Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2043 Compare Versions

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

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2	2	SENATE DOCKET, NO. 1059 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2043
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jacob R. Oliveira
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 to modernize municipal meetings, town meetings, and local elections.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jacob R. OliveiraHampden, Hampshire and Worcester 1 of 9
16	16	SENATE DOCKET, NO. 1059 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2043
18	18	By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2043) of Jacob R. Oliveira for
19	19	legislation to modernize municipal meetings, town meetings, and local elections. State
20	20	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 to modernize municipal meetings, town meetings, and local elections.
27	27	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
28	28	modernize various procedural aspects of municipal governance, and, in particular, to protect
29	29	municipal hearings and meetings, town meetings and local elections as cities and towns in the
30	30	commonwealth transition from the end of national and global public health emergencies to
31	31	normal operations, therefore it is hereby declared to be an emergency law, necessary for the
32	32	immediate preservation of the public health and convenience.
33	33	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
34	34	of the same, as follows:
35	35	1 SECTION 1. For the purposes of this Act, the term “Select Board” shall have the same
36	36	2meaning as “Board of Selectmen” as that term is used in any general or special law or municipal
37	37	3charter.
38	38	4 SECTION 2. Chapter 30A of the General Laws, as appearing in the 2020 Official
39	39	5Edition, is hereby amended by striking out paragraphs (d) and (e) of section 20 and renumbering
40	40	6the remaining paragraphs accordingly.
41	41	7 SECTION 3. Chapter 30A of the General Laws, as appearing in the 2020 Official
42	42	8Edition, is hereby amended by inserting after section 20 the following section:- 2 of 9
43	43	9 SECTION 20A
44	44	10 (a) A public body may elect to allow remote participation by any member for any
45	45	11meeting of the public body. For the purposes of this section, the term remote participation means
46	46	12participation by a member of a public body by means other than physical presence, which may
47	47	13include, without limitation, participation by telephone, audio or video conferencing or any other
48	48	14technology that enables each member of the public body to be audible to all other members of
49	49	15the public body and the public.
50	50	16 (b) Members remotely participating in a meeting may vote, and shall be considered
51	51	17present and in attendance for all purposes, including for purposes of determining a quorum and
52	52	18for the purposes of section 23D of chapter 39.
53	53	19 (c) If a public body allows remote participation by its members for a meeting under
54	54	20subsection (a), it may also allow remote participation by members of the public and any party
55	55	21entitled or required to appear before it in accordance with the following requirements:
56	56	22 (i) A public body that elects to conduct its proceedings completely or partially through
57	57	23remote means in accordance with this section shall ensure public access to the deliberations of
58	58	24the public body for interested members of the public through adequate, alternative means. A
59	59	25public body shall offer its selected adequate, alternative means of public access to its
60	60	26proceedings without subscription, toll, or similar charge to the public.
61	61	27 (ii) Documents intended to be used for any such meeting shall be made available to
62	62	28members of the public body before or during the course of the meeting of the public body subject
63	63	29to any limitations as may be imposed by law. 3 of 9
64	64	30 (iii) If the opportunity for participation at a meeting of a public body by an individual or
65	65	31the public is a specific requirement of a particular general or special law or state regulation,
66	66	32charter, local ordinance or bylaw, any alternative means of public access shall provide for the
67	67	33required opportunity to participate; provided further however that this section shall not impose
68	68	34on any public body a general requirement to allow the public to speak, absent an applicable
69	69	35special law or charter, or to participate in the debate of the public body. A public body shall offer
70	70	36its selected alternative means of public access to virtual meetings without subscription, toll, or
71	71	37similar charge to the public.
72	72	38 (iv) If a member is participating remotely, all votes taken shall be recorded roll call votes.
73	73	39 (v) A municipal public body that for reasons of economic hardship is unable to provide
74	74	40adequate, alternative means of public access that will enable the public to follow the proceedings
75	75	41of the municipal public body may instead post on its municipal website a full and complete
76	76	42transcript, recording or other comprehensive record of the proceedings as soon as practicable
77	77	43upon conclusion of the proceedings.
78	78	44 (d) Notwithstanding any other provision of this section, the chief executive officer of a
79	79	45municipality may develop and adopt standards and guidelines regarding remote participation of
80	80	46public bodies of that municipality; provided however that a local commission on disability may
81	81	47adopt its own standards and guidelines for remote participation applicable to meetings of such
82	82	48local commission on disability only.
