Town of Greenport, NY Videocoferencing

The use of videoconferencing for purposes of the conduct of public business and meetings of any Board in the Town of Greenport which are subject to the requirements of Public Officers Law Article 7 (Open Meetings Law) shall be permitted only in accordance with the following terms and conditions:

(1)

Videoconferencing may only be used where a valid meeting has been convened with a quorum representing a majority of the total membership of the Board gathered together. Only members present at a physical location which allows for in-person attendance by the public will count toward a quorum.

(2)

Members of the Board shall be physically present at meetings, unless allowed remote attendance at locations that do not allow for in person physical attendance by the public, under extraordinary circumstances.

(3)

The list of extraordinary circumstances is nonexhaustive, but shall include disability, illness, caregiving responsibilities or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting.

(4)

Members shall provide notice of their inability to attend a meeting at least 24 hours prior to the meeting or as soon as reasonably known.

Any Board that uses videoconferencing to conduct its meetings shall conduct its meetings in a manner that insures that the public has the opportunity to attend the meeting via videoconferencing and participate where public comment or participation is authorized, in real time, at all times being permitted the same public participation or testimony as in-person participation or testimony.

Open meetings of any public body that are broadcast or 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 Executive Law § 292.

Any meeting at which videoconferencing is utilized shall be advertised at least one week prior to the scheduled date of the meeting by public notice posted on the Town's notice board and on the Town's website which shall, in relevant part:

(1)

Inform the public that videoconferencing will be used;

(2)

Inform the public where the documents and records for the meeting will be available and posted;

(3)

Identify the location of the physical meeting site; and

(4)

State that the public has the right to attend the meeting at the physical meeting site.

All meetings at which videoconferencing is used shall comply in all respects with the provisions of Public Officers Law Article 7 (Open Meetings Law), including without limitation:

(1)

The notice requirements described above;

(2)

Minutes of such meetings shall include which members participated remotely and shall be available to the public;

(3)

The meeting 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, and shall be transcribed upon request.

Except in the case of executive sessions, the public body shall ensure that remote members of the public body can be heard, seen and identified at all times during the meeting.

The in-person participation requirements of this chapter shall not apply during a state disaster emergency declared by the governor or a local state of emergency as declared by the chief executive of the county if it is determined that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting.