Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2011 Compare Versions

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22 SENATE DOCKET, NO. 1247 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 2011
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Anne M. Gobi
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to remote access for public bodies and town meetings.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireJoanne M. ComerfordHampshire, Franklin and Worcester2/23/2023 1 of 8
1616 SENATE DOCKET, NO. 1247 FILED ON: 1/19/2023
1717 SENATE . . . . . . . . . . . . . . No. 2011
1818 By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2011) of Anne M. Gobi and Joanne
1919 M. Comerford for legislation relative to remote access for public bodies and town meetings.
2020 State Administration and Regulatory Oversight.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act relative to remote access for public bodies and town meetings.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Section 20 of Chapter 30A of the General Laws, as so appearing in the 2022
3030 2Official Edition, is hereby amended by striking out section 20, and inserting in place thereof the
3131 3following section:
3232 4 Section 20. (a) Except as provided in section 21, all meetings of a public body shall be
3333 5open to the public.
3434 6 (b) Except in an emergency, in addition to any notice otherwise required by law, a public
3535 7body shall post notice of every meeting at least 48 hours prior to the meeting, excluding
3636 8Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon
3737 9as reasonably possible prior to the meeting. Notice shall be printed in a legible, easily
3838 10understandable format and shall contain the date, time and place of the meeting and a listing of
3939 11topics that the chair reasonably anticipates will be discussed at the meeting. 2 of 8
4040 12 (c) For meetings of a local public body, notice shall be filed with the municipal clerk and
4141 13posted in a manner conspicuously visible to the public at all hours in or on the municipal
4242 14building in which the clerk's office is located and on the municipal website.
4343 15 For meetings of a regional or district public body, notice shall be filed and posted in each
4444 16city or town within the region or district in the manner prescribed for local public bodies. For
4545 17meetings of a regional school district, the secretary of the regional school district committee shall
4646 18be considered to be its clerk and shall file notice with the clerk of each city or town within the
4747 19district and shall post the notice in the manner prescribed for local public bodies. For meetings of
4848 20a county public body, notice shall be filed in the office of the county commissioners and a copy
4949 21of the notice shall be publicly posted in a manner conspicuously visible to the public at all hours
5050 22in the places as the county commissioners shall designate for the purpose.
5151 23 For meetings of a state public body, notice shall be filed with the attorney general by
5252 24posting on a website under the procedures established for this purpose and a duplicate copy of
5353 25the notice shall be filed with the regulations division in the state secretary's office.
5454 26 The attorney general may prescribe or approve alternative methods of notice where the
5555 27attorney general determines the alternative methods will afford more effective notice to the
5656 28public.
5757 29 (d) Public bodies may allow remote meeting participation provided that all persons
5858 30present at the meeting are clearly audible to each other. Remote members may vote and shall not
5959 31be deemed absent for the purposes of section 23D of chapter 39. The public body shall ensure
6060 32public access to the deliberations of the public body for interested members of the public through
6161 33adequate, alternative means of public access. Where active, real-time participation by members 3 of 8
6262 34of the public is a specific requirement of a general or special law, regulation or a local ordinance
6363 35or by-law, pursuant to which the proceeding is conducted, any adequate, alternative means of
6464 36public access pursuant to regulations established under section j shall provide for such
6565 37participation and shall be sufficient to meet such participation requirement. A municipal public
6666 38body that for reasons of economic hardship and despite best efforts is unable to provide
6767 39adequate, alternative means of public access that will enable the public to follow the proceedings
6868 40of the municipal public body as those activities are occurring in real-time may instead post on its
6969 41municipal website a full and complete transcript, recording or other comprehensive records of
7070 42the proceedings as soon as practicable upon conclusion of the proceedings. This paragraph shall
7171 43not apply to proceedings that are conducted pursuant to a general or special law, regulation or a
7272 44local ordinance or bylaw that requires allowance for active participation by members of the
7373 45public. A public body shall offer its selected adequate, alternative means of public access to its
7474 46proceedings without subscription, toll or similar charge to the public.
7575 47 (e) Public bodies may allow hybrid meeting participation provided that all persons
7676 48present at the meeting are clearly audible to each other.
