[HISTORY: Adopted by the Board of Trustees
of the Village of Woodsburgh as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-19-1970 as L.L. No. 1-1970]
The Board of Trustees of the Village of Woodsburgh
or any other duly constituted board of said Village be and it hereby
is authorized to hold its meetings and public hearings outside of
the incorporated limits of the Village of Woodsburgh at a meeting
place as close to the Village as reasonably possible.
The exact place and time of said meeting is
to be fixed by resolution.
[Adopted 11-29-2022 by L.L. No. 3-2022]
It is the intent of this article to authorize all public bodies
of the Village of Woodsburgh to conduct meetings consistent with the
videoconferencing provisions of Public Officers Law § 103-a,
the provisions of this article, and the videoconferencing polices
adopted by the Village Board of Trustees.
This article is adopted pursuant to Public Officers Law § 103-a,
which expressly authorizes the Board of Trustees to adopt local legislation
authorizing the use of videoconferencing.
As used in this article, the following terms shall have the
meaning indicated:
Public Officers Law Article 6.
The minutes of a meeting as defined in Public Officers Law
Article 7.
Public Officers Law Article 7.
Physically present at a meeting location, or present by videoconference,
except where otherwise provided in this article.
Any public body of the Village of Woodsburgh, as defined
in Public Officers Law Article 7.
Any meeting of a public body which is required to be open
to the public pursuant to the Open Meetings Law, but not including
any portion of such meeting from which the public may be excluded
as permitted by law.
A means of conducting a meeting of a public body as authorized
by Public Officers Law Article 7.
All public bodies of the Village of Woodsburgh are authorized
to use videoconferencing when conducting meetings of such public bodies,
subject to the following:
A.Â
A quorum of the members of the public body must be physically present
at the meeting in one or more physical locations at which members
of the public are permitted to attend the meeting. Members of the
public body who are not present at a physical location at which members
of the public are permitted to attend shall not be included in determining
whether there is a quorum of the body present, but may participate
and vote if a quorum of members are physically present at one or more
locations open to public attendance.
B.Â
In order to participate in, and vote at, a videoconference meeting,
members of the public body must be physically present at one or more
of the meeting location(s) at which the public is permitted to attend
in person, except that a member of the public body may attend, participate
and vote without being physically present where such member is unable
to be physically present due to extraordinary circumstances. Any member
participating in a meeting of a public body without being physically
present shall not be included in any quorum of the public body, unless
expressly otherwise provided by law.
(1)Â
"Extraordinary circumstances" as used in this article shall mean
and include any disability or illness, caregiving responsibilities,
or any significant or unexpected factor or event that precludes a
member of the public body from being physically present at such meeting.
(2)Â
The existence of extraordinary circumstances in any instance may
be approved by the presiding officer of the public body, and only
after a written request from the member claiming such circumstances.
No such written request shall be approved unless received by the presiding
officer and the clerk of the public body by mail, personal delivery,
or electronic mail at least 72 hours prior to the scheduled time for
the meeting. The approval of any such request shall be given no later
than 12 hours prior to the scheduled time for the meeting, and shall
be given to the member requesting such approval and the other members
of the public body by personal delivery or electronic mail as expeditiously
as feasible under the circumstances.
(a)Â
Notwithstanding the provisions of this section, where a written
request to approve an extraordinary circumstance demonstrates that
the extraordinary circumstance claimed by any member of a public body
first arose, or the member of the public body first became aware of
such circumstance, no more than 72 hours prior to the scheduled time
for the meeting, the presiding officer of such body may grant a written
approval for such member to attend and participate. Copies of such
written request and approval shall be filed with the clerk of the
body, and the details announced at the meeting.
C.Â
Except in the case of executive sessions conducted pursuant to Public
Officers Law § 105, or as otherwise expressly provided by
law, members of the public body present and participating at a meeting
by videoconference must be able to be heard, seen, and identified
at all times while such member is present, including but not limited
to any motions, proposals, resolutions, and any other matter discussed
or voted upon. Except in the case where excused by the presiding officer
for good cause, each member of the body participating by videoconference
from a location not open to the public shall be identified by such
member's full first and last name appearing on their videoconferencing
screen.
D.Â
The minutes of meetings conducted in whole or in part by videoconferencing
shall include which, if any, members of the public body participated
using videoconferencing technologies.
E.Â
Any public meeting at which videoconferencing is used shall be recorded,
and such recordings shall be posted to or linked on the Village website
within five business days after the close of the meeting and remain
so posted to or linked on the website for a minimum of five years
thereafter. Transcriptions of any such recordings shall be available
upon request pursuant to the Freedom of Information Law, and any person
requesting such transcription shall be responsible to pay or reimburse
the Village for copies of such transcriptions as permitted by the
Freedom of Information Law.
F.Â
The public notice for any meeting at which videoconferencing will
be used for attendance and participation of one or more members of
the public body shall be given as provided in the Open Meetings Law,
and shall include the following information in addition to any other
information required by law:
(1)Â
A statement that videoconferencing will be used.
(2)Â
The physical locations where any member of the public body will be
physically present or attending by videoconferencing and where the
public is permitted to attend in person, but not including any location
at which a member of the public body is attending under extraordinary
circumstances.
(3)Â
Any other locations, including electronic link information, where
members of the public may attend in person, or view and/or participate
in such meeting via videoconference.
(4)Â
The date and time, and location (physical or electronic), at which
documents and records for the meeting will be posted or available
as required by law.
G.Â
Except with respect to portions of any meeting from which the public
may be excluded, members of the public shall be permitted to view
the video broadcast of any meeting using videoconferencing simultaneously
when the meeting is conducted. This provision shall not be construed
to require video broadcasting of any meeting where not required by
law.
H.Â
At any meeting or portion of a meeting at which public comment or
participation is authorized, or required by law, members of the public
shall be able to participate in the proceedings using videoconference
technologies in real time and with the same opportunities for public
participation or testimony as in-person participation or testimony.
A.Â
Each public body may conduct meetings entirely by videoconference,
with no in-person requirement, provided that:
(1)Â
A state of emergency has been declared by the Governor of the State
of New York pursuant to Executive Law § 28; or
(2)Â
A local state of emergency has been declared by the Chief Executive
Officer of the Village pursuant to Executive Law § 24, and
the presiding officer of 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.
B.Â
Whenever a public body invokes the emergency exception as defined
in this section, and takes action at such meeting without allowing
members of the public to be physically present, at the next succeeding
meeting of the public body at which the public is permitted to attend,
the public body shall acknowledge the previous such emergency meeting(s)
and summarize any action(s) taken thereat. Minutes of each emergency
meeting shall be made available pursuant to the requirements of Public
Officers Law § 106.
A.Â
Each public body, acting by resolution at a duly convened public
meeting, may adopt additional rules and regulations for the conduct
of its meetings; provided, however, that no such rule or regulation
shall be inconsistent with:
B.Â
Nothing in this section shall be construed to limit the authority
of the Board of Trustees to adopt any local law, rule, regulation
or resolution applicable to the meetings of the Board of Trustees
or any other public body of the Village.
