HomeMy WebLinkAbout2022_6_23_Local_Law_No_3 Local Law No. 3- 2022
This local law shall be known as the "Implementation of Videoconferencing by Public Bodies in
the Town of Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
On April 9, 2022, Governor Hochul signed into law a bill that adds section 103-a to the
Public Officers Law. That amendment allows local communities when extraordinary
circumstances exist, to expand the use of videoconferencing when conducting open meetings even
when no emergency is declared. This local law adds a chapter to the Town Code that implements
this amendment to the Public Officers Law.
Section 2-Addition of a chapter to the Mamaroneck Code:
The Code of the Town of Mamaroneck hereby is amended to add the following new
chapter:
Chapter 228 Videoconferencing of Public Meetings
§228-1 Definitions.
§228-2 Discretion to use videoconferencing.
§228-3 Requirement to attend; excuse for not being physically present.
§228-4 Public notice of videoconferencing.
§228-5 Videoconferencing.
§228-6 Requirements for the videoconferencing media.
§228-7 Minutes.
§228-8 Recordings of a meeting where videoconferencing is used.
§228-9 Compliance with the written procedure requirement.
§228-10 Exemption.
§228-11 Sunset provision.
§228-1 Definitions.
Unless otherwise expressly stated, wherever used in this chapter, the following terms shall have
these meanings:
EXECUTIVE SESSION
The same meaning as that term has in New York Public Officers Law§ 105.
EXTRAORDINARY CIRCUMSTANCES
A disability, a hospitalization, an illness, caregiving responsibilities, exposure to a serious
communicable disease, the hospitalization, death or illness of a relative or a significant or
unexpected factor or event that prevents a member of a public body from being physically present
at the location of such public body's meeting.
PUBLIC BODY
The Town Board, the Board of Appeals, the Board of Architectural Review, the Board of
Assessment Review, the Planning Board, the Recreation Commission and the Town of
Mamaroneck Housing Authority.
§228-2 Discretion to use videoconferencing.
At its discretion, a public body may employ videoconferencing during any meeting that is
required to be open to the general public pursuant to article 7 of the New York Public Officers
Law even in the absence of a declaration of emergency, provided that a quorum of the members of
a public body are present in the same physical location where members of the public can attend
such meeting and such body complies with this chapter.
§228-3 Requirement to attend; excuse for not being physically present.
Members of the public body shall be physically present at the location of such meeting unless a
member is unable to be physically present due to extraordinary circumstances. If the public body
exercises its discretion under § 228-2 of the Code, a member of the public body who is not
physically present at the location of such meeting due to extraordinary circumstances may
participate at such meeting and vote on any matters on which the public body votes by means of
videoconferencing. The extraordinary circumstance preventing that member's physical attendance
shall be announced during the meeting.
§228-4 Public notice of videoconferencing.
If it is contemplated that videoconferencing will be used at a meeting, the public notice for that
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 be
available and identify the physical location where the public can attend the meeting.
§228-5 Videoconferencing.
A. 'Except in the case of executive sessions, the videoconferencing shall enable members of
the public body to be heard, seen and identified while the meeting is being conducted,
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including those portions of the meeting where any motions, proposals, resolutions and any
other matter are discussed and voted upon.
B. Members of the public shall have the opportunity to view such meeting through video and
to participate by way of videoconferencing in real time at times when public comment or
participation is authorized by law or by the procedural rules of the public body in a way
similar to the way members of the public who are physically present at the meeting are
allowed to comment or participate at such meeting.
§228-6 Requirements for the videoconferencing media.
The videoconferencing media shall utilize technology that permits access by members of the
public with disabilities in a manner that is consistent with the 1990 Americans with Disabilities
Act, as amended, and its corresponding guidelines and regulations.
§228-7 Minutes.
The minutes of any meeting where videoconferencing is used shall include which members
participated remotely and shall be made available to the members of the public pursuant to New
York Public Officers Law§ 106.
§228-8 Recordings of a meeting where videoconferencing is used.
The public body shall provide that each meeting where videoconferencing is used be recorded and
that such recording be posted or linked on the public website of the Town of Mamaroneck within
five business days following the meeting. The recording shall not contain discussions during an
executive session or during recesses to obtain advice of counsel. The recording shall remain
available on the website for a minimum of five years after the meeting was adjourned. Such
recordings shall be transcribed upon request at a cost equivalent to the rate charged by a court
reporter for transcribing the minutes of a trial or hearing.
§228-9 Compliance with the written procedure requirement.
This local law is deemed to be the written procedures governing member and public attendance
required by New York Public Officers Law § 103-a (2) (b). It shall be posted conspicuously on the
Town of Mamaroneck's web site.
§228-10 Exemption.
The requirement for physical presence by members of a public body contained in § 228-3 of the
Code shall not apply during a state disaster emergency declared by the Governor pursuant to
section twenty-eight of the New York Executive Law, or a local state of emergency proclaimed by
the County Executive of Westchester County or the Supervisor of the Town of Mamaroneck
pursuant to section twenty-four of the New York Executive Law, if the public body determines
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that the circumstances that led to the declaration of a state disaster emergency or a local state of
emergency would affect or impair the ability of the public body to conduct an in-person meeting.
§228-11 Sunset provision.
This local law shall expire and be deemed repealed on July 1, 2024.
Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4- Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
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