An Act Concerning Meetings of Public Bodies Using Communications Technology
Maine Legislature, Session 126, LD 1809
Committee: Judiciary
Amends: 1 MRSA §403-A

Legislative Document 
No. 1809 
H.P. 1300 
House of Representatives, March 11, 2014 
An Act Concerning Meetings of Public Bodies Using 
Communications Technology 
Reported by Representative PRIEST of Brunswick for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph 
G