Amd 102, 103, 104 & 106, rpld 103 sub (c), Pub Off L
Provides for the conducting of meetings by public bodies through the use of videoconferencing or other electronic means; sets rules and procedures related thereto.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9268
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the public officers law, in relation to providing for
the conducting of meetings by public bodies through the use of videocon-
ferencing or other electronic means; and to repeal certain provisions of
the public officers law, relating thereto
PURPOSE:
This proposal authorizes both State and local public to conduct their
meetings in a hybrid-virtual manner, utilizing videoconferencing or
other electronic means, pursuant to meeting certain requirements.
SUMMARY OF PROVISIONS:
Section 1: Establishes a new definition for local public bodies, to mean
any entity for which a quorum is required in order to conduct public
business and which consists of two or more members, performing a govern-
mental 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. Applies technical
changes to existing Open Meetings Law (OML) provisions to include "or
other electronic means".
Section 2: Provides the authorization for State and local public bodies
to utilize videoconferencing or other electronic means to conduct busi-
ness pursuant to OML if the following conditions are met: (i) a quorum
of members attend all open meetings in person at a public site, and may
allow other members of the body to fully participate remotely, including
being counted for attendance and voting, pursuant to rules approved by
such public body; (ii) the public has the ability to view or listen to
meetings and, where appropriate, provide real-time comments;(iii) the
minutes of the meeting are recorded and later transcribed;(iv) all
required documents and records utilized at the meeting are available in
an electronic format on the internet and upon request within twenty-four
hours;(v)each notice of a hybrid virtual meeting clearly provides
instructions for participants to access the meeting, locate necessary
documentation for the meeting and submit comments and notice to the
general public;(vi)at least twenty-four hours prior to the meeting, the
public body conducting the meeting identifies an individual to serve as
a public point of contact for the meeting to address any questions
and/or concerns members of the public or the press ma y have regarding
the meeting;(vii) the videoconferencing or other electronic means
utilized to condUct the hybrid virtual meeting satisfy basic security
and performance standards in accordance with this proposal; and (viii)
any local public body maintaining a website, utilizing a high speed
internet connection, and utilizing videoconferencing is required to
stream all open meetings and public hearings on its official website in
real-time.
This section also requires public bodies to provide an opportunity for
the public to comment in real time by any available means during .the
time allocated for public comment. Public bodies must adopt and make
publicly available rules or policies that are reasonable and treat all
members of the public equally, regarding public comment in any meeting
of a public body that is open to the public, utilizes videoconferencing
or other electronic means to conduct business, and allows for public
comment.
The Committee on Open Government would be required to establish advisory
guidelines governing public body rules and policies at open public body
meetings that allow for public comment, including, but not limited to,
guidelines regarding how a public body may moderate real time public
comment and guidelines establishing the best practices and standards
regarding real time public comment at public body meetings that are open
to the public and which utilize videoconferencing or other electronic
means for conducting business. The Committee on Open Government, in
conjunction with the Office of Information Technology Services, is
required to establish advisory guidelines governing public bodies on the
basic security and technology performance requirements relating to
videoconferencing services and other electronic means utilized to
conduct open meetings.
Section 3: Establishes notice and streaming requirements for virtual
hybrid meetings-including requiring all public bodies maintaining a
website and utilizing a high speed internet connection shall be
required, to the extent practicable, to stream all open meetings and
public hearings on its official website in real-time.
Section 4: Provides requirements for minutes and the recording and tran-
scription of meeting minutes. Each public body must post video real-time
on its website within five business days of the meeting or hearing and
must maintain recordings for at least five years. The minutes of a meet-
ing are to reflect whether the meeting was conducted by videoconferenc-
ing or other electronic means in whole or in part, what videoconferenc-
ing services or other electronic means were used to conduct the meeting,
which if any members participated by videoconference or other electronic
means, when each member participating by videoconferencing or other
electronic means joined or left the meeting, and any interruptions in or
suspensions of the meeting due to technical problems with the videocon-
ferencing services or other electronic means supporting the meeting.
Section 5: Provides an immediate effective date.
JUSTIFICATION:
The current authorization for virtual meetings was granted pursuant to
an Executive Order extending provisions of Chapter 1 of the Laws of 2022
- which is set to expire April 15, 2022.
In mid-March, when Executive Order 11.3 was set to expire on March 15,
2022, approximately 15 advocacy groups called on the State Legislature
and the Governor to amend Open Meeting Law to allow for hybrid open
meetings, emphasizing their importance for members of the disabled
community and parents of young children. In response to advocates and at
the request of many local public bodies, the Executive extended Execu-
tive Order 11 in Executive Order 11.4, to allow for the temporary
authorization to conduct meetings virtually for another month.
Yet again the State is facing the expiration of another temporary Execu-
tive authorization to bypass Open Meetings Law provisions and hold meet-
ings virtually. This legislation would provide a means for hybrid virtu-
al meetings to continue indefinitely.
