Community Board 2’s Adopted Procedures for “Hybrid Meetings”

New York State Open Meeting Law Chapter 56 of the Laws of 2022 amended Section 103(c) and added Section 103-a of Public Officers Law ("the Open Meetings Law", which will be effective June 9, 2022, and will sunset July 2024). 

Pursuant to Public Officers Law § 103-a (2)(b), Community Board 2, Staten Island will adopt the following procedures governing member and public attendance at meetings conducted by use of videoconferencing (the Procedures).  

These Procedures shall apply to all public meetings of the Board conducted by use of videoconferencing and to all public meetings of any committee or subcommittee of the Board.  

Each member of the Board who wishes to attend and participate in a public meeting of the Board shall be physically present at a meeting location that is open to the public and identified in the public notice for such meeting.    

If, due to extraordinary circumstances, a member of the Board who wishes to attend and participate in a meeting is unable to be physically present at a meeting location that is identified in the public notice and open to the public, such member may submit a written request to the Executive Committee to attend the meeting via videoconference from a location that is not open to the public.  The written request must be submitted two weeks prior to the meeting to allow the public notice for the meeting to be revised to indicate that the meeting will be conducted by use of videoconferencing) and must identify the general nature of the extraordinary circumstance that causes such a member to be unable to be physically present at a meeting location that is open to the public and identified in the public notice.     

Extraordinary circumstances shall include 

1. Disability
2. Illness
3. Caregiving responsibilities; and
4. Any other significant or unexpected factor or event that precludes such member’s physical attendance at such meeting at a meeting location that is open to the public.

Regardless of the provisions in these procedures that permit members to attend a meeting via videoconference from a location that is not open to the public, the Board shall not be permitted to conduct a meeting unless the number of members physically present at the location(s) where the public can attend is at least equal to the minimum number of members necessary to fulfill the Board’s quorum requirement. If such quorum requirement is satisfied, the members physically present at location(s) where the public can attend, and the member(s) attending the meeting via videoconference from location(s) not open to the public may participate in the meeting and vote at the meeting.     

When videoconferencing is used to conduct a meeting, then except in the case of executive sessions, the Board shall ensure that each member participating in the meeting, whether at a location where the public can attend or from a remote location that is not open to the public, 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. 

Members participating from a remote location shall ensure that their visual and audio connections are operational and must identify their full name on the videoconferencing software so that it appears on the screen.  

A member who is qualified to participate in a meeting from a remote location that is not open to the public shall not be permitted to participate in the meeting from such remote location if the member’s visual and audio connections are not operational and/or do not permit such member to be heard, seen, and identified, while the meeting is being conducted.    

Members participating from a remote location shall ensure that their visual and audio connections are operational and must identify their full name on the videoconferencing software so that it appears on the screen. A member who is qualified to participate in a meeting from a remote location that is not open to the public shall not be permitted to participate in the meeting from such remote location if the member’s visual and audio connections are not operational and/or do not permit such member to be heard, seen, and identified, while the meeting is being conducted.    

When videoconferencing is used to conduct a meeting, the meeting minutes must  identify which, if any, member(s) participated remotely and shall be available to the public pursuant to Section 106 of the Public Officers Law.    

When videoconferencing is used to conduct a meeting, the public notice for the meeting must inform the public that videoconferencing will be used; must specify where the public can view the meeting (and when public participation in the meeting is authorized, shall specify where the public can view and/or participate in the meeting); shall identify the physical location(s) for the meeting where the public can attend; and shall otherwise comply with all applicable requirements of the Open Meetings Law.    

When videoconferencing is used to conduct a meeting, the meeting shall be recorded, the recording of the meeting shall be posted or linked on Community Board 2’s website.  Minutes of meetings where there was virtual participation must be posted within the time set forth in Sec. 106 of the POL (two weeks).  

When videoconferencing is used to conduct a meeting, the public may attend the meeting at any location that is open to the public and, in addition, the Board shall provide the opportunity for members of the public to view such meetings via video.  Videoconferencing authorizes the same public participation or testimony as in-person participation or testimony.    

When videoconferencing is used to conduct a meeting, the Board requires members of the public who wishes to attend the meeting remotely by videoconference to register for the meeting by filling out the webinar registration form on CB2’s website – nyc.gov/sicb2.    

Neither the in-person participation requirements of these procedures nor the in-person quorum requirements of these procedures shall apply during a State Disaster Emergency declared by the Governor pursuant to New York State Open Meeting Law Chapter 56 of the Laws of 2022 amended Section 103(c) and added Section 103-a of Public Officers Law ("the Open Meetings Law.)