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Since COVID, one of the board members of the Niagara Falls Water Board has continued to attend meetings virtually, including voting, with her camera off. My understanding is that these votes cannot be counted, as she is supposed to be on camera. We have multiple screens in our boardroom and an updated technology system to accommodate virtual attendees.
I thought New York State guidelines on open meetings, post-COVID, required voting members attending virtually to have their cameras on. Has that requirement changed? If not, are this person’s votes considered valid?
Members of a public body, such as the Niagara Falls Water Board, can attend meetings virtually if the board has adopted a policy allowing members to do so under “extraordinary circumstances.”
When a member participates virtually, the Open Meetings Law requires that they must be both visible and audible to the public.
Only a court can determine whether a member’s votes are legally valid.
The Water Board must follow its adopted policy regarding virtual attendance. If no such policy exists, the board should create one.
It’s important to notify board members participating virtually that they must have their video cameras on so the public can see and hear them.
Below is guidance from the NY Committee on Open Government regarding this issue.