[Massplanners] S2475

[Harry LaCortiglia]

Hi Richard,

Respectfully, you're wrong.

My read is that for Hearings, virtual is ok provided we allow for 
"Participation".

We've been conducting Hearings this way via Zoom for months now. The 
Public posting of the Meeting on the town website provides a link and a 
phone number for anyone who wishes to join us. We've conducted Hearings 
with participation of well over a hundred citizens. When Public comment 
time comes, folks hold their virtual hands up for recognition by the 
Chair. They are then un-muted and provide testimony or ask questions. 
(It's actually working far better than I had anticipated.)

This latest extension language from the legislature and signed by the 
Governor is below. (Please excuse the line numbers and the crude paste 
job...)

I do recognize that some communities may be using a Remote Participation 
Application that doesn't allow for the public to join them without a 
specific invitation. If that's the case, then you're up the creek... or 
more accurately, you're in the real world meeting room again. ;)

Good Luck,

H. LaCortiglia

Chairman Georgetown P.B>



138 SECTION 20. (a) For the purposes of this section, “adequate, 
alternative means of public
139 access” shall mean measures that provide transparency and permit 
timely and effective public
140 access to the deliberations of the public body, including, but not 
limited to, providing public
141 access through telephone, internet, satellite enabled audio or video 
conferencing or any other
142 technology that enables the public to clearly follow the proceedings 
of the public body while
143 those activities are occurring.
144 (b) Notwithstanding section 20 of chapter 30A of the General Laws or 
any general or
145 special law to the contrary, a public body, as defined in section 18 
of said chapter 30A, shall not
146 be required to conduct its meetings in a public place that is open 
and physically accessible to the
147 public; provided, that if the public body does not conduct the 
meeting in a public place that is
148 open and physically accessible to the public, the public body shall 
ensure public access to the
149 deliberations of the public body for interested members of the 
public through adequate,
150 alternative means of public access. Where active, real-time 
participation by members of the
151 public is a specific requirement of a general or special law, 
regulation or a local ordinance or by-
152 law, pursuant to which the proceeding is conducted, any adequate, 
alternative means of public
153 access shall provide for such participation and shall be sufficient 
to meet such participation
154 requirement. A municipal public body that for reasons of economic 
hardship and despite best
155 efforts is unable to provide adequate, alternative means of public 
access that will enable the
156 public to follow the proceedings of the municipal public body as 
those activities are occurring in
157 real time may instead post on its municipal website a full and 
complete transcript, recording or
158 other comprehensive record of the proceedings as soon as practicable 
upon conclusion of the
159 proceedings. This paragraph shall not apply to proceedings that are 
conducted pursuant to a
160 general or special law, regulation or a local ordinance or by-law 
that requires allowance for
161 active participation by members of the public. A public body shall 
offer its selected adequate,
162 alternative means of public access to its proceedings without 
subscription, toll or similar charge
163 to the public.
164 (c) Notwithstanding subsection (d) of section 20 of chapter 30A of 
the General Laws or
165 any other general or special law to the contrary, a public body may 
allow remote participation by
166 all members in any meeting of the public body and a quorum of the 
body and the chair shall not
167 be required to be physically present at a specified meeting location.
168 (d) A public body that elects to conduct its proceedings under this 
section shall ensure
169 that any party entitled or required to appear before it shall be 
able to appear through remote
170 means, as if the party were a member of the public body and 
participating remotely as provided
171 in subsection (b).
172 (e) All other provisions of sections 18 to 25 of chapter 30A of the 
General Laws and the
173 attorney general’s implementing regulations shall otherwise remain 
unchanged and fully
174 applicable to the activities of public bodies.
175 (f) Notwithstanding said section 20 of said chapter 30A, if this 
section does not take
176 effect until after June 15, 2021, a public body may provide for 
remote meetings as specified in
177 this section and any action taken thereof shall be ratified, 
validated and confirmed as if this
178 section had been in place.


On 6/17/2021 9:38 AM, Richard McCarthy wrote:
>
> Good morning all,
>
> Seeking clarity, if we have public hearings those have to be in person 
> the extension only pertains to business that’s not a public hearing.
>
> I’m right or wrong?
>
> Sincerely,
>
> Richard J. McCarthy, Jr.
>
> Town Planner
>
> 1 Liberty Lane
>
> Norfolk, MA 02056
>
> 508-440-2807
>
> Office Hours- Monday through Thursday 9am to 6pm
>
> Closed Fridays
>
> Please be advised that the Secretary of State has determined that 
> e-mail sent by or received by municipal employees is a public record.
>
>
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