83	83	49 (e) State, county, and regional public bodies, and public bodies that are not otherwise a
84	84	50department or subdivision of a city or town, may adopt their own standards and guidelines for
85	85	51remote participation applicable to meetings of such public body. 4 of 9
86	86	52 SECTION 4. Within ninety (90) days of the effective date of this act, the attorney general
87	87	53shall develop best practices for remote participation of public bodies in furtherance of the
88	88	54foregoing Section 3 of this act provided, however, that such proposed best practices guidelines
89	89	55shall not take effect until a public hearing, for which at least 2 weeks notice is provided and such
90	90	56proposed guidelines are made available to the public, is held 2 weeks has passed since that public
91	91	57hearing.
92	92	58 SECTION 5. Chapter 39 of the general laws, as appearing in the 2020 Official Edition, is
93	93	59hereby amended by inserting after Section 10A the following two sections:
94	94	60 SECTION 10B.
95	95	61 (a) Notwithstanding any general or special law, charter provision or bylaw to the
96	96	62contrary, a select board may vote, prior to the date nomination papers must be submitted to the
97	97	63town clerk under the provisions of section 7 of chapter 53 of the general laws, to delay the date
98	98	64of an annual election to a date no earlier than 64 days from the vote to postpone and no later than
99	99	65June 30 of that fiscal year.
100	100	66 (b) Notwithstanding any general or special law, charter provision or bylaw to the
101	101	67contrary, a select board may, during any weather-related, public safety or public health
102	102	68emergency declared by the chief executive officer of the town or the governor, and for the 5 days
103	103	69after such emergency has terminated, postpone a properly posted caucus or election to an initial
104	104	70date certain. If the nature of the emergency precludes identification of an initial date certain or
105	105	71renders the initial date inconvenient or impossible, the select board shall meet expeditiously, in
106	106	72accordance with chapter 30A of the general laws, and after consultation with the town clerk, to
107	107	73vote on a date certain. 5 of 9
108	108	74 (c) (i) If an election is postponed hereunder, all of the deadlines applicable to and all of
109	109	75materials prepared for and submitted in connection with the original election shall be used at
110	110	76such postponed election; provided, however, that if an election is postponed for less than 7 days,
111	111	77early voting by mail and absentee ballots properly received prior to the close of polls on the date
112	112	78of the postponed election shall be treated as if they were timely received. If a scheduled election
113	113	79is postponed for more than 7 days from the original date, any such election shall be held no
114	114	80earlier than 15 days from the date of the postponement to accommodate additional voter
115	115	81registration, early voting by mail and absentee voting by the otherwise applicable statutory
116	116	82deadlines.
117	117	83 (ii) Except as set forth herein, all provisions of election law applicable to the original
118	118	84election shall apply to such postponed election in the same manner.
119	119	85 (iii) Notwithstanding any provision of chapter 30A or other state or local law to the
120	120	86contrary, a meeting to vote on a postponement may be held by remote participation of some or
121	121	87all of the members, and such public body shall endeavor, to the maximum event possible, to
122	122	88comply with all other provisions of sections 18 to 25 of chapter 30A. If the public body is not
123	123	89able to comply with the provisions of said chapter 30A, it shall hold a properly posted meeting
124	124	90within one week following at which an item substantially similar to the following shall appear on
125	125	91the agenda: “Review action taken at (date) (time) meeting of (name of board) and adopt minutes
126	126	92from such meeting to be included with the minutes of this meeting”.
127	127	93 (d) Notice of postponement shall be prepared by the town clerk and printed in a legible,
128	128	94easily understandable format with the date, time and place of the rescheduled caucus or election,
129	129	95the reason for the postponement, and the date and time of the select board vote for postponement. 6 of 9
130	130	96To the extent practicable, notice shall be posted in the manner in which that municipality
131	131	97provides notice of meetings pursuant to chapter 30A, whether on the municipal website or in a
132	132	98manner conspicuously visible to the public at all hours in or on the municipal building in which
133	133	99the clerk’s office is located. The town clerk shall forthwith send a copy of the notice to the
134	134	100offices of the attorney general and secretary of the commonwealth, and may use any other form
135	135	101of communication to notify the voters of the postponement, including but not limited to
136	136	102electronic, broadcast or print media.
137	137	103 SECTION 10C.
138	138	104 (a) In a town having a representative or open town meeting form of government, the town
139	139	105moderator may, in consultation with the select board and local public safety or public health
140	140	106officials, call for any town meeting to be held through remote participation or a hybrid of in-
141	141	107person and remote participation, including, but not limited to, by means of a video or telephone
142	142	108conferencing platform. If a town does not have a moderator, the select board may call for any
143	143	109town meeting to be held through remote participation or a hybrid of in-person and remote
144	144	110participation in accordance with this paragraph.
