2325 Videoconferencing of Board Meetings

1. Videoconferencing – Location Open to the Public

Members of the Board of Education may attend Board meetings by videoconferencing, if their location is open to the public, and appropriate public notice has been given. Such members may participate in all aspects of the meeting, including establishing a quorum, discussions, and voting. Board members participating via videoconference must disclose the total number of people in attendance at that location. To promote the highest degree of confidentiality during executive session, such Board members must sign an affidavit that the only people, if any, present in the room during the executive session were authorized to be there.

The District will make all reasonable efforts to ensure that the facility of the primary meeting site provides barrier-free access to the physically handicapped and accommodates all members of the public who wish to attend. Sites where a member participates via videoconference which are open to the public are not required to comply with these conditions.

1. Videoconferencing Under Extraordinary Circumstances (Public Officers Law Section 103-a) – Locations Not Open to the Public

Board members are permitted to participate in meetings via videoconferencing under extraordinary circumstances, in accordance with State law and this policy. Extraordinary circumstances include disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the members’ physical attendance at the meeting.

To utilize videoconferencing under extraordinary circumstances, a quorum of Board members must be present in the same physical location(s) where the public can attend the meeting. Board members videoconferencing under extraordinary circumstances can participate in meeting discussions and voting, and their locations are not required to be open to the public, but they do not count towards a quorum unless their locations are open to the public.

However, the Board permits board members who have a disability that renders them unable to participate in-person in any location where the public can attend to count toward fulfilling a quorum, as long as the District maintains at least one physical location where the public can attend the meeting. For purposes of this paragraph, disability is as defined in Executive Law §292; (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, (b) a record of such an impairment, or (c) a condition regarded by others as such an impairment.

The in-person quorum requirement will not apply in the event of a declared state disaster emergency or local state of emergency, if the District determines that such emergency would affect or impair the District’s ability to hold an in-person meeting.

To participate via videoconference under extraordinary circumstances, Board members must notify the Board President or Superintendent as soon as the need arises, stating the extraordinary circumstance, no later than four business days prior to the meeting, in order to give proper notice to the public. The District will also notify the Board officers. If extraordinary circumstances arise within four business days prior to the meeting, the District will update its public notice as soon as practicable. If the District cannot update its public notice, the District may reschedule its meeting. Such notification may be made by any means (e.g., phone, electronically, in writing or in person), but the Board member should receive confirmation, so they know the request was received and approved.

If more than one Board member wishes to participate in the same meeting by videoconferencing under extraordinary circumstances, the District will consider the need for a quorum at locations where the public may attend. The District may reschedule meetings if appropriate.

The District will give public notice of meetings using videoconferencing under extraordinary

circumstances.

This policy or the District’s written procedures for videoconferencing under extraordinary circumstances if a separate document, will be posted on the District website.

Except for properly convened executive sessions, all Board members (i.e., those attending both in person and via videoconferencing) must be able to be heard, seen and identified (e.g., their first and last name shown) during the meeting, including all motions, proposals, resolutions or any other matter formally discussed or voted upon.

All meetings that are broadcast or utilize videoconference technology will utilize technology that permits access by members of the public with disabilities, consistent with the Americans with Disabilities Act, as amended.

For all meetings involving videoconferencing under extraordinary circumstances, the District will provide members of the public the opportunity to view the meeting via video and participate in public comment via videoconference where public comment is authorized, to the same extent as in-person comment.

Minutes of meetings involving videoconferencing under extraordinary circumstances will include which members participated remotely.

All meetings where videoconferencing under extraordinary circumstances is used will be recorded, except those portions held in executive session. Recordings will be posted or linked on the District website within five business days of the meeting and remain posted or linked for at least five years after the meeting. Recordings will be transcribed upon request.

Cross Ref: 1230, Public Participation at Board Meetings

2310, Regular Board Meetings

2320, Special Board Meetings

2340, Notice of Meetings

2360, Minutes

Ref: Public Officer’s Law §§102; 103; 103-a; 104

NYS Department of State, Committee on Open Government, Advisory Opinion OMLAO-#5575 (3/6/2018)

“Questions and Answers, Chapter 56 of the Laws of 2022,” NYS Committee on Open Government, https://opengovernment.ny.gov/system/files//documents/2022/05/chapter-56-of-the-laws-of-2022-guidance-document-05-20-22.pdf

Adoption Date: 07/06/23

Revised Approved by the Board of Education: 11/21/24

 

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