In New York state, there has not been a fully attended legislative session since early March due to three Assembly members testing positive for COVID-19, threatening the Legislature’s ability to function.
In order to adhere to the U.S. Centers for Disease Control and Prevention’s guidelines of discouraging large gatherings, members of the state Senate and Assembly have been voting in small groups in Albany and participating remotely.
The Capitol building has been closed to outside visitors for more than a week now, while a limited number of reporters are permitted to cover meetings and press conferences.
In light of this, a coalition of good government groups — Citizens Union of the City of New York, Common Cause of New York, New York Public Interest Research Group (NYPIRG) and Reinvent Albany — released a statement Tuesday, March 24 urging the New York state government to adopt new measures in order to conduct business in a transparent manner that is accessible to the public.
Among the many challenges that elected officials are dealing with right now is the disruption to the normal in-person functioning of government at all levels. However, the groups note that public school systems, colleges, large and small companies and service providers are adapting to the challenge, and government should too.
“Thanks to widely available technology, the government can work even in these extraordinary times. Now, more than ever, New Yorkers expect the government to address the problems that we all face while meeting its constitutional and legal responsibilities,” the groups stated.
To ensure transparency and to allow a chance for the public to be involved, the groups suggested several measures that could be taken. These include providing public access to observe government proceedings, providing public access to participate in some proceedings via videoconferencing or phone conferencing, recording all open sessions of meetings and making them available to the public online and posting minutes of meetings online.
“Given the fact that the governor has declared a state of emergency, we think it’s appropriate for the legislature to come up with new rules so they can continue to work,” Executive Director of NYPIRG, Blair Horner told The Legislative Gazette. “We think there are plenty of issues that are not related to the budget that deserve public scrutiny, and you can’t do that in a secret negotiation.”
There are also concerns that legislators will not have the ability to properly debate or negotiate policy and budget issues while hearings and floor debates are suspended.
“We appreciate that the Legislature has new responsibilities in helping constituents and local officials deal with the current crises, but they should also continue to pass laws, hold committee hearings, and plan for recovery,” reads a joint statement by the groups. “Neighboring states like Connecticut and Pennsylvania are already making provisions for lawmakers to convene and vote remotely. New York can too.”
State legislative bodies have been planning for a disruption in the operation of state government since the Cold War era. A Continuity of Government Authorization outlines such plans, including the lines of succession for public offices, how a legislature is convened in an emergency and where sessions are held.
State legislatures typically operate under a “you must be present” rule. This requires that legislators be physically present to participate in debate or voting. Only Oregon and Wisconsin have specific provisions allowing a remote or virtual meeting of the legislature if an emergency occurs.
However, the New York State Constitution does not specifically address plans on how to convene during an emergency, only stating that the Legislature has the power to “adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations,” during periods of emergency caused by “enemy attack or by disasters (natural or otherwise).”
