BILL NUMBER: S2392
SPONSOR: PERSAUD
 
TITLE OF BILL:
An act to amend the public officers law, in relation to quorum require-
ments for meetings conducted remotely
 
PURPOSE:
This bill amends the Open Meetings Law to allow a quorum to be estab-
lished in circumstances where a counted board member(s) is participating
remotely due to a disability that renders such board member unable to be
physically present at any meeting location.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new section 2-a to the Executive Law. Section 2 estab-
lishes the effective date.
 
JUSTIFICATION:
The Open Meetings Law currently allows covered members of boards to
participate in board meetings remotely; although, the minimum number of
members required to establish a quorum must be present at the same phys-
ical meeting location(s)where the public can attend said meeting.
This in-person quorum requirement, however, Works to the detriment of a
board member who has a disability that impairs mobility, and accommo-
dations prevent in-person attendance, either situationally or on a
consistent basis. One example is the lack of available or reliable para-
transit or other mobility assistance. There are also circumstances where
a disability may preclude mobility altogether. The narrow exception
being proposed by this legislation will ensure equal participation in
board proceedings as well as allow boards to conduct business when all
other Open Meetings Law requirements are otherwise met.
 
LEGISLATIVE HISTORY:
2023/2024: S1525 Referred to Investigations and Government Operations
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2392: 103-a public officers law