N.Y. PBO Law § 103-A — New York Code / Act PBO / Article 7 / Section 103-A
Videoconferencing by public bodies
Status: in_force

* § 103-a. Videoconferencing by public bodies. 1. For the purposes of\nthis section, "local public body" shall mean a public corporation as\ndefined in section sixty-six of the general construction law, a\npolitical subdivision as defined in section one hundred of the general\nmunicipal law or a committee or subcommittee or other similar body of\nsuch entity, or any entity for which a quorum is required in order to\nconduct public business and which consists of two or more members,\nperforming a governmental function for an entity limited in the\nexecution of its official functions to a portion only of the state, or a\npolitical subdivision of the state, or for an agency or department\nthereof. For the purposes of this section, a public body shall be as\ndefined in subdivision two of section one hundred two of this article.\n  2. A public body may, in its discretion, use videoconferencing to\nconduct its meetings pursuant to the requirements of this article\nprovided that a minimum number of members are present to fulfill the\npublic body's quorum requirement in the same physical location or\nlocations where the public can attend and the following criteria are\nmet:\n  (a) the governing board of a county, city, town or village has adopted\na local law, or a public body has adopted a resolution, or the senate\nand assembly have adopted a joint resolution, following a public\nhearing, authorizing the use of videoconferencing:\n  (i) for itself and its committees or subcommittees; or,\n  (ii) specifying that each committee or subcommittee may make its own\ndetermination;\n  (iii) provided however, each community board in a city with a\npopulation of one million or more shall make its own determination;\n  (b) the public body has established written procedures governing\nmember and public attendance consistent with this section, and such\nwritten procedures shall be conspicuously posted on the public website\nof the public body;\n  (c) members of the public body shall be physically present at any such\nmeeting unless such member is unable to be physically present at any\nsuch meeting location due to extraordinary circumstances, as set forth\nin the resolution and written procedures adopted pursuant to paragraphs\n(a) and (b) of this subdivision, including disability, illness,\ncaregiving responsibilities, or any other significant or unexpected\nfactor or event which precludes the member's physical attendance at such\nmeeting. Notwithstanding the in person quorum requirements set forth in\nthis subdivision, the public body may determine, through its written\nprocedures governing member and public attendance established pursuant\nto and consistent with this section, to allow for any member who has a\ndisability as defined in section two hundred ninety-two of the executive\nlaw, where such disability renders such member unable to participate\nin-person at any such meeting location where the public can attend, to\nbe considered present for purposes of fulfilling the quorum requirements\nfor such public body at any meetings conducted through videoconferencing\npursuant to this section, provided, however, that the remaining criteria\nset forth in this subdivision are otherwise met; and provided, further,\nthat the public body maintains at least one physical location where the\npublic can attend such meeting;\n  (d) except in the case of executive sessions conducted pursuant to\nsection one hundred five of this article, the public body shall ensure\nthat members of the public body can be heard, seen and identified, while\nthe meeting is being conducted, including but not limited to any\nmotions, proposals, resolutions, and any other matter formally discussed\nor voted upon;\n  (e) the minutes of the meetings involving videoconferencing shall\ninclude which, if any, members participated remotely and shall be\navailable to the public pursuant to section one hundred six of this\narticle;\n  (f) if videoconferencing is used to conduct a meeting, the public\nnotice for the meeting shall inform the public that videoconferencing\nwill be used, where the public can view and/or participate in such\nmeeting, where required documents and records will be posted or\navailable, and identify the physical location for the meeting where the\npublic can attend;\n  (g) the public body shall provide that each meeting conducted using\nvideoconferencing shall be recorded and such recordings posted or linked\non the public website of the public body within five business days\nfollowing the meeting, and shall remain so available for a minimum of\nfive years thereafter. Such recordings shall be transcribed upon\nrequest;\n  (h) if videoconferencing is used to conduct a meeting, the public body\nshall provide the opportunity for members of the public to view such\nmeeting via video, and to participate in proceedings via videoconference\nin real time where public comment or participation is authorized and\nshall ensure that videoconferencing authorizes the same public\nparticipation or testimony as in person participation or testimony; and\n  (i) a local public body electing to utilize videoconferencing to\nconduct its meetings must maintain an official website.\n  3. The in person participation requirements of paragraph (c) of\nsubdivision two of this section shall not apply during a state disaster\nemergency declared by the governor pursuant to section twenty-eight of\nthe executive law, or a local state of emergency proclaimed by the chief\nexecutive of a county, city, village or town pursuant to section\ntwenty-four of the executive law, if the public body determines that the\ncircumstances necessitating the emergency declaration would affect or\nimpair the ability of the public body to hold an in person meeting.\n  4. No later than January first, two thousand twenty-four, the\ncommittee on open government, created by paragraph (a) of subdivision\none of section eighty-nine of this chapter, shall issue a report to the\ngovernor, the temporary president of the senate, the speaker of the\nassembly, the chair of the senate standing committee on local\ngovernment, the chair of the senate standing committee on investigations\nand government operations, the chair of the assembly standing committee\non local governments, and the chair of the assembly standing committee\non governmental operations concerning the application and implementation\nof such law and any further recommendations governing the use of\nvideoconferencing by public bodies to conduct meetings pursuant to this\nsection.\n  5. Open meetings of any public body that are broadcast or that use\nvideoconferencing shall utilize technology to permit access by members\nof the public with disabilities consistent with the 1990 Americans with\nDisabilities Act (ADA), as amended, and corresponding guidelines. For\nthe purposes of this section, "disability" shall have the meaning\ndefined in section two hundred ninety-two of the executive law.\n  * NB Repealed July 15, 2028\n