N.Y. Public Officers Law § 103-a: Videoconferencing by public bodies

* § 103-a. Videoconferencing by public bodies. 1. For the purposes of

this section, "local public body" shall mean a public corporation as

defined in section sixty-six of the general construction law, a

political subdivision as defined in section one hundred of the general

municipal law or a committee or subcommittee or other similar body of

such entity, or any 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 an entity limited in the

execution of its official functions to a portion only of the state, or a

political subdivision of the state, or for an agency or department

thereof. For the purposes of this section, a public body shall be as

defined in subdivision two of section one hundred two of this article.

2. 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 and the following criteria are

met:

(a) the governing board of a county, city, town or village has adopted

a local law, or a public body has adopted a resolution, or the senate

and assembly have adopted a joint resolution, following a public

hearing, authorizing the use of videoconferencing:

(i) for itself and its committees or subcommittees; or,

(ii) specifying that each committee or subcommittee may make its own

determination;

(iii) provided however, each community board in a city with a

population of one million or more shall make its own determination;

(b) the public body has established written procedures governing

member and public attendance consistent with this section, and such

written procedures shall be conspicuously posted on the public website

of the public body;

(c) members of the public body shall 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, as set forth

in the resolution and written procedures adopted pursuant to paragraphs

(a) and (b) of this subdivision, including disability, illness,

caregiving responsibilities, or any other significant or unexpected

factor or event which precludes the member's physical attendance at such

meeting. Notwithstanding the in person quorum requirements set forth in

this subdivision, the public body may determine, through its written

procedures governing member and public attendance established pursuant

to and consistent with this section, to allow for any member who has a

disability as defined in section two hundred ninety-two of the executive

law, where such disability renders such member unable to participate

in-person at any such meeting location where the public can attend, to

be considered present for purposes of fulfilling the quorum requirements

for such public body at any meetings conducted through videoconferencing

pursuant to this section, provided, however, that the remaining criteria

set forth in this subdivision are otherwise met; and provided, further,

that the public body maintains at least one physical location where the

public can attend such meeting;

(d) except in the case of executive sessions conducted pursuant to

section one hundred five of this article, 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;

(e) the minutes of the meetings involving videoconferencing shall

include which, if any, members participated remotely and shall be

available to the public pursuant to section one hundred six of this

article;

(f) 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;

(g) the public body shall provide that 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;

(h) 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; and

(i) a local public body electing to utilize videoconferencing to

conduct its meetings must maintain an official website.

3. The in person participation requirements of paragraph (c) of

subdivision two of this section shall not apply during a state disaster

emergency declared by the governor pursuant to section twenty-eight of

the executive law, or a local state of emergency proclaimed by the chief

executive of a county, city, village or town pursuant to section

twenty-four 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.

4. No later than January first, two thousand twenty-four, the

committee on open government, created by paragraph (a) of subdivision

one of section eighty-nine of this chapter, shall issue a report to the

governor, the temporary president of the senate, the speaker of the

assembly, the chair of the senate standing committee on local

government, the chair of the senate standing committee on investigations

and government operations, the chair of the assembly standing committee

on local governments, and the chair of the assembly standing committee

on governmental operations concerning the application and implementation

of such law and any further recommendations governing the use of

videoconferencing by public bodies to conduct meetings pursuant to this

section.

5. 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. For

the purposes of this section, "disability" shall have the meaning

defined in section two hundred ninety-two of the executive law.

* NB Repealed July 15, 2028