145	145	111 (b) A notice of decision to hold town meeting through remote participation or a hybrid of
146	146	112in-person and remote participation shall be prepared by the moderator and printed in a legible,
147	147	113easily understandable format and shall contain: (i) the moderator’s determination and request to
148	148	114hold a town meeting through remote participation or a hybrid of in-person and remote
149	149	115participation in accordance with this section; (ii) the video or telephone conferencing platform
150	150	116the moderator has determined to use to hold the town meeting; (iii) confirmation that the
151	151	117moderator has consulted with the local disability commission or coordinator for federal 7 of 9
152	152	118Americans with Disabilities Act compliance; (iv) confirmation that the moderator has consulted
153	153	119with the select board; and (v) a certification by the moderator that: (A) the moderator has tested
154	154	120the video or telephone conferencing platform; and (B) the platform satisfactorily enables the
155	155	121remote portion of the town meeting to be conducted in substantially the same manner as if the
156	156	122meeting occurred in person at a physical location and in accordance with the operational and
157	157	123functional requirements set forth in this section.
158	158	124 (c) A video or telephone conference platform used by a town meeting for remote
159	159	125participation under this section shall, at minimum:
160	160	126 (i) strictly limit voting at an open, remote, or hybrid town meeting to only those
161	161	127confirmed by the town clerk to be eligible to vote at that meeting, Each person deemed eligible
162	162	128to vote shall be provided with appropriate physical or technological participation credentials
163	163	129designed to allow remote participation of all eligible voters while also establishing regularity in
164	164	130administration, minimizing inaccurate results and creating and maintaining a virtual and physical
165	165	131environment free from fraud;
166	166	132 (ii) enable the moderator, voters, representative town meeting members, town officials
167	167	133and any other interested members of the public to identify and hear the moderator and each voter
168	168	134or other speaker recognized by the moderator, whether remotely or in person;
169	169	135 (iii) if applicable, determine whether a quorum is present;
170	170	136 (iv) a voter, town meeting member, town official or other individual authorized to
171	171	137participate in the meeting to request recognition by the moderator without prior authorization,
172	172	138consistent with any town meeting rules established by bylaw, charter or special act. To the extent
173	173	139technologically feasible, the request shall be visible or audible to the town meeting and the 8 of 9
174	174	140public in real time and upon review of the recording of the town meeting proceedings, preserved
175	175	141according to subsection (h);
176	176	142 (v) the moderator to determine when a remote or in person voter wishes to be recognized
177	177	143to speak, make a motion, raise a point of order or object to a request for unanimous consent;
178	178	144 (vi) the moderator to recognize a remote or in person voter, town official or other
179	179	145individual to speak and to enable that person to speak;
180	180	146 (vii) in the case of a representative town meeting, the ability to conduct a roll call vote;
181	181	147 (viii) any interested members of the public to access the meeting remotely for purposes of
182	182	148witnessing the deliberations and actions taken at the town meeting, subject to the provisions of
183	183	149any municipal charter; and
184	184	150 (ix) the town meeting to be recorded.
185	185	151 (d) (i) Registered voters, other than representatives elected or appointed in accordance
186	186	152with applicable state or local law, seeking to participate remotely in a representative town
187	187	153meeting shall, not less than 48 hours in advance, submit to the town moderator a request to
188	188	154participate in the meeting. Upon receipt of the request and verification of the requester’s voter
189	189	155registration status, the designated official shall provide appropriate physical or technological
190	190	156participation credentials; nothing herein shall be construed to require greater participation by
191	191	157voters or non-town meeting members than required by any applicable general or special law or
192	192	158municipal charter.
193	193	159 (ii) Eligible registered voters seeking to participate remotely in an open town meeting
194	194	160shall be provided with instructions, no later than 48 hours in advance, as to how to access 9 of 9
195	195	161appropriate physical or technological participation credentials; provided, however that the
196	196	162inability to comply with this subparagraph shall require that the meeting be delayed until a
197	197	163quorum is reached or 30 minutes has passed, whichever occurs sooner.
198	198	164 (e) Prior to taking up any business at a remote or hybrid town meeting, and following the
199	199	165determination of a quorum, if applicable, the meeting shall vote on whether to commence the
200	200	166business of the meeting using remote or hybrid access. If the town meeting votes to continue,
201	201	167then the town meeting shall proceed to hold a remote or hybrid meeting to address the articles in
202	202	168the warrant. If the town meeting votes not to conduct the town meeting by remote or hybrid
203	203	169means, then the town meeting shall be adjourned, without further action, to the date, time and
204	204	170place specified in the notice or warrant or to such other time, date and place as may be approved
205	205	171by town meeting.
206	206	172 (f) Votes taken by a roll call vote at a remote or hybrid representative town meeting shall
207	207	173be recorded and kept with the minutes of the town meeting.
208	208	174 (g) A remote or hybrid town meeting shall be recorded and the recording shall be
209	209	175preserved and made publicly available on the town’s website for at least 90 days after the
210	210	176dissolution of said town meeting and until the official minutes of the meeting have been prepared
211	211	177by the town clerk.