exercise
the authority granted to it under Public Officers Law § 103-a.
The Board of Trustees of the Village of Mamaroneck, County of
Westchester, hereby authorizes the use of videoconferencing to conduct
meetings of the Board of Trustees and of Village committees and subcommittees
pursuant to the requirements of Public Officers Law § 103-a,
in accordance with the following procedures:
A.
A minimum number of members of the Board of Trustees, committee or
subcommittee must be present to fulfill the respective quorum requirements
in the same physical location or locations where the public can attend;
B.
Each member of the Board of Trustees, committee, or subcommittee
must be physically present at the meeting unless the member is unable
to be physically present at the meeting's location due to extraordinary
circumstances including, but not limited to, disability, illness,
caregiving responsibilities, family responsibilities, work-related
responsibilities, or any other significant or unexpected factor or
event which precludes the member's physical attendance at the
meeting;
C.
Except in the case of executive sessions conducted pursuant to Public
Officers Law § 105, the Board of Trustees, committee, or
subcommittee will ensure that each member 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.
The minutes of meetings involving videoconferencing must include
which members, if any, participated remotely and must be available
to the public pursuant to Public Officers Law § 106;
E.
If videoconferencing is used to conduct a meeting, the public notice
for the meeting must inform the public that videoconferencing will
be used, where the public can view and/or participate in the meeting
and where required documents and records will be posted or available,
and must identify the physical location for the meeting where the
public can attend;
F.
The Board of Trustees, committee, or subcommittee must provide that
each meeting conducted using videoconferencing will be recorded and
that the recording is posted or linked on the Village of Mamaroneck's
public website within five business days following the meeting, that
the recording will remain so available for a minimum of five years
thereafter and will be transcribed upon request;
G.
If videoconferencing is used to conduct a meeting, the Board of Trustees,
committee, or subcommittee must provide the opportunity for members
of the public to view the meeting via video and to participate in
proceedings via videoconference in real time where public comment
or participation is authorized and must ensure that videoconferencing
authorizes the same public participation or testimony as in-person
participation or testimony; and
H.
Open meetings of the Board of Trustees, committee, or subcommittee
that are broadcast or that use videoconferencing must utilize technology
that permits access by members of the public with disabilities consistent
with the 1990 Americans with Disabilities Act (ADA), as amended, and
the corresponding guidelines. For the purposes of this section, "disability"
has the meaning defined in Executive Law § 292.