7777 49 (f) A public body may allow remote participation by all members in any meeting of the
7878 50public body and a quorum of the body and the chair shall not be required to be physically present
7979 51at a specified meeting location.
8080 52 (g) A public body that elects to conduct its proceedings under this section shall ensure
8181 53that any party entitled or required to appear before it shall be able to appear through remote
8282 54means, as if the party were a member of the public body and participating remotely as provided
8383 55in subsection 4 of 8
8484 56 (h) No person shall address a meeting of a public body without permission of the chair,
8585 57and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings
8686 58of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt
8787 59the proceedings, the chair may order the person to withdraw from the meeting and if the person
8888 60does not withdraw, the chair may authorize a constable or other officer to remove the person
8989 61from the meeting.
9090 62 (i) Within 2 weeks of qualification for office, all persons serving on a public body shall
9191 63certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting
9292 64law, regulations promulgated under section 25 and a copy of the educational materials prepared
9393 65by the attorney general explaining the open meeting law and its application under section 19.
9494 66Unless otherwise directed or approved by the attorney general, the appointing authority, city or
9595 67town clerk or the executive director or other appropriate administrator of a state or regional body,
9696 68or their designees, shall obtain certification from each person upon entering service and shall
9797 69retain it subject to the applicable records retention schedule where the body maintains its official
9898 70records. The certification shall be evidence that the member of a public body has read and
9999 71understands the requirements of the open meeting law and the consequences of violating it.
100100 72 (j) The attorney general shall develop and adopt standards and guidelines for remote or
101101 73hybrid participation of public bodies.
102102 74 SECTION 2. Said chapter 30A of the General Laws is hereby further amended by
103103 75inserting after section 20 the following section:
104104 76 Section 20 ½ . (a) Notwithstanding any general or special law, charter provision,
105105 77ordinance or by-law to the contrary, the moderator in a town having a representative or open 5 of 8
106106 78town meeting form of government may request that the select board or board of selectmen of the
107107 79town call for a representative or open town meeting to be held through remote or hybrid
108108 80participation, including, but not limited to, by means of a video or telephone conferencing
109109 81platform. Such a request by the moderator to the select board or board of selectmen shall be in
110110 82writing and shall include, but shall not be limited to: (i) the moderator’s determination and
111111 83request to hold a town meeting through remote participation in accordance with this section; (ii)
112112 84the video or telephone conferencing platform the moderator has determined to use to hold the
113113 85town meeting; (iii) confirmation that the moderator has consulted with the local disability
114114 86commission or coordinator for federal Americans with Disabilities Act compliance; and (iv) a
115115 87certification by the moderator that: (A) the moderator has tested the video or telephone
116116 88conferencing platform; and (B) the platform satisfactorily enables the town meeting to be
117117 89conducted in substantially the same manner as if the meeting occurred in person at a physical
118118 90location and in accordance with the operational and functional requirements set forth in this
119119 91section.
120120 92 A video or telephone conference platform used by a town meeting for remote or hybrid
121121 93participation under this section shall, at minimum, provide for the ability for: (i) the moderator,
122122 94town meeting members, town officials and any other interested members of the public to identify
123123 95and hear the moderator and each town meeting member who attends and participates in the
124124 96remotely-held town meeting, as well as any other individuals who participate in the remotely-
125125 97held town meeting; (ii) the ability to determine whether a quorum is present; (iii) a town meeting
126126 98member, town official or other individual to request recognition by the moderator without prior
127127 99authorization; provided, however, that to the extent technologically feasible, the request is visible
128128 100or audible to the public in real time and upon review of the recording of the town meeting 6 of 8
129129 101proceedings, preserved according to subsection (h); (iv) the moderator to determine when a town
130130 102meeting member wishes to be recognized to speak, make a motion, raise a point of order or
131131 103object to a request for unanimous consent; (v) the moderator to recognize a town meeting
132132 104member, town official or other individual to speak and to enable that person to speak; (vi) the
133133 105ability to conduct a roll call vote; (vii) any interested members of the public to access the
134134 106meeting remotely for purposes of witnessing the deliberations and actions taken at the town
135135 107meeting; and (viii) the town meeting to be recorded. Registered voters residing in the town
136136 108wishing to participate in a remote town meeting conducted pursuant to this section shall submit a
137137 109request to participate to the town clerk not less than 48 hours in advance of the town meeting.
