Governor Cuomo signed Executive Order 202.48 (E.O. 202.48) on July 6, 2020 and Executive Order 202.49 (E.O. 202.49) on July 7, 2020 which continue the suspension of in-person meeting and in-person public hearing requirements in continued response to the COVID-19 Pandemic. E.O. 202.48 and E.O. 202.49 are the latest in a string of Executive Orders intended to balance the needs of public safety and continued economic growth throughout the state.
The Suspension of In-Person Meeting Requirements Is Continued Until August 5, 2020
E.O. 202.48 continues the suspensions and modifications of law contained in Executive Order 202.1. E.O. 202.1 suspended several laws of the state, including the New York State Open Meetings Law (OML), permitting the continuation of municipal meetings via teleconference or video conference. E.O. 202.1’s directive is now continued through August 5, 2020:
Article 7 of the Public Officers Law, to the extent necessary to permit any public body to meet and take such actions authorized by the law without permitting in public in-person access to meetings and authorizing such meetings to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed.
Public Hearings To Be Continued To Be Held Remotely or Postponed Until August 6, 2020
E.O. 202.49 continues the prohibition contained in E.O. 202.15, dated April 9, 2020, which restricts the conduct of in-person public hearings unless such hearing can be held remotely through use of telephone conference, video conference, and/or other similar service. A notable exception from E.O. 202.49 is hearings before the Department of Environmental Conservation pursuant to the Environmental Conservation Law (ECL) are permitted to resume in-person.
Many municipalities have seamlessly transitioned to virtual or remote platforms to conduct public meetings. Cuddy & Feder LLP continues to provide continued, quality legal service by staying up-to-date on the technology used and has participated in over 120+ virtual meetings and hearings involving the land use entitlement process to date. For more information please contact landuse@cuddyfeder.com.
