RESOLUTION
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MINORITY LEADER BREEN, MAJORITY WHIP NORMAN, COUNCILMEMBERS DIAZ, PINEDA-ISAAC AND HODGES.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YONKERS AMENDING ITS WRITTEN PROCEDURES GOVERNING THE USE OF VIDEOCONFERENCING AND ITS RULES OF PROCEDURE TO INCORPORATE THESE WRITTEN PROCEDURES
WHEREAS, enacted in April 2022 as part of the FY2023 state budget, § 103-a was added to the New York Public Officers Law via Chapter 56 of the Laws of 2022, amending the Open Meetings Law of the State of New York and establishing rules for videoconferencing, including requirements for a physical quorum and public access; and
WHEREAS, following a public hearing, on November 9, 2022, in compliance with New York Public Officers Law § 103-a(2)(a), the City Council of the City of Yonkers by Local Law [_________] authorized its use of videoconferencing as described in New York Public Officers Law § 103-a and by Resolution [_________] adopt written procedures for a remote meeting; and
WHEREAS, the adopted written procedures were established to satisfy the requirement of New York Public Officers Law § 103-a(2)(b), that a public body adopt written procedures governing the use of videoconferencing consistent with POL § 103-a; and
WHEREAS, amendments were made to New York Public Officers Law § 103-a(2)(a) in 2023/2024, to strengthen the requirement for a physical, in-person quorum at the primary meeting location while still allowing for virtual participation in specific, defined circumstances by providing that the in person participation requirements of the law not apply during a state disaster emergency declared by the governor or a local state of emergency proclaimed by the chief executive of a county, city, village or town, if the public body determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting; and
WHEREAS, the above-described 2023/2024 amendments also extended a sunset provision in the law from July 1, 2024, to July 1, 2026; and
WHEREAS, the City Council of the City of Yonkers adopted Rules of Procedures for 2026-2027 on January 1, 2026, which (among other things) govern the conduct of its meetings; and
WHEREAS, Yonkers City Council now wishes to amend its written procedures for a remote meeting to reflect the amendments made to New York Public Officers Law § 103-a(2)(a) at the State level and to incorporate its written procedures within its Rules of Procedures, where they relate to the conduct of meetings.
NOW, THEREFORE, BE IT
RESOLVED, that Section II of the Yonkers City Council Rules of Procedure for 2026-2027 is hereby amended by adding a new paragraph 2.8, to read as follows:
2.8 REMOTE MEETINGS
The City Council of the City of Yonkers, its committees and its subcommittees (hereinafter, each being a “public body”), may use videoconferencing to conduct meetings in accordance with the requirements of § 103-a of the New York Public Officers Law (the “POL”) provided that, except as otherwise provided below, a minimum number of members are present to fulfill the public body’s quorum requirement in the same physical location or locations where the public can attend and where the following criteria are met:
(a) Members of the public body shall be physically present at any such meeting unless such member is unable to be physically present at any such meeting location due to extraordinary circumstances which shall include disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting (each being an “extraordinary circumstances”); and
(b) Notwithstanding subparagraph (a) above, the in person requirements hereof shall not apply during a state disaster emergency declared by the governor or in the event of a local state of emergency proclaimed by the County Executive of Westchester County or the Mayor of the City of Yonkers if the City Council of the City of Yonkers determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting; and
(c) Except in the case of executive sessions conducted pursuant to POL § 105, the public body shall ensure that members of the public body 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; and
(d) The minutes of the meetings involving videoconferencing shall include which, if any, members participated remotely and shall be available to the public pursuant to POL § 106 of this article; and
(e) If videoconferencing is used to conduct a meeting, the public notice for the meeting shall inform the public that videoconferencing will be used, where the public can view and/or participate in such meeting, where required documents and records will be posted or available, and identify the physical location for the meeting where the public can attend; and
(f) The member who shall not be physically present at the meeting must notify the president, chair, or the equivalent of the public body not later than four (4) business days prior to the scheduled meeting in order for proper notice to the public to be given. If extraordinary circumstances present themselves on an emergent basis within four (4) days of a meeting, the public body shall update its notice as soon as practicable to include that information. If it is not practicable for the public body to update its notice, the public body may reschedule its meeting; and
(g) The public body shall provide that each meeting conducted using videoconferencing be recorded and such recordings posted or linked on the public website of the public body within five (5) business days following the meeting, and they shall remain so available for a minimum of five (5) years thereafter. Such recordings shall be transcribed upon request; and
(h) If videoconferencing is used to conduct a meeting, the public body shall provide the opportunity for members of the public to view such meeting via video and to participate in proceedings via videoconference in real time where public comment or participation is authorized, and it shall ensure that videoconferencing permits the same public participation or testimony as in person participation or testimony; and
(i) When utilizing videoconferencing to conduct meetings, the City of Yonkers must maintain an official website in keeping with the provisions of POL § 103-a; and
(j) If there is a quorum of members at a physical location(s) open to the public, a member who is participating from a remote location that is not open to in-person physical attendance by the public:
a. as a result of extraordinary circumstances, shall not count toward a quorum of the public body but may participate and vote; or
b. for reasons other than extraordinary circumstances, shall not count toward a quorum of the public body and shall not vote, but may participate at the meeting; and
(k) Notwithstanding the foregoing, any member who has a disability, as defined in New York Executive Law § 292, where such disability renders such member unable to participate in-person at any such meeting location where the public can attend, shall be considered present for purposes of fulfilling applicable quorum requirements for such public body at any meetings conducted through videoconferencing pursuant to this section, provided, however, that the remaining criteria set forth in this paragraph 2.8 are otherwise met; and provided, further, that the public body maintains at least one physical location where the public can attend such meeting.
RESOLVED, that this resolution shall take effect immediately.