[Massplanners] Question - In-person board meeting with remote participation and quorum issue
Daniel Amstutz
DAmstutz at town.arlington.ma.us
Mon Aug 22 11:11:25 EDT 2022
Note that the provisions to allow for remote meetings was extended until the
end of March, 2023, not July. See: https://www.mass.gov/the-open-meeting-law
The answer to your question is probably answered on the summary on the
website, in part: "Specifically, this extension allows public bodies to
continue holding meetings remotely without a quorum of the public body
physically present at a meeting location, and to provide "adequate,
alternative" access to remote meetings."
I would personally be wary of allowing committee/board members to
participate remotely without advertising it as such to allow the public to
also participate remotely. In Arlington, we are generally doing either
totally remote or totally in person, due to the challenges of attempting to
go hybrid. Only the Select Board has really attempted to be remote because
they have the proper meeting facilities and staff to make it work.
Daniel Amstutz, AICP
Senior Transportation Planner
Department of Planning & Community Development
Town of Arlington
730 Massachusetts Avenue
Arlington, MA 02476
(781) 316-3093
damstutz at town.arlington.ma.us
*Arlington values equity, diversity, and inclusion. We are committed to
building a community where everyone is heard, respected, and protected.*
From: Matthew Heins via MassPlanners <massplanners at masscptc.org>
To: "MassPlanners at masscptc.org" <massplanners at masscptc.org>
Date: Mon, 22 Aug 2022 14:36:08 +0000
Subject: [Massplanners] Question - In-person board meeting with remote
participation and quorum issue
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Dear MassPlanners,
In the old days before Covid, I recall that it was allowable for one board
member to participate remotely in a board meeting (under certain rules and
restrictions, of course), provided that a quorum of the board was still
physically present at the meeting. Then with Covid, of course, entirely
remote meetings became allowed, and I believe that state legislation was
recently extended in mid-July. So my understanding is that entirely remote
meetings (or hybrid meetings) are still allowed.
Now here’s my question: If we specify on the agenda that a planning board
or zoning board meeting is taking place in person (with no mention of it
being remote or hybrid, and no mention of a remote option), is it allowable
(under the current rules) if we don’t have a quorum physically present,
but we do have a quorum counting both those participating remotely and those
physically present?
I appreciate any advice you can provide.
Best,
Matthew Heins
Planning Board Assistant
Town of Pembroke
Email: mheins at townofpembrokemass.org
Phone: 781-709-1433 / Fax: 781-709-1453
Address: Office of the Planning Board, Pembroke Town Hall, 100 Center St.,
Pembroke, MA 02359
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