[Massplanners] S2475

Thu Jun 17 10:38:28 EDT 2021

Richard,

If you are holding "in-person" meetings and hearings, I don't see that this
new law nor the guidance "requires" you to provide a means of "virtual" or
"remote" participation.

The law "allows" holding virtual, remote meetings and if you choose to do
so, you need to provide "adequate, alternative means" for participation.

Thank you.

*Richard Harris, AICP*
*Director of Planning & Conservation*
*Town of South Hadley*
*Room U6*
*413-538-5030 Ext 6128*

On Thu, Jun 17, 2021 at 10:33 AM Richard McCarthy <rmccarthy at norfolk.ma.us>
wrote:

> Christian and Harry,
>
>
>
> Sounds like I’m missing it but I raised the question based on highlighted
> text in AG guidance.  40A Section 11 requires date, time and place for
> public hearings.  I will restate my question this way. If we are holding
> public hearings in person are we required to provide adequate alternative
> means?
>
> *Updated guidance on holding meetings pursuant to the Act Extending
> Certain COVID-19 Measures*
>
> Guidance Update – June 16, 2021
>
> On June 16, 2021, Governor Baker signed into law An Act Extending Certain
> COVID-19 Measures Adopted During the State of Emergency.  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.
>
> The new law provides that a municipal public body that, for reasons of
> economic hardship and despite best efforts, is unable to provide
> alternative means of public access that will enable the public to follow
> the proceedings in real time, may instead post a full and complete
> transcript, recording, or other comprehensive record on its website as soon
> as practicable after the meeting.  In light of the various free and
> low-cost technologies that could be used to provide the public with real
> time access, the Division of Open Government strongly recommends that a
> municipal public body consult with our office before determining that it is
> unable to provide the public with real time access to a meeting. Furthermore,
> this provision is not available for meetings when another general or
> special law, regulation or a local ordinance or by-law requires allowance
> for active participation by members of the public, such as in the case of
> certain public hearings.
>
> All other provisions of the Open Meeting Law and regulations, such as the
> requirements regarding posting notice of meetings and creating and
> maintaining accurate meeting minutes, remain in effect. Public bodies are
> reminded that notice of all meetings must be posted at least 48 hours in
> advance, not including weekends and holidays, and the meeting notice must
> clearly specify how the public may access the meeting, whether in-person,
> remote or both.
>
>
>
> 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.
>
>
>
>
>
>
>
>
>
> *From:* MassPlanners [mailto:massplanners-bounces at masscptc.org] *On
> Behalf Of *Christian Brandt
> *Sent:* Thursday, June 17, 2021 10:22 AM
> *To:* Harry LaCortiglia
> *Cc:* massplanners at masscptc.org
> *Subject:* Re: [Massplanners] S2475
>
>
>
> 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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