Current through Register 1531, September 27, 2024
(1)
Preamble. Remote participation may be permitted
subject to the following procedures and restrictions. However, the Attorney
General strongly encourages members of public bodies to physically attend
meetings whenever possible. By promulgating 940 CMR 29.10, the Attorney General
hopes to promote greater participation in government. Members of public bodies
have a responsibility to ensure that remote participation in meetings is not
used in a way that would defeat the purposes of M.G.L. c. 30A, §§ 18
through 25, namely promoting transparency with regard to deliberations and
decisions on which public policy is based.
(2)
Adoption of Remote
Participation. Remote participation in meetings of public bodies
is not permitted unless the practice has been adopted as follows:
(a)
Local Public
Bodies. The Chief Executive Officer, as defined in M.G.L. c. 4,
§ 7, must authorize or, by a simple majority, vote to allow remote
participation in accordance with the requirements of 940 CMR 29.10, with that
authorization or vote applying to all subsequent meetings of all local public
bodies in that municipality.
(b)
Regional or District Public Bodies. The regional or
district public body must, by a simple majority, vote to allow remote
participation in accordance with the requirements of 940 CMR 29.10, with that
vote applying to all subsequent meetings of that public body and its
committees.
(c)
Regional School Districts. The regional school
district committee must, by a simple majority, vote to allow remote
participation in accordance with the requirements of 940 CMR 29.10, with that
vote applying to all subsequent meetings of that public body and its
committees.
(d)
County
Public Bodies. The county commissioners must, by a simple
majority, vote to allow remote participation in accordance with the
requirements of 940 CMR 29.10, with that vote applying to all subsequent
meetings of all county public bodies in that county.
(e)
State Public
Bodies. The state public body must, by a simple majority, vote to
allow remote participation in accordance with the requirements of 940 CMR
29.10, with that vote applying to all subsequent meetings of that public body
and its committees.
(f)
Retirement Boards. A retirement board created pursuant
to M.G.L. c. 32, § 20 or M.G.L. c. 34B, § 19 must, by a simple
majority, vote to allow remote participation in accordance with the
requirements of 940 CMR 29.10, with that vote applying to all subsequent
meetings of that public body and its committees.
(g)
Local Commissions on
Disability. In accordance with M.G.L. c. 30A, § 20(e), a
local commission on disability may, by majority vote of the commissioners at a
regular meeting, authorize remote participation applicable to a specific
meeting or generally to all of the commission's meetings. If a local commission
on disability is authorized to utilize remote participation, a physical quorum
of that commission's members shall not be required to be present at the meeting
location; provided, however, that the chair or, in the chair's absence, the
person authorized to chair the meeting, shall be physically present at the
meeting location. The commission shall comply with all other requirements of
law.
(3)
Revocation of Remote Participation. Any person or
entity with the authority to adopt remote participation pursuant to 940 CMR
29.10(2) may revoke that adoption in the same manner.
(4)
Minimum Requirements for
Remote Participation.
(a) Members
of a public body who participate remotely and all persons present at the
meeting location shall be clearly audible to each other as required by M.G.L.
c. 30A, § 20(d);
(b) A quorum
of the body, including the chair or, in the chair's absence, the person
authorized to chair the meeting, shall be physically present at the meeting
location as required by M.G.L. c. 30A, § 20(d);
(c) Members of public bodies who participate
remotely may vote and shall not be deemed absent for the purposes of M.G.L. c.
39, § 23D.
(5)
Permissible Reason for Remote Participation. If remote
participation has been adopted in accordance with 940 CMR 29.10(2), a member of
a public body shall be permitted to participate remotely in a meeting in
accordance with the procedures described in 940 CMR 29.10(7) only if physical
attendance would be unreasonably difficult.
(6)
Technology.
(a) The following media are acceptable
methods for remote participation. Remote participation by any other means is
not permitted. Accommodations shall be made for any public body member who
requires TTY service, video relay service, or other form of adaptive
telecommunications.
1. telephone, internet, or
satellite enabled audio or video conferencing;
2. any other technology that enables the
remote participant and all persons present at the meeting location to be
clearly audible to one another.
(b) When video technology is in use, the
remote participant shall be clearly visible to all persons present in the
meeting location.
(c) The public
body shall determine which of the acceptable methods may be used by its
members.
(d) The chair or, in the
chair's absence, the person chairing the meeting, may decide how to address
technical difficulties that arise as a result of utilizing remote
participation, but is encouraged wherever possible to suspend discussion while
reasonable efforts are made to correct any problem that interferes with a
remote participant's ability to hear or be heard clearly by all persons present
at the meeting location. If technical difficulties result in a remote
participant being disconnected from the meeting, that fact and the time at
which the disconnection occurred shall be noted in the meeting
minutes.
(e) The amount and source
of payment for any costs associated with remote participation shall be
determined by the applicable adopting entity identified in 940 CMR
29.10(2).
(7)
Procedures for Remote Participation.
(a) Any member of a public body who wishes to
participate remotely shall, as soon as reasonably possible prior to a meeting,
notify the chair or, in the chair's absence, the person chairing the meeting,
of his or her desire to do so and the reason for and facts supporting his or
her request.
(b) At the start of
the meeting, the chair shall announce the name of any member who will be
participating remotely. This information shall also be recorded in the meeting
minutes.
(c) All votes taken during
any meeting in which a member participates remotely shall be by roll call
vote.
(d) A member participating
remotely may participate in an executive session, but shall state at the start
of any such session that no other person is present and/or able to hear the
discussion at the remote location, unless presence of that person is approved
by a simple majority vote of the public body.
(e) When feasible, the chair or, in the
chair's absence, the person chairing the meeting, shall distribute to remote
participants in advance of the meeting, copies of any documents or exhibits
that he or she reasonably anticipates will be used during the meeting. If used
during the meeting, such documents shall be part of the official record of the
meeting and shall be listed in the meeting minutes and retained in accordance
with M.G.L. c. 30A, § 22.
(8)
Further Restriction by
Adopting Authority. 940 CMR 29.10 does not prohibit any person or
entity with the authority to adopt remote participation pursuant to 940 CMR
29.10(2) from enacting policies, laws, rules or regulations that prohibit or
further restrict the use of remote participation by public bodies within that
person or entity's jurisdiction, provided those policies, laws, rules or
regulations do not violate state or federal law.
(9)
Remedy for
Violation. If the Attorney General determines after investigation
that 940 CMR 29.10 has been violated, the Attorney General may resolve the
investigation by ordering the public body to temporarily or permanently
discontinue its use of remote participation.
