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

[Brandt, Christian]

Hi All!

MAPC’s engagement team has run/designed/facilitated numerous hybrid meetings at this point and put all of our learnings and experiences into this webpage: https://www.mapc.org/resource-library/hybrid-engagement/

Legal requirements of your meetings notwithstanding, if you have questions about (or just want to talk through!) your hybrid set up please feel free to reach out to me.

Best,

[cid:image001.png at 01D8B6D7.17A17230]
Check out our Community Engagement Department<https://www.mapc.org/our-work/services-for-cities-towns/community-engagement/> Website!



From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Harry LaCortiglia via MassPlanners
Sent: Tuesday, August 23, 2022 7:39 AM
To: massplanners at masscptc.org
Subject: Re: [Massplanners] Question - In-person board meeting with remote participation and quorum issue


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 then the 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<mailto: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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