Pursuant to Public Officers Law § 103-a
In compliance with Public Officers Law (POL) § 103-a(2)(a), the Board of Trustees of the New York State Higher Education Services Corporation (“HESC”), following a public hearing authorized by resolution on December, 2023, the use of videoconferencing as described in POL § 103-a. The following procedures are hereby established to satisfy the requirement of POL § 103-a(2)(b) that any public body which in its discretion wishes to permit its members to participate in meetings by videoconferencing from private locations – under extraordinary circumstances – must establish written procedures governing member and public attendance.
- The HESC Board of Trustees members shall be physically present at any meeting of the HESC Board of Trustees unless such member is unable to be physically present at one of the designated public meeting locations due to extraordinary circumstances.
- For purposes of these procedures, the term “extraordinary circumstances” includes disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting.
- If a member is unable to be physically present at one of the designated public meeting locations and wishes to participate by videoconferencing from a private location due to extraordinary circumstances, the member must notify the HESC Board of Trustees Secretary no later than four business days prior to the scheduled meeting in order for proper notice to the public to be given. If extraordinary circumstances present themselves on an emergent basis within four days of a meeting, the HESC Board of Trustees shall update its notice as soon as practicable to include that information. If it is not practicable for the HESC Board of Trustees to update its notice, the HESC Board of Trustees may reschedule its meeting.
- If there is a quorum of members participating at a physical location(s) open to the public, the HESC Board of Trustees may properly convene a meeting. A member who is participating from a remote location that is not open to in-person physical attendance by the public shall not count toward a quorum of the HESC Board of Trustees but may participate and vote if there is a quorum of members at a physical location(s) open to the public.
- Except in the case of executive sessions conducted pursuant to POL § 105, the HESC Board of Trustees shall ensure that its members 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. This shall include the use of first and last name placards physically placed in front of the members or, for members participating by videoconferencing from private locations due to extraordinary circumstances, such members must ensure that their full first and last name appears on their videoconferencing screen.
- The minutes of the meetings involving videoconferencing based on extraordinary circumstances pursuant to POL § 103-a shall include which, if any, members participated by videoconferencing from a private location due to such extraordinary circumstances.
- The public notice for the meeting shall inform the public: (i) that extraordinary circumstances videoconferencing will (or may) be used, (ii) where the public can view and/or participate in such meeting, (iii) where required documents and records will be posted or available, and (iv) the physical location(s) for the meeting where the public can attend.
- The HESC Board of Trustees shall provide that each open portion of any meeting conducted using extraordinary circumstances videoconferencing shall be recorded and such recordings posted or linked on the HESC Board of Trustees website 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.
- If members of the HESC Board of Trustees are authorized to participate by videoconferencing from a private location due to extraordinary circumstances, the HESC Board of Trustees shall provide the opportunity for members of the public to view such meeting by video, and to participate in proceedings by videoconference in real time where public comment or participation is authorized. The HESC Board of Trustees shall ensure that where extraordinary circumstances videoconferencing is used, it authorizes the same public participation or testimony as in person participation or testimony.
- Open meetings of the HESC Board of Trustees conducted using extraordinary circumstances videoconferencing pursuant to the provisions of POL § 103-a shall be broadcast pursuant to the requirements of POL § 103(f) and 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. For the purposes of this guideline, “disability” shall have the meaning defined in Executive Law § 292.
- The in-person participation requirements of POL § 103-a(2)(c) shall not apply during a state disaster emergency declared by the governor pursuant to Executive Law § 28 if the HESC Board of Trustees determines that the circumstances necessitating the emergency declaration would affect or impair their ability to hold an in-person meeting.
- These procedures shall be conspicuously posted on the HESC Board of Trustees webpage on the HESC website.