[Massplanners] Question - In-person board meeting with remote participation and quorum issue

[Harry LaCortiglia]

Hi Matthew,

While I would submit that you are allowed to do so, although I would 
have reservations about your ability to accomplish it adequately from a 
purely technical perspective.

Both Board Members, as well as the public, must be able to see and hear 
the remote attending members (and the remote attendees need to be able 
to see everyone else, too). While this is simple in a fully remote 
meeting, it can be challenging in a hybrid situation such as the one you 
are proposing, depending upon the equipment you have available to you.

Ultimately, however, I believe it is the Chairperson's call.

If the Chair believes you can overcome those technical hurdles thenthe 
meeting/hearing can move forward. If the remote attendees lose 
connection or the Chair decides that the technical problems are 
disrupting the meeting, then they can determine that there is no quorum 
and you can ministerially continue the hearing due to a lack of quorum.

Again, I believe it is entirely the Chairperson's call.

If any members are attending remotely be sure to take roll call 
attendance at the beginning of the meeting, and all votes should be by 
roll call, if you do try it.

Finally, if you are meeting in person, while the State law allows in 
person meetings without a requirement for the quorum to be present, 
check to ensure that your local Remote Policy/Regs/Ordinances of 
Pembroke don't prohibit it. Many communities adopted 940 CMR 29.10 by 
local acceptance. (That may be where you got the "old" requirement for 
the full quorum to be physically present. ) If so, you may have a 
conflict there.

FYI- the legislature extended the Remote Meeting Order until March 31, 2023.


Good Luck!
H. LaCortiglia
Georgetown P.B.


On 8/22/2022 10:36 AM, Matthew Heins via MassPlanners wrote:
>
> 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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>
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