[HISTORY: Adopted by the Board of Trustees of the Village
of Larchmont 6-20-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
A.
The purpose of this chapter is to enable members of Village of Larchmont
public bodies who are unable to be physically present at a meeting
location due to extraordinary circumstances to attend the meeting
remotely.
B.
Additionally, the purpose of this chapter is to enable Village of
Larchmont public bodies to provide access to certain meetings for
members of the public who are not physically present at a meeting
location.
As used in this section, the following terms shall have the
meanings indicated:
A physical, mental or medical impairment resulting from anatomical,
physiological, genetic or neurological conditions which prevents the
exercise of a normal bodily function or is demonstrable by medically
accepted clinical or laboratory diagnostic techniques; or
A record of such an impairment; or
A condition regarded by others as such an impairment.
That portion of a meeting not open to the general public.
The official convening of a public body for the purpose of
conducting public business, including the use of videoconferencing
for attendance and participation by the members of the public body.
Any Village of Larchmont entity for which a quorum is required
in order to conduct public business and which consists of two or more
members performing a governmental function for the Village of Larchmont,
or a committee or subcommittee or other similar body consisting of
members of such public body.
The quorum requirement of Village of Larchmont public bodies
as provided by law.
A public body of the Village of Larchmont may, in its discretion,
use videoconferencing to conduct its meetings pursuant to the requirements
of this chapter, 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.
Each public body (including committees and subcommittees thereof)
may make its own determination whether to use videoconferencing to
conduct its meetings. Where a public body has determined to use videoconferencing
to conduct its public meetings pursuant to this chapter, members shall
be physically present at any such meeting unless a member is unable
to be physically present at any such meeting location due to the following
extraordinary circumstances:
The following procedures shall govern member and public attendance
and shall be conspicuously posted on the official public website of
the public body conducting videoconferencing:
A.
Except in the case of executive sessions, the public body shall ensure
that 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.
B.
The minutes of the meetings involving videoconferencing shall include
which, if any, members participated remotely and shall be available
to the public as required by New York Public Officers Law.
C.
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.
D.
Each meeting conducted using videoconferencing shall be recorded
and such recordings posted or linked on the public website of the
public body 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.
E.
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.
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 Village 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 for meetings of other groups which are not
subject to the Open Meetings Law.[1]
[1]
Editor's Note: See Public Officers Law § 100.
The in-person participation requirements of § 35-4 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 chief executive of Westchester County, the Village of Larchmont, or the Town of Mamaroneck 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.
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.
