Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3025 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 911 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3025
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William J. Driscoll, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to remote access for public bodies and town meetings.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William J. Driscoll, Jr.7th Norfolk1/17/2023Alice Hanlon Peisch14th Norfolk1/26/2023Lindsay N. Sabadosa1st Hampshire2/17/2023James C. Arena-DeRosa8th Middlesex2/22/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/22/2023Patricia A. Duffy5th Hampden2/22/2023Samantha Montaño15th Suffolk2/27/2023Marcus S. Vaughn9th Norfolk3/8/2023Marc T. Lombardo22nd Middlesex3/10/2023Rodney M. Elliott16th Middlesex3/10/2023Brian M. Ashe2nd Hampden3/13/2023Mathew J. Muratore1st Plymouth3/13/2023Patrick Joseph Kearney4th Plymouth3/13/2023Carol A. Doherty3rd Bristol3/13/2023Margaret R. Scarsdale1st Middlesex3/13/2023Simon Cataldo14th Middlesex3/14/2023 1 of 8
16	16	HOUSE DOCKET, NO. 911 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3025
18	18	By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 3025) of
19	19	William J. Driscoll, Jr. and others relative to remote access for public bodies and town meetings.
20	20	State Administration and Regulatory Oversight.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to remote access for public bodies and town meetings.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Said chapter 30A is hereby amended by striking out section 20, and
30	30	2inserting in place thereof the following section:
31	31	3 Section 20. (a) Except as provided in section 21, all meetings of a public body shall be
32	32	4open to the public.
33	33	5 (b) Except in an emergency, in addition to any notice otherwise required by law, a public
34	34	6body shall post notice of every meeting at least 48 hours prior to the meeting, excluding
35	35	7Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon
36	36	8as reasonably possible prior to the meeting. Notice shall be printed in a legible, easily
37	37	9understandable format and shall contain the date, time and place of the meeting and a listing of
38	38	10topics that the chair reasonably anticipates will be discussed at the meeting. 2 of 8
39	39	11 (c) For meetings of a local public body, notice shall be filed with the municipal clerk and
40	40	12posted in a manner conspicuously visible to the public at all hours in or on the municipal
41	41	13building in which the clerk's office is located and on the municipal website.
42	42	14 For meetings of a regional or district public body, notice shall be filed and posted in each
43	43	15city or town within the region or district in the manner prescribed for local public bodies. For
44	44	16meetings of a regional school district, the secretary of the regional school district committee shall
45	45	17be considered to be its clerk and shall file notice with the clerk of each city or town within the
46	46	18district and shall post the notice in the manner prescribed for local public bodies. For meetings of
47	47	19a county public body, notice shall be filed in the office of the county commissioners and a copy
48	48	20of the notice shall be publicly posted in a manner conspicuously visible to the public at all hours
49	49	21in the places as the county commissioners shall designate for the purpose.
50	50	22 For meetings of a state public body, notice shall be filed with the attorney general by
51	51	23posting on a website under the procedures established for this purpose and a duplicate copy of
52	52	24the notice shall be filed with the regulations division in the state secretary's office.
53	53	25 The attorney general may prescribe or approve alternative methods of notice where the
54	54	26attorney general determines the alternative methods will afford more effective notice to the
55	55	27public.
56	56	28 (d) Public bodies may allow remote meeting participation provided that all persons
57	57	29present at the meeting are clearly audible to each other. Remote members may vote and shall not
58	58	30be deemed absent for the purposes of section 23D of chapter 39.The public body shall ensure
59	59	31public access to the deliberations of the public body for interested members of the public through
60	60	32adequate, alternative means of public access. Where active, real-time participation by members 3 of 8
61	61	33of the public is a specific requirement of a general or special law, regulation or a local ordinance
62	62	34or by-law, pursuant to which the proceeding is conducted, any adequate, alternative means of
63	63	35public access pursuant to regulations established under section j shall provide for such
64	64	36participation and shall be sufficient to meet such participation requirement. A municipal public
65	65	37body that for reasons of economic hardship and despite best efforts is unable to provide
66	66	38adequate, alternative means of public access that will enable the public to follow the proceedings
67	67	39of the municipal public body as those activities are occurring in real time may instead post on its
68	68	40municipal website a full and complete transcript, recording or other comprehensive record of the
69	69	41proceedings as soon as practicable upon conclusion of the proceedings. This paragraph shall not
70	70	42apply to proceedings that are conducted pursuant to a general or special law, regulation or a local
71	71	43ordinance or bylaw that requires allowance for active participation by members of the public. A
72	72	44public body shall offer its selected adequate, alternative means of public access to its
73	73	45proceedings without subscription, toll or similar charge to the public.
