[Massplanners] S2475

Thu Jun 17 10:21:41 EDT 2021

Good Morning All!

The AGO released this new guidance pertaining to virtual and hybrid
meetings which you can find here:
https://www.mass.gov/service-details/updated-guidance-on-holding-meetings-pursuant-to-the-act-extending-certain-covid-19-measures

I've pasted the first three paragraphs below:

This Act includes an extension, until April 1, 2022, of the remote meeting
provisions of his March 12, 2020, Executive Order Suspending Certain
Provisions of the Open Meeting Law. The new law has two major parts.

First, the new law allows public bodies to continue providing live
“adequate, alternative means” of public access to the deliberations of the
public body, instead of holding meetings in a public place that is open and
physically accessible to the public. “Adequate, alternative means” may
include, without limitation, providing public access through telephone,
internet, or satellite enabled audio or video conferencing or any other
technology that enables the public to clearly follow the proceedings of the
public body in real time.

Second, the new law authorizes all members of a public body to continue
participating in meetings remotely; the Open Meeting Law’s requirement that
a quorum of the body and the chair be physically present at the meeting
location remains suspended.
*So, based on that I think the very short answer is that you can continue
to hold virtual-only meetings for the time being.*

Best,

Christian Brandt, AICP
Planner and Community Engagement Specialist I
Metropolitan Area Planning Council
617-933-0796 | cbrandt at mapc.org

Den tor. 17. jun. 2021 kl. 10.07 skrev Harry LaCortiglia <
hlacortiglia at comcast.net>:

> 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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>

-- 
*Christian Brandt*
*90 School Street, Somerville, MA 02143*
*christian.w.brandt.12 at gmail.com <christian.w.brandt.12 at gmail.com> *
*208.596.2895*
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