Amendment #479 to H5500

Remote Town Meeting Pilot Program

Mr. Gentile of Sudbury moves to amend the bill by adding the following section:

“SECTION XXXX:

SECTION 1: Chapter 39 of the General Laws is hereby amended by inserting after Section 10A the following section:

SECTION 10B.

(a) In the towns of Wayland, Massachusetts, Concord Massachusetts, and the chronologically next three towns whose Open Town Meetings approve the use of remote participation, the town moderator may, in consultation with the select board, call for any town meeting to be held through remote participation or a hybrid of in-person and remote participation, including, but not limited to, by means of a video or telephone conferencing platform. If a town does not have a moderator, the select board may call for any town meeting to be held through remote participation or a hybrid of in-person and remote participation, in accordance with this paragraph. Whether a town meeting is held in person or through remote participation or a hybrid of in-person and remote participation, the town moderator shall retain and exercise all customary authority in the conduct of the meeting in accordance with all applicable laws, bylaws, municipal charters and local custom.

(b) A notice of decision calling for a town meeting to be held through remote participation or a hybrid of in-person and remote participation shall be prepared by the moderator printed in a legible, easily understandable format and duly published to the community, and shall contain: (i) the moderator’s determination to hold a town meeting through remote participation or a hybrid of in-person and remote participation in accordance with this section; (ii) the video or telephone conferencing platform the moderator has determined to use to hold the town meeting; (iii) confirmation that the moderator has consulted with the local disability commission or coordinator for federal Americans with Disabilities Act compliance; (iv) confirmation that the moderator has consulted with the select board; and (v) a certification by the moderator that: (A) the moderator or their designee has tested the video or telephone conferencing platform; and (B) the platform satisfactorily enables the remote portion of the town meeting to be conducted in substantially the same manner as if the meeting occurred in person at a physical location and in accordance with the operational and functional requirements set forth in this section.

(c) A video or telephone conference platform used by a town meeting for remote participation under this section shall, at minimum:

(i) strictly limit voting at an open, remote, or hybrid town meeting to only those persons confirmed by the town clerk to be eligible to participate and vote at that meeting.  Each person deemed eligible to participate and vote remotely shall be provided with appropriate physical or technological participation credentials designed to allow remote participation of all eligible voters who have so registered with the town clerk, while also establishing regularity in administration, minimizing inaccurate results and creating and maintaining a virtual and physical environment free from fraud, and as may be reasonably prescribed by the town moderator and the town clerk;

(ii) enable the moderator, voters, town officials and any other interested members of the public to identify and hear the moderator and each voter or other speaker recognized by the moderator, whether remotely or in person;

(iii) if applicable, determine whether a quorum is present;

(iv) enable a voter, town official or other individual authorized to participate in the meeting to request recognition by the moderator without prior authorization, consistent with any town meeting rules established by bylaw, charter or special act. To the extent technologically feasible, the request shall be visible or audible to the town meeting and the public in real time and upon review of the recording of the town meeting proceedings, preserved according to subsection (g);

(v) enable the moderator to determine when a remote or in person voter wishes to be recognized to speak, make a motion, raise a point of order or object to a request for unanimous consent;

(vi) enable the moderator to recognize a remote or in person voter, town official or other individual to speak and to enable that person to speak;

(vii) enable any interested members of the public to access the meeting remotely for purposes of witnessing the deliberations and actions taken at the town meeting, subject to the provisions of any applicable general or special law, town bylaw, or municipal charter; and

(viii) enable the town meeting to be recorded.

(ix) inform the moderator when remote participants are involuntarily disconnected, providing the moderator with the ability to continue or adjourn the meeting based on published policy.

(d) Eligible registered voters seeking to participate remotely in an open town meeting shall, as may be reasonably prescribed by the local town clerk, appear in person at the office of the town clerk [not less than five business days in advance] and submit to the town clerk a written request to participate remotely in such a meeting, and thereupon shall be provided with appropriate physical or technological participation credentials and instructions for accessing the meeting remotely.

(e) A remote or hybrid town meeting shall be recorded and the recording shall be preserved and made publicly available on the town’s website for at least 90 days after the dissolution of said town meeting and until the official minutes of the meeting have been prepared by the town clerk.

Additional co-sponsor(s) added to Amendment #479 to H5500

Remote Town Meeting Pilot Program