July 18, 2015
Boards limited in technology options
The recent absences of Cortland County public officials due to illness or summer vacations can impact the outcome of legislative votes and while it would seem that technological advances like Skype calls could address the problem, local governments are limited in using these by state Open Meetings Law regulations.
Bob Freeman, executive director of the state Committee on Open Government, said Thursday that the Open Meetings Law allows legislative committees to use video conferencing but certain requirements must be met.
These requirements state that the public has to be informed of the time and place of the video conference and that the public must be able to attend any of the locations.
“The notice will have to indicate where they (the legislators) will be and the public has the right to attend (that place),” Freeman said.
Therefore, video conferencing may not work if a legislator is calling in from home or from his or her hotel room while on vacation, Freeman explained.
A special meeting of the village of Homer Board of Trustees was held Wednesday to discuss the potential sale and acquisition of real property. Gene Smith, a village board member, could not be present for the meeting due to surgery. However, Smith used Skype, a video messaging service, to vote on the motion, an approved method if proper notification is given, according to Freeman.
Homer Village Attorney Francis Casullo declined to comment on the legality of the Skype call until he had discussions with Mayor Genevieve Suits.
County Legislators have tried to call into meetings by telephone, but Freeman said a public official voting by telephone is also out of the question.
“If somebody is participating by phone, he or she cannot be seen,” Freeman said, adding the law states the public has “the right to attend, listen and observe the performance of public officials.”
He also said this method has been questioned by state appellate courts because it could not be determined if the caller was being persuaded to vote a certain way.
Jeremy Boylan, clerk of the county Legislature wrote in an email last week that the county Legislature’s Rules of Order do not allow for video conferencing or a “virtual vote.”
“... as the technology becomes more available this is something we may want to look into to temporarily accommodate legislators who are unable to attend in person,” Boylan wrote.
Boylan added that he knows of only Ulster County allowing a virtual vote method.
Tompkins County Legislature Chair Mike Lane said Thursday morning that legislators have not used any technological measures for officials to participate in a meeting.
Lane added that during a committee meeting he has allowed a legislator to talk on speaker phone, but that legislator was not allowed to vote.
“I really think having a person present makes a difference,” Lane said, adding if an option was available he would prefer a legislator to physically be at a meeting. “It’s not quite the same if the person is away and can’t see the whole room.”
The video conferencing might be a good option when a committee is having trouble meeting a quorum, Lane said.
For example, in a Cortland County Budget and Finance Committee meeting Wednesday morning, only three of the seven committee members were present and votes could not be taken for lack of a quorum. A video conference option might have allowed the committee to vote on the resolutions on the agenda.
The Open Meetings Law, also known as the “Sunshine Law,” went into effect in 1977 and was amended in 1979.
Tompkins County Attorney Jonathan Wood said Thursday morning he has looked into the use of technology during legislative meetings and determined it would be difficult for legislators to participate using Skype or other video methods.
“Open Meetings Law has not been changed in many years,” Wood said.
“Maybe it’s time to look at that ... with all the technology that has come about in recent years but it hasn’t really changed.”
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