74	74	46 (e) Public bodies may allow hybrid meeting participation provided that all persons
75	75	47present at the meeting are clearly audible to each other.
76	76	48 (f) A public body may allow remote participation by all members in any meeting of the
77	77	49public body and a quorum of the body and the chair shall not be required to be physically present
78	78	50at a specified meeting location.
79	79	51 (g) A public body that elects to conduct its proceedings under this section shall ensure
80	80	52that any party entitled or required to appear before it shall be able to appear through remote
81	81	53means, as if the party were a member of the public body and participating remotely as provided
82	82	54in subsection 4 of 8
83	83	55 (h) No person shall address a meeting of a public body without permission of the chair,
84	84	56and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings
85	85	57of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt
86	86	58the proceedings, the chair may order the person to withdraw from the meeting and if the person
87	87	59does not withdraw, the chair may authorize a constable or other officer to remove the person
88	88	60from the meeting.
89	89	61 (i) Within 2 weeks of qualification for office, all persons serving on a public body shall
90	90	62certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting
91	91	63law, regulations promulgated under section 25 and a copy of the educational materials prepared
92	92	64by the attorney general explaining the open meeting law and its application under section 19.
93	93	65Unless otherwise directed or approved by the attorney general, the appointing authority, city or
94	94	66town clerk or the executive director or other appropriate administrator of a state or regional body,
95	95	67or their designees, shall obtain certification from each person upon entering service and shall
96	96	68retain it subject to the applicable records retention schedule where the body maintains its official
97	97	69records. The certification shall be evidence that the member of a public body has read and
98	98	70understands the requirements of the open meeting law and the consequences of violating it.
99	99	71 (j) The attorney general shall develop and adopt standards and guidelines for remote or
100	100	72hybrid participation of public bodies.
101	101	73 SECTION 2. Chapter 30A of the General Laws is hereby amended by inserting after
102	102	74section 20 the following section:
103	103	75 Section 20 ½ (a) Notwithstanding any general or special law, charter provision,
104	104	76ordinance or by-law to the contrary, the moderator in a town having a representative or open 5 of 8
105	105	77town meeting form of government may request that the select board or board of selectmen of the
106	106	78town call for a representative or open town meeting to be held through remote or hybrid
107	107	79participation, including, but not limited to, by means of a video or telephone conferencing
108	108	80platform. Such a request by the moderator to the select board or board of selectmen shall be in
109	109	81writing and shall include, but shall not be limited to: (i) the moderator’s determination and
110	110	82request to hold a town meeting through remote participation in accordance with this section; (ii)
111	111	83the video or telephone conferencing platform the moderator has determined to use to hold the
112	112	84town meeting; (iii) confirmation that the moderator has consulted with the local disability
113	113	85commission or coordinator for federal Americans with Disabilities Act compliance; and (iv) a
114	114	86certification by the moderator that: (A) the moderator has tested the video or telephone
115	115	87conferencing platform; and (B) the platform satisfactorily enables the town meeting to be
116	116	88conducted in substantially the same manner as if the meeting occurred in person at a physical
117	117	89location and in accordance with the operational and functional requirements set forth in this
118	118	90section.
119	119	91 A video or telephone conference platform used by a town meeting for remote or hybrid
120	120	92participation under this section shall, at minimum, provide for the ability for: (i) the moderator,
121	121	93town meeting members, town officials and any other interested members of the public to identify
122	122	94and hear the moderator and each town meeting member who attends and participates in the
123	123	95remotely-held town meeting, as well as any other individuals who participate in the remotely-
124	124	96held town meeting; (ii) the ability to determine whether a quorum is present; (iii) a town meeting
125	125	97member, town official or other individual to request recognition by the moderator without prior
126	126	98authorization; provided, however, that to the extent technologically feasible, the request is visible
127	127	99or audible to the public in real time and upon review of the recording of the town meeting 6 of 8
128	128	100proceedings, preserved according to subsection (h); (iv) the moderator to determine when a town
129	129	101meeting member wishes to be recognized to speak, make a motion, raise a point of order or
130	130	102object to a request for unanimous consent; (v) the moderator to recognize a town meeting
131	131	103member, town official or other individual to speak and to enable that person to speak; (vi) the
132	132	104ability to conduct a roll call vote; (vii) any interested members of the public to access the
133	133	105meeting remotely for purposes of witnessing the deliberations and actions taken at the town
134	134	106meeting; and (viii) the town meeting to be recorded. Registered voters residing in the town
135	135	107wishing to participate in a remote town meeting conducted pursuant to this section shall submit a
136	136	108request to participate to the town clerk not less than 48 hours in advance of the town meeting.
