{"AmendmentNumber":"327","ParentBillNumber":"S3178","Bill":null,"Sponsor":{"Id":"RLR0","Name":"Rebecca L. Rausch","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/RLR0","ResponseDate":"2026-07-23T20:29:20.79"},"Category":null,"Action":"Adopted","RollCall":[],"Title":"Permanent hybrid public meetings and additional municipal supports","Branch":"Senate","RedraftNumber":1,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Ms. Rausch moves that the proposed new text be amended by inserting after section 38 the following 4 sections:-   \r\n“SECTION 38A. Chapter 30A of the General Laws is hereby amended by inserting after section 20 the following section:-\r\nSection 20A. (a) For the purposes of this section, “adequate, alternative means of public access” shall mean measures that provide transparency and permit timely and effective public access to a hybrid public meeting of a public body, including, but not limited to, providing public access through telephone, internet or satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow the proceedings of the meeting while the proceedings are occurring.\r\n(b) A public body may allow remote participation by any member for any meeting of the public body; provided, however, that: (i) if any member participates remotely, all votes taken shall be recorded as roll call votes; (ii) in a meeting conducted with a quorum of members participating both in person and remotely, voice votes may be taken upon a motion of the chair and a 2/3 roll call vote in the affirmative of the members present in the meeting; (iii) all members of a public body participating in the meeting, whether in person or remotely, shall be clearly audible; and (iv) for any meeting conducted with remote participation, the public body shall ensure that any party entitled to or required to appear before it may participate remotely.\r\n(c) Members participating remotely in a meeting may vote and shall be considered present and in attendance for all purposes, including, but not limited to, for purposes of determining a quorum and for the purposes of section 23D of chapter 39.\r\n(d) For any meeting conducted with remote participation, the public body shall make provisions to ensure adequate, alternative means of public access to the deliberations of the public body for interested members of the public; provided, however, that documents used for any such meeting shall be made available to the public before or at the time of the meeting; provided further, that for any such meeting where real-time participation by members of the public is permitted by any general or special law, charter, ordinance or by-law, adequate, alternative means of public access shall be provided to permit such remote participation; and provided, further, that a public body shall offer its selected adequate, alternative means of public access to meetings with remote participation without subscription, toll or similar charge to the public.\r\n(e) The chief executive officer of a municipality shall develop, and the executive body of the municipality shall adopt, standards and guidelines for remote participation prior to any meeting with remote participation held pursuant to this section; provided, however, that public bodies that are not a department or subdivision of a city or town shall adopt standards and guidelines for remote participation prior to any meeting with remote participation held pursuant to this section.\r\nSECTION 38B. Section 23 of said chapter 30A, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-\r\n(b)(1) An individual may file a complaint with a public body alleging violation of the open meeting law; provided, however, that the complaint:\r\n(i) reasonably describes the circumstances constituting the alleged violation;\r\n(ii) is filed with the public body within 20 business days of the date of the alleged violation;\r\n(iii) includes the postal mail and, where available, the electronic contact information of the individual filing the complaint; and\r\n(iv) is signed by the individual filing the complaint either in ink or in compliance with chapter 110G.\r\n(2) Complaints shall be deemed received: (i) if filed by electronic mail, on the business day of submission if submitted by 4:00 p.m. or otherwise on the next business day; or (ii) 3 days after mailing via first class postal mail.\r\n(3) A public body must meet to review and respond to a complaint not later than 14 business days after receipt thereof, confirm receipt of the complaint and identify any remedial actions taken or intended to be taken by the public body in response to the complaint; provided, however, that if a complainant files more than 12 complaints with the same public body within the same calendar year, or a complaint is otherwise unduly burdensome, the public body may file a petition with the attorney general seeking relief from the obligation to respond to the complaint. In determining whether to grant any such requested order requiring the public body to respond to the complaint, the attorney general may consider: (i) the previous record of compliance or non-compliance by the public body; (ii) the burden placed on the public body in responding to the complaint; (iii) any evidence of harassment or intimidation on the part of the complaints; (iv) the facts of the alleged violation; and (v) the number of complaints filed against the public body or other public bodies within the municipality. The attorney general may authorize an extension of time to the public body for the purpose of taking remedial action upon the written request showing good cause by the public body to grant the extension.\r\n(4) The public body shall, within 14 business days of receipt of a complaint, unless granted an extension of time pursuant to paragraph (3), send a copy of the complaint to the attorney general and notify the attorney general of any remedial action.\r\n(5) Any remedial action taken pursuant to paragraph (3) shall not be admissible as evidence against the public body in any subsequent administrative or judicial proceeding related to the alleged violation.\r\nSECTION 38C. Said section 23 of said chapter 30A, as so appearing, is hereby further amended by inserting after the word “a”, in line 19, the following words:- petition for review of an open meeting law.\r\nSECTION 38D. Chapter 39 of the General Laws is hereby amended by inserting after section 10A the following section:-\r\nSection 10B. (a) In a town having a representative town meeting form of government, the town moderator may request that the select board authorize remote participation for a town meeting. Such a request by the moderator to the select board shall be in writing and shall include, but not be limited to: (i) the moderator’s request to incorporate remote participation in 1 or more upcoming town meetings; (ii) the technology platform the moderator has identified for remote participation in town meeting; (iii) confirmation that the moderator has consulted with the local disability commission or coordinator for compliance with the federal Americans with Disabilities Act; and (iv) certification that: (A) the moderator has tested the remote participation method; and (B) the remote participation method satisfactorily enables the town meeting to be conducted in substantially the same manner as if the meeting occurred in-person and in accordance with the operational and functional requirements set forth in this section.\r\n(b)(1) A decision to authorize remote participation for a town meeting shall be made by a select board not later than 10 business days prior to the town meeting or not later than 10 business days following receipt of a written request by the moderator, whichever is earlier.\r\n(2) Not later than 3 business days following a decision to authorize remote participation for a town meeting, the select board shall issue adequate notice, pursuant to this paragraph, of a remote participation option to all town meeting members, known interested parties with business before the town meeting, and the public, consistent with applicable local rules and practices governing such notice; provided, however, that the notice shall include, but not be limited to, the date and time of the meeting and information necessary to request remote participation access, consistent with subsection (d); and provided further, that the notice shall be accompanied by the written request of the moderator submitted under subsection (a) and filed and posted in accordance with subsection (b) of section 10A of chapter 39.\r\n(c) A remote participation method used by a town meeting for remote participation under this section shall: (i) strictly limit voting to only those confirmed by the town clerk to be eligible to vote at that meeting; provided, however, that each person deemed eligible to vote shall be provided with appropriate physical or technological participation credentials designed to allow remote participation of all eligible voters, establish regularity in administration and minimize inaccurate results or fraud; and (ii) enable:\r\n(A) the moderator, town meeting members, town officials and any other interested parties to identify and hear the moderator and each speaker recognized by the moderator, whether participating remotely or in person;\r\n(B) the moderator to determine whether a quorum is present;\r\n(C) a town meeting member, town official or other individual authorized to participate in the meeting to request recognition by the moderator without prior authorization, consistent with applicable town meeting rules, bylaws, ordinances, charter or special acts; provided, however, that to the extent technologically feasible, the request shall be visible or audible to the town meeting members and the public in real time and upon review of the recording of the town meeting proceedings, consistent with clause (H);\r\n(D) the moderator to determine when a town meeting member or other individual wishes to be recognized to speak, make a motion, raise a point of order or object to a request for unanimous consent, whether participating remotely or in person;\r\n(E) the moderator to recognize a town meeting member, town official or other individual to speak and to enable that person to speak, whether participating remotely or in person;\r\n(F) the moderator to conduct a recorded roll call vote; provided, however, that all roll call votes shall be kept with the minutes of the meeting and preserved in accordance with clause (H);\r\n(G) any interested members of the public to access the meeting remotely for purposes of witnessing the deliberations and actions taken at the town meeting, consistent with applicable town meeting rules, bylaws, ordinances, charter or special acts; and\r\n(H) the town meeting to be recorded; provided, however, that the recording shall be preserved and made publicly available on the town’s website for not less than 90 days after the dissolution of the town meeting and until the official minutes of the meeting have been prepared by the town clerk.\r\n(d) An individual seeking to participate remotely in a town meeting shall submit a remote participation request to the town clerk not less than 48 hours in advance of the meeting; provided, however, that upon receipt of the request and verification of the requester’s eligibility to participate in the town meeting, in consultation with the town moderator as applicable, the town clerk shall provide appropriate remote participation credentials, instructions and materials.”.\r\n"}