August 14, 2020 Extension of Authority to Hold Remote Meetings and Restrictions on Non-Essential Gatherings
KEEPING YOU INFORMED…
We are writing to advise you that the Governor has extended, through September 4, 2020, the authority of public bodies to continue to hold public meetings without providing the public with in-person access.
As we have advised in previous memoranda, pursuant to Executive Order 202.1, public bodies may hold a public meeting: (a) in person, without permitting the public to attend in-person; or (b) remotely, by conference call or similar service. In either case, the public must be able to view or listen to the meeting (by phone, internet live-stream; etc.) and the meeting must be recorded and later transcribed.
Public bodies may also continue to hold a public meeting where the members of the public body (e.g., members of the board of education or town board) are physically present or participating via videoconference and the public is allowed to physically attend all meeting locations. The Open Meetings Law’s requirements for the use of videoconferencing have not changed (the meeting notice must state that videoconferencing will be used; include the location of the meeting and all videoconferencing sites; and state that the public has the right to attend the meeting at any location).
Effective through August 20, 2020, in-person public meetings and other non-essential gatherings of up to 50 people are permissible, provided that indoor gatherings do not exceed 50% of the facility’s maximum occupancy limit; and provided that the gathering is in compliance with the State Department of Health’s social distancing, face covering, cleaning and disinfection protocols.
If you have any questions regarding the above or regarding holding a remote meeting, please contact Lauren Schnitzer or one of our other attorneys by calling (631) 694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2020