138138 110Upon receipt of the request and verification of the requester’s voter registration status, the clerk
139139 111shall provide to the requester instructions for participating in the remote town meeting.
140140 112 (b) Not later than 10 business days following receipt of a written request by the
141141 113moderator for remote or hybrid participation at a town meeting pursuant to subsection (a), the
142142 114select board or board of selectmen shall vote to determine if the town meeting shall be held
143143 115remotely by means of the video or telephone conferencing platform requested by the moderator.
144144 116 (c) If the select board or board of selectmen votes to approve the request of the
145145 117moderator for remote or hybrid participation at a town meeting the select board shall issue, a
146146 118notice that expressly states: (i) that the town meeting shall be held remotely by means of the
147147 119video or telephone conferencing platform requested by the moderator; (ii) the date and time of
148148 120the meeting; and (iii) any information necessary for the moderator, town meeting members, town
149149 121officials and interested members of the public to access and witness the deliberations and actions
150150 122taken at the town meeting remotely. 7 of 8
151151 123 The notice issued by the select board or board of selectmen shall be: (i) accompanied by
152152 124the written request of the moderator submitted to the select board or board of selectmen under
153153 125subsection (a); (ii) filed and posted in accordance with the requirements of subsection (b) of
154154 126section 10A of chapter 39 of the General Laws; (iii) publicly posted not less than 10 days before
155155 127the scheduled date of the remote town meeting. The notice may include a date, time and place for
156156 128the town meeting to be resumed if the town meeting does not vote to continue the town meeting
157157 129remotely pursuant to subsection (f).
158158 130 (d) If the select board or board of selectmen votes to approve the request of the
159159 131moderator for remote or hybrid participation at a town meeting and the select board or board of
160160 132selectmen has not yet issued a warrant for a town meeting, the select board or board of selectmen
161161 133shall approve and issue a warrant pursuant to section 10 of said chapter 39 for the town meeting
162162 134that expressly states: (i) that the town meeting shall be held remotely or hybrid by means of the
163163 135video or telephone conferencing platform requested by the moderator; (ii) the date and time of
164164 136the meeting; and (iii) any information necessary for access and witness the deliberations and
165165 137actions taken at the town meeting remotely.
166166 138 The warrant issued by the select board or board of selectmen shall be: (i) accompanied by
167167 139the written request of the moderator submitted to the select board or board of selectmen under
168168 140subsection (a); and (ii) filed in accordance with said section 10 of said chapter 39, all other
169169 141applicable laws and any relevant provisions of the town charter or by-laws. The warrant may
170170 142include a date, time and place for the town meeting to be resumed if the town meeting does not
171171 143vote to continue the town meeting remotely pursuant to subsection (f). 8 of 8
172172 144 (e) Not later than 5 business days after a vote of the select board or board of selectmen to
173173 145approve the request of the moderator to hold a town meeting remotely or hybrid pursuant to
174174 146subsection (c) or (d), the town clerk shall submit certified copies of the vote of the select board
175175 147or board of selectmen and the written request of the moderator to the attorney general.
176176 148 (f) Any roll call vote taken at a representative or open town meeting held through remote
177177 149or hybrid participation pursuant to this section shall be taken by any means that the moderator
178178 150determines accurately and securely records the votes of those entitled to vote at the meeting,
179179 151including, but not limited to, roll call vote, electronic voting, voting by ballot, voting by phone or
180180 152any combination thereof. The vote of each voting member on a roll call vote shall be recorded
181181 153and kept with the minutes of the town meeting.
182182 154 (g) A representative or open town meeting held remotely or hybrid pursuant to this
183183 155section shall be recorded and the recording shall be preserved and made publicly available on the
184184 156town’s website for not less than 90 days after the conclusion of the remote or hybrid town
185185 157meeting.
186186 158 (h) All actions taken during a remote or hybrid town meeting held pursuant to this
187187 159section are hereby ratified, validated and confirmed to the same extent as if the town meeting had
188188 160been conducted in person and such actions are in accordance with all other applicable laws,
189189 161charter provisions, ordinances and by-laws.
190190 162 (j) The attorney general shall develop and adopt standards and guidelines for remote or
191191 163hybrid participation of town meetings.