Legislature passes bill to extend remote meeting option for local boards

The House and Senate passed legislation on July 14 to extend key pandemic-era accommodations, including remote local government meeting authorizations, through March 31, 2023.

Under the bill (S. 2985), cities and towns would retain the option to hold public meetings remotely, following the same guidelines that have been in place since the COVID public health emergency was first declared in March 2020.

In May, the Senate had included a remote meeting extension in its fiscal 2023 state budget as an outside section, but with the July 15 expiration approaching and the state budget still tied up in negotiations, the Senate advanced the language as a standalone bill on July 5.

The House passed an extension bill on July 7, but the House version included language that would have created a permanent mandate for remote access to all public meetings, aside from those in executive session, with a provision requiring remote participation by the public if public participation is allowed or required at the meeting. The mandate would have gone into effect on April 1, 2023.

The MMA worked with its members and stakeholders across the Commonwealth to clarify that, despite the good intentions of the House bill, such an unfunded mandate presented unworkable financial, technological, logistical, and practical challenges for cities and towns. The Legislature took these concerns seriously and removed the mandate from the bill.

The MMA will continue to push for a permanent solution that gives municipalities the flexibility and funding they will need to expand participation and engagement through remote and hybrid meetings.

S. 2985 also includes the following pandemic-related provisions and authorizations related to public boards and town meetings, all of which were MMA priorities for this year and would be extended through March 31, 2023:
• Open town meeting quorums: The bill would allow select boards, in consultation with their town moderator, to lower quorum requirements for open town meetings to not less than 10% of the existing quorum level. The quorum provision includes a seven-day notification requirement before any select board vote.
• Remote representative town meetings: The bill would permit representative town meetings to once again have the option to meet remotely, if approved by the select board and town moderator, as well as the town meeting when it meets.

The bill is now on the governor’s desk for his consideration, and would go into effect immediately once signed.

Communities with public meetings scheduled for the period between July 15 and the bill being signed are encouraged to consult with their municipal legal counsel on the best course of action.