Chapter 56 adds § 103-a to the Open Meetings Law, permitting
the Board of Trustees to authorize its members to attend meetings
by videoconferencing under extraordinary circumstances.
Section 103-a(2)(a) requires the Board of Trustees to adopt a resolution
following a public hearing authorizing the limited use of videoconferencing
under such circumstances.
Section 103-a(2) allows for hybrid meetings by requiring "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."
Section 103-a(2)(c) requires that members be physically present at
any such meeting "unless such member is unable to be physically present
at any such meeting location due to extraordinary circumstances .
. . including disability, illness, caregiving responsibilities, or
any other significant or unexpected factor or event which precludes
the member's physical attendance at such meeting."
In accordance with § 103-a(2)(d), any members attending
by video conference must, except during executive session, 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."
Section 103-a(2)(g) requires that any meeting where a member attends
by video conference be recorded, posted to the Board of Trustees web
page within five business days, and transcribed upon request.
Section 103-a(2)(h) requires that members of the public be permitted
to attend and participate, if authorized, in any meeting by video
conference when a member attends by video conference.
The Board of Trustees authorizes its members who experience an extraordinary
circumstance, as described above and further defined by any rules
or written procedures later adopted, to attend meetings by video conference:
The Board of Trustees shall create written procedures further governing
its use of videoconferencing by its members in compliance with Chapter
56 of the Laws of 2022.[2]