Notice of Change regarding NYS Open Meetings Law

The New York State Legislature now requires that use of videoconferencing requires the local public body pass a local law and establish written procedures for videoconferencing. If a local public body authorizes videoconferencing for meetings, it must establish written procedures governing both member and public attendance consistent with the statute. Written procedures must be conspicuously posted on the local public body’s website. Maintaining an official website is required if the local public body elects to conduct meetings via videoconferencing. Members of the local public body must be physically present at the meeting unless the member is unable due to extraordinary circumstances. The local law authorizing videoconferencing for meetings must address what circumstances are permissible to excuse physical attendance. These include, for example, “disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting.” Such meetings by videoconferencing will be recorded and the recording shall be posted or linked on the local public body’s website within five (5) business days. Recordings must remain available for a minimum of five (5) years thereafter, and shall be transcribed upon request. Following the meeting, the minutes of any meeting conducted through videoconferencing must reflect which members, if any, attended remotely, and these must be made available to the public under the Freedom of Information Law. The videoconferencing platform used must comply with the Americans with Disabilities Act, as amended, along with corresponding guidelines.

After reviewing the new legal requirements for videoconferencing, availability of quality in-house audio and video technology, current staffing levels and budgetary limitations; it is currently not possible for the Town of Hurley to comply with the changes to the law. The Town of Hurley boards and committees shall return to in-person meetings without videoconferencing. We recognize that this is not optimal and will do our best to record meetings and post them for public viewing as quickly as possible following the meeting.