How can school boards videoconference and honor the Open Meetings Law? |
On Board Online • November 7, 2022
By Ben Greenberg
Marketing Manager/Copywriter
Kristin O'Neill, assistant director of the state Committee on Open Government, spoke at NYSSBA's 2022 Annual Convention & Education Expo about a state law that protects the public's right to attend meetings of public bodies. During a presentation entitled, "Government in the Sunshine," O'Neill gave an overview of New York State's Public Officers Law, Article 7, otherwise known as the Open Meetings Law (OML), and how it applies to school board meetings.
She covered quorums, public notice, records availability, minutes, recording meetings, executive session and the ramifications of non-compliance. But the bulk of her presentation was spent updating attendees on changes to the law related to the use of videoconferencing.
O'Neill gave a brief history of the law, which was passed in 1976 to ensure that "the public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy." On April 9, 2022, Gov. Kathy Hochul signed a bill that included an amendment to the OML that made semi-permanent (until July 1, 2024) the expanded use of videoconferencing by public bodies to conduct open meetings, under extraordinary circumstances, regardless of a declaration of emergency.
O'Neill explained that there are two ways to use videoconferencing technology to conduct an open meeting. One method is to connect multiple physical locations that are open to in-person public attendance, and the other is to allow a member of a public body to participate from a private location through videoconferencing under extraordinary circumstances. The new amendment only applies when public bodies are using the second method. "You have to have an in-person quorum before you can think about using videoconferencing," said O'Neill. She also noted that a school board should adopt a resolution and written procedures governing the use of videoconferencing, which should be clearly posted on the district website. If a state of disaster or emergency has been declared, videoconferencing may be used without the in-person quorum requirements.
When videoconferencing is used to conduct a public meeting, the public must be informed that it will be used at least 72 hours prior to the meeting. The public must be informed about where they can view and participate, where required documents and records are made available, and where the public can attend the meeting in person. She also noted the board member on video must be heard, seen and identified by the public at all times during the meeting. Further, any public body using videoconferencing must maintain an official website and use technology to permit access in accordance with the Americans with Disabilities Act.
She went on to note that "the public body shall provide that each meeting conducted using "extraordinary circumstances" videoconferencing shall be recorded and such recordings posted or linked on the public website of the public body within five business days following the meeting. Addressing concerns some districts might have with storage space on their website, she said, "We post ours on YouTube; that solves the storage issue."
An audience member asked if the 72-hour rule applied if a board member got sick right before the meeting and needed to stay home. "If the meeting notice didn't mention the extraordinary circumstance, that member probably can't participate," said O'Neill. In response to further questioning by the audience, she suggested that you can make videoconferencing a permanent option for all meetings through a resolution, "but then you always must have videoconferencing available for public participation."
With respect to the videoconferencing updates to the OML, O'Neill noted that "no later than January 1, 2024, the Committee on Open Government, shall issue a report to the governor and the legislature concerning the application and implementation of this amendment and any further recommendations governing the use of videoconferencing by public bodies to conduct meetings pursuant to this section."
The Committee on Open Government is open to feedback on videoconferencing, she said. "We do ask that as boards start using this provision, let us know how it's going ... what has worked and what can be improved," she said.