2022 New York Laws
PBO - Public Officers
Article 7 - Open Meetings 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 1, 2024