137	137	109Upon receipt of the request and verification of the requester’s voter registration status, the clerk
138	138	110shall provide to the requester instructions for participating in the remote town meeting.
139	139	111 (b) Not later than 10 business days following receipt of a written request by the
140	140	112moderator for remote or hybrid participation at a town meeting pursuant to subsection (a), the
141	141	113select board or board of selectmen shall vote to determine if the town meeting shall be held
142	142	114remotely by means of the video or telephone conferencing platform requested by the moderator.
143	143	115 (c) If the select board or board of selectmen votes to approve the request of the
144	144	116moderator for remote or hybrid participation at a town meeting the select board shall issue, a
145	145	117notice that expressly states: (i) that the town meeting shall be held remotely by means of the
146	146	118video or telephone conferencing platform requested by the moderator; (ii) the date and time of
147	147	119the meeting; and (iii) any information necessary for the moderator, town meeting members, town
148	148	120officials and interested members of the public to access and witness the deliberations and actions
149	149	121taken at the town meeting remotely. 7 of 8
150	150	122 The notice issued by the select board or board of selectmen shall be: (i) accompanied by
151	151	123the written request of the moderator submitted to the select board or board of selectmen under
152	152	124subsection (a); (ii) filed and posted in accordance with the requirements of subsection (b) of
153	153	125section 10A of chapter 39 of the General Laws; (iii) publicly posted not less than 10 days before
154	154	126the scheduled date of the remote town meeting. The notice may include a date, time and place for
155	155	127the town meeting to be resumed if the town meeting does not vote to continue the town meeting
156	156	128remotely pursuant to subsection (f).
157	157	129 (d) If the select board or board of selectmen votes to approve the request of the
158	158	130moderator for remote or hybrid participation at a town meeting and the select board or board of
159	159	131selectmen has not yet issued a warrant for a town meeting, the select board or board of selectmen
160	160	132shall approve and issue a warrant pursuant to section 10 of said chapter 39 for the town meeting
161	161	133that expressly states: (i) that the town meeting shall be held remotely or hybrid by means of the
162	162	134video or telephone conferencing platform requested by the moderator; (ii) the date and time of
163	163	135the meeting; and (iii) any information necessary for access and witness the deliberations and
164	164	136actions taken at the town meeting remotely.
165	165	137 The warrant issued by the select board or board of selectmen shall be: (i) accompanied by
166	166	138the written request of the moderator submitted to the select board or board of selectmen under
167	167	139subsection (a); and (ii) filed in accordance with said section 10 of said chapter 39, all other
168	168	140applicable laws and any relevant provisions of the town charter or by-laws. The warrant may
169	169	141include a date, time and place for the town meeting to be resumed if the town meeting does not
170	170	142vote to continue the town meeting remotely pursuant to subsection (f). 8 of 8
171	171	143 (e) Not later than 5 business days after a vote of the select board or board of selectmen to
172	172	144approve the request of the moderator to hold a town meeting remotely or hybrid pursuant to
173	173	145subsection (c) or (d), the town clerk shall submit certified copies of the vote of the select board
174	174	146or board of selectmen and the written request of the moderator to the attorney general.
175	175	147 (f) Any roll call vote taken at a representative or open town meeting held through remote
176	176	148or hybrid participation pursuant to this section shall be taken by any means that the moderator
177	177	149determines accurately and securely records the votes of those entitled to vote at the meeting,
178	178	150including, but not limited to, roll call vote, electronic voting, voting by ballot, voting by phone or
179	179	151any combination thereof. The vote of each voting member on a roll call vote shall be recorded
180	180	152and kept with the minutes of the town meeting.
181	181	153 (g) A representative or open town meeting held remotely or hybrid pursuant to this
182	182	154section shall be recorded and the recording shall be preserved and made publicly available on the
183	183	155town’s website for not less than 90 days after the conclusion of the remote or hybrid town
184	184	156meeting.
185	185	157 (h) All actions taken during a remote or hybrid town meeting held pursuant to this
186	186	158section are hereby ratified, validated and confirmed to the same extent as if the town meeting had
187	187	159been conducted in person and such actions are in accordance with all other applicable laws,
188	188	160charter provisions, ordinances and by-laws.
189	189	161 (j) The attorney general shall develop and adopt standards and guidelines for remote or
190	190	162hybrid participation of town meetings.