Amendment 782

Budget Amendment ID: FY2027-S4-782

OTH 782

Remote Town Meeting Pilot

Mr. Eldridge moved that the proposed new text be amended by inserting action section _ the following section:-

"SECTION XX. Chapter 39 of the General Laws, as appearing in the 2022 Official Edition, 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 or Select Boards 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 a hybrid of in-person and remote participation by means of a video conferencing platform. If a town does not have a moderator, the select board may call for any town meeting to be held through a hybrid of in-person and remote participation, in accordance with this paragraph. Whether a town meeting is held in person or through 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 customs.

(b) A notice of decision calling for a town meeting to be held through 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 a hybrid of in-person and remote participation in accordance with this section; (ii) the video 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 conferencing platform; and (B) the platform satisfactorily enables the hybrid 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.

(i) strictly limit voting at a 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 and/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 (f);

(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 the town meeting to be recorded; and

(vii) 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 and submit to the town clerk a written request to participate remotely in such a meeting, and thereupon shall be provided with appropriate physical and/or technological participation credentials and instructions for accessing the meeting remotely.

(e) Town meeting may vote to discontinue the use of remote participation at future town meetings.

(f) A 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."