Attention Churches in New York State

A New York state law was enacted on November 8, 2021, that affects how congregations and presbyteries hold meetings. This prohibits the use of hybrid meetings by congregations, presbyteries and the synod which is incorporated in New York State. We are sharing information that the synod attorney, Ellen O’Connell, provided to us.

Attorney Ellen O’Connell states:

The new law governs religious corporations and covers “the board of trustees of a religious corporation [that is] is authorized to determine the place of trustee meetings, corporate meetings, congregant or membership meetings.”

The trustees cannot have “hybrid” meetings, meaning meetings that are partially in-person and partially electronic meetings (“remote”), for those bodies for whom the trustees call the meetings.

The trustees can only decide to permit fully remote meetings or fully in person, even if there is something existing in the by-laws that restricts the ability to permit remote meetings. Meaning, if the by-laws otherwise require in person meetings, that provision notwithstanding, they can decide to transition to fully remote in accordance with the new law.

NY Non-Profit Corporations, unless otherwise restricted by the certificate of incorporation or the bylaws, are permanently allowed to hold partial or fully remote meetings. The amendment as applied to non-profit corporations grants an explicit choice between the three options (in-person, remote, or hybrid).

The same is not true for Religious Corporations. The change in the law affecting religious corporations only permits a fully remote option. If the charter/bylaws are silent, then the trustees authorized to determine the place of meetings can choose one or the other, but there is no mention of the ability to permit a hybrid form of meeting.

If you would like to ask questions, make comments or challenge why religious organizations are treated differently than nonprofit organizations and businesses, we suggest you reach out to your state Assembly person. Below is a link with the law that was voted upon as well as the committee from which it came. https://nyassembly.gov/leg/default_fld=&leg_video=&bn=A01237&term=2021&Summary=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y&Text=Y