Last Updated 6/12/2023

Requirements for a Quorum

1. The primary public locations for the New York City Employees’ Retirement System’s (NYCERS) Board meetings are: 335 Adams Street, Brooklyn, New York and 1 Centre Street, New York, New York. The Board may notice additional public locations for meetings as needed.
    
2. A quorum of the Board of Trustees (the Board) must be present at one or more of these noticed physical locations where members of the public may attend in person. In order to determine whether there is a quorum, members of the Board must notify the Executive Director at least 48 hours in advance of a Board meeting where they will participate in the Board meeting.  If a member of the Board is noticing a public location other than 335 Adams Street or 1 Centre Street, they must include this in their notification to the Executive Director. In addition, if a trustee is attending the meeting in a location not open to the public, they must provide the circumstances as set forth below.

A Member of the Board’s Participation via Videoconferencing

1. If a member of the Board has a disability and is unable to participate in-person at a meeting location where the public can attend, then they may attend the meetings remotely at a place not accessible to the public.
   1. A disability is defined under subdivision 21 of section 292 of the Executive Law:
      1. A physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevent the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment.
   2. A member of the Board with a disability, attending a meeting remotely, counts towards a quorum and may vote.
   3. All of the other requirements within these procedures remain in effect if a member of the Board is attending remotely due to a disability.
2. A member of the Board not needed for a quorum may attend a meeting via videoconferencing in a location where the public may not attend under “extraordinary circumstances,” or “significant events or unexpected factors.”
   1. The definition of Extraordinary Circumstances includes, but is not limited to disability, illness, caregiving responsibilities, or “other significant or unexpected factor(s) or event(s).”
   2. The definition of “Significant Events or Unexpected Factor(s),” includes, but is not limited to weather-related events, terrorist actions, electricity or gas outages, mass transportation outages, highway or bridge closures, fire, or an act of God that preclude the member of the Board from physically attending a public meeting.
   3. Should a member of the Board provide a reason that does not qualify under these procedures and the law, the member of the Board will be notified at least 18 hours prior to the Public Meeting or as soon as practicable.
   4. Members of the Board attending a meeting via videoconferencing under extraordinary circumstances, significant events or unexpected factors may participate and vote.

State of Emergency

1. Where a State of Disaster or Emergency is declared by the Governor, or where a State of Emergency is in effect in the City, impairing the ability to hold in-person meetings, members of the Board may participate in a Public Meeting via videoconferencing regardless of the personal reason or location.
   1. If the Executive Director has determined that videoconferencing is warranted under the State of Emergency procedures, the Board will be notified 24 hours in advance or as soon as practicable.
2. If the Public Meeting is occurring under the State of Emergency procedures, the members of the Board may attend the meeting utilizing the Open Meetings Law as if they were not using videoconferencing. 

Members of the Public

1. All sessions of the Board’s Public Meetings are live streamed for viewing.
    
2. Members of the public do not include individuals or entities that the Board invites to appear at a specific meeting (e.g., investment managers, members or retirees, or auditors).
    
3. When all members of the Board attend a meeting at a location or locations accessible to the public, the Open Meetings Law does not require that members of the public be permitted to attend or participate via videoconferencing.
    
4. If the meeting is one in which the public can participate, members of the public must be permitted to participate via videoconferencing to the same extent as members of the public who attend in person at the location or locations where the meeting is held.
    
5. If the meeting is one in which the public can participate, the videoconferencing must make sure that the public can be heard, seen and identified while the public part of the meeting is occurring.

Committee and Sub-Committee Meetings

1. Committees and subcommittees may abide by the same procedures.

Minutes

1. Where videoconferencing is used, minutes of that Public Meeting must list the members of the Board who attend using videoconferencing.

Recordings of NYCERS public meetings

1. Videoconferencing must include audio and visual components that ensure that the Board is heard, seen and identified during the meeting.
    
2. Every meeting that utilizes videoconferencing must be digitally recorded and posted on NYCERS’ website within five (5) business days of the meeting and remain available for at least five (5) years.

Notice

1. If videoconferencing is utilized, notice of a Public Meeting must, in addition to stating the physical location(s) where the meeting may be held and where in-person attendance is possible, state:
   1. That the meeting will include a videoconferencing component, and
   2. Indicate where members of the public may view and, if applicable, participate in the meeting.  
2. If videoconferencing is being used under the State of Emergency procedures, the notice on the website must include: the reason, or existing circumstances that prevent an in-person meeting.

Additional Procedures

1. A copy of these procedures must be posted on NYCERS’ website.