NOTICE OF ADOPTION
PLEASE TAKE NOTICE that after a public hearing was held on July 9, 2022, the Board of Trustees of the Village of Dering Harbor at their meeting of July 9, 2022 adopted LOCAL LAW NO. 5 OF 2022 as follows: “Local Law adding a new Chapter 5 of the Code of the Village of Dering Harbor entitled Administration of Government with a new Article I to allow public bodies of the Village to hold meetings via videoconferencing.”
A copy of the adopted law is on file in the Village Hall, Monday, Wednesday or Friday, from 9:00 a.m. to 12 noon, or by appointment, and on the Village’s website using this link: https://ecode360.com/DE3974/laws/LF1592251.pdf
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK
FOR PUBLIC BODIES OF THE VILLAGE OF DERING HARBOR
WHEREAS, pursuant to Local Law No. 5 of 2022, adopted on July 9, 2022, the Board of Trustees of the Village of Dering Harbor authorized members of the Village’s public bodies to participate in meetings using videoconferencing technology in a manner consistent with Public Officers Law §103-a, subject to the adoption of written procedures governing member and public attendance
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby sets forth the following procedures as it relates to videoconferencing, consistent with New York State Public Officers Law §103-a:
- A minimum number of members of the public body must be present to fulfill the public body’s quorum requirement in the same physical location where the public can attend.
- 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. Extraordinary circumstances shall include disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at any such meeting.
- If a member cannot be physically present at any such meeting due to an extraordinary circumstance, the member must notify the chair of the board, in writing, at least four (4) hours prior to the posted start of said meeting, so that efforts can be made to ensure a quorum will be physically present at such meeting location.
- Except in the case of executive sessions conducted pursuant to Public Officers Law §105, 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. Thus, a member’s camera may not be turned off during the meeting.
- The minutes of the meeting shall include which, if any, members participated remotely, and shall be available to the public pursuant to Public Officers Law §106.
- 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
- of the physical location for the meeting where the public can attend.
- Each meeting shall be recorded, and such recordings shall be posted or linked on the Town’s website within five business days following the meeting and shall remain available for a minimum of five (5) years thereafter. Such recordings shall be transcribed upon request pursuant to the Freedom of Information Law.
- Members of the public shall have the opportunity to view the meeting via video, and to participate in proceedings via videoconference in real time where public comment or participation is authorized. Said videoconferencing must allow for the same public participation or testimony as in person participation or testimony.
- The public body 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 purposes of this provision, “disability” shall have the meaning defined in Executive Law §292. The Village Clerk in consultation with the Village Attorney shall ensure that any licenses entered into with vendors of virtual platforms offer services that meet these requirements.
- In the event a state of disaster emergency is declared by either the Governor, County Executive or the Mayor pursuant to Executive Law §24, the in-person requirements of paragraph (1) above shall not apply 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.
AND BE IT FURTHER RESOLVED, that these procedures may be amended, and changed as needed, by resolution of the Board of Trustees; and be it further
RESOLVED, that these procedures shall be conspicuously posted on the Village’s website for as long as videoconferencing is utilized.