Video meetings in New York: authorization, public access and recording
Short answer
Under Public Officers Law § 103-a, a New York board may use video after a local law or resolution, adopted following a public hearing, authorizes it and written procedures are posted. A quorum attends in person where the public can attend, and a member joins remotely only in extraordinary circumstances. Each video meeting is recorded and posted within five business days. The official text marks the section as repealed on July 15, 2028.(N.Y. Pub. Off. Law § 103-a(2))
Where this fits in your meeting cycle: Clarivis is software that helps a board follow these steps: it counts the notice deadline for each meeting set in Clarivis a week or more ahead, shows the minutes deadline for each meeting and drafts the minutes for your board to correct and approve; it does not post the notice or send it to the news media for you.
See how Clarivis helpsQuestions on this page
Can a board meet by video?
Under § 103-a, yes, if it is authorized and meets the conditions. The law lets a public body use videoconferencing in its discretion, provided enough members to make a quorum are present in person at a location or locations where the public can attend:
Statute text
“A public body may, in its discretion, use videoconferencing to conduct its meetings pursuant to the requirements of this article provided that 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”
The first condition is an adopted authorization, after a public hearing:
Statute text
“the governing board of a county, city, town or village has adopted a local law, or a public body has adopted a resolution, or the senate and assembly have adopted a joint resolution, following a public hearing, authorizing the use of videoconferencing”
The authorization can cover the body and its committees or subcommittees, or leave each committee to decide for itself. The second condition is written procedures:
Statute text
“the public body has established written procedures governing member and public attendance consistent with this section, and such written procedures shall be conspicuously posted on the public website of the public body”
A local public body that uses videoconferencing must also keep an official website (§ 103-a(2)(i)).
Who may join remotely?
Members are expected to attend in person. A member joins remotely only in extraordinary circumstances that the resolution and written procedures set out:
Statute text
“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, as set forth in the resolution and written procedures adopted pursuant to paragraphs (a) and (b) of this subdivision, including disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting.”
A member with a disability may be treated differently for the quorum, if the board's procedures say so:
Statute text
“the public body may determine, through its written procedures governing member and public attendance established pursuant to and consistent with this section, to allow for any member who has a disability as defined in section two hundred ninety-two of the executive law, where such disability renders such member unable to participate in-person at any such meeting location where the public can attend, to be considered present for purposes of fulfilling the quorum requirements”
The board must still keep at least one physical location where the public can attend. For any other remote member, the quorum has to be present at the public location or locations without them. See also what counts as a meeting for the quorum.
During a state disaster emergency, or a local state of emergency, the in-person rule for members does not apply if the board decides the emergency would affect or impair its ability to meet in person (§ 103-a(3)).
What must the notice say?
Any notice for a video meeting says that videoconferencing will be used, identifies the locations for the meeting and states that the public may attend at any of them (§ 104(4), (5)). Under § 103-a it says more:
Statute text
“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”
If the meeting will also be streamed live, the notice gives the web address of the stream (§ 104(5)). See the notice guide for the rest of the notice rules.
How does the public watch and take part?
The board lets the public view the meeting by video, and take part in real time where public comment is allowed:
Statute text
“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 shall ensure that videoconferencing authorizes the same public participation or testimony as in person participation or testimony”
Members must be seen, heard and identified, except in an executive session:
Statute text
“except in the case of executive sessions conducted pursuant to section one hundred five of this article, 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”
A meeting that is broadcast or uses videoconferencing has to be accessible to people with disabilities:
Statute text
“Open meetings of any public body that are broadcast or that use videoconferencing shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines.”
What goes in the minutes?
Statute text
“the minutes of the meetings involving videoconferencing shall include which, if any, members participated remotely and shall be available to the public pursuant to section one hundred six of this article”
See the minutes guide.
Does a video meeting have to be recorded?
Yes:
Statute text
“the public body shall provide that each meeting conducted using 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, and shall remain so available for a minimum of five years thereafter. Such recordings shall be transcribed upon request”
What changes in 2028?
Section 103-a is marked in the official text as repealed on July 15, 2028. The official text of § 103(c) also changes on that date. Today it reads:
Statute text
“A public body shall provide an opportunity for the public to attend, listen and observe meetings in at least one physical location at which a member participates.”
From July 15, 2028 it reads: "A public body that uses videoconferencing to conduct its meetings shall provide an opportunity for the public to attend, listen and observe at any site at which a member participates." What that means for a board that uses video after that date is a question for your attorney.
Checklist
Before a board uses video under § 103-a
- A local law or resolution, adopted after a public hearing, authorizes it.
- Written procedures for member and public attendance are adopted and posted on the board's website.
Before the meeting
- The notice says video will be used, where the public can view and take part, where documents will be available, and the physical place the public can attend.
- If the meeting is streamed live, the notice gives the web address.
At the meeting
- A quorum is present at the place or places the public can attend.
- A member joins remotely only for a reason the board's procedures allow.
- Members can be seen, heard and identified, apart from an executive session.
- The public can view the meeting, and take part in real time where comment is allowed.
After the meeting
- Minutes say which members took part remotely.
- The recording is posted or linked on the website within five business days and kept at least five years; a transcript is made on request.
What the law does not settle
Questions to take to your town, village or city attorney; this guide does not answer them.
- Whether your board's written procedures let a member with a disability count toward the quorum, and what proof of the disability the board may ask for.
- Whether a board may use video without a § 103-a authorization when every place a member joins from is open to the public and listed in the notice (§ 104(4), (5)).
- Whether a town committee meets the official website requirement through the town's website.
- Whether the emergency exception also lifts the rule that a quorum be in the public place, or only the rule for members.
- What the rules are for a board that uses video after July 15, 2028.
How Clarivis helps
At the meeting, Clarivis records how each member attended; it does not run the call, post the notice or make the recording for you.
- Remote is its own attendance state. A member is recorded present, remote or absent, and remote is never folded into present.
- A reason for each remote member. For New York, Live Meeting offers the reasons Disability, Illness, Caregiving responsibilities, Another significant or unexpected factor or event, and Other / none.
- Who counts toward quorum. A remote member recorded with the reason Disability counts toward quorum only where the board's written procedures provide for it and the member has a disability, as the Executive Law defines it, that keeps them from attending in person at a place the public can attend. Clarivis does not count them unless your committee has recorded, in Settings under Committee, that its written procedures allow it; when it has, the member counts. It does not check the procedures or the disability itself. A remote member with any other reason, or none, does not count either way.
- What it does not record. Clarivis does not record whether your board has adopted the local law or resolution, posted its procedures, or whether the public could see and hear the meeting. It does not check the notice or the recording.
Related guides
- What a New York meeting notice must say, and when to give itTime and place, the news media and a designated public place, the 72-hour notice for a meeting set a week ahead
- New York meeting minutes: what they must record and when they must be availableWhat minutes record, available within 2 weeks
- Executive session in New York: when a board can meet in private, and what followsThe eight purposes, the motion and vote, the minutes
- What counts as a meeting in New York: the official convening and quorumThe official convening, who is covered, and the quorum
This guide for other states
Sources
- Public Officers Law § 103-a, videoconferencing by public bodies: www.nysenate.gov/legislation/laws/PBO/103-A
- Public Officers Law § 103, open meetings: www.nysenate.gov/legislation/laws/PBO/103
- Public Officers Law § 104, public notice: www.nysenate.gov/legislation/laws/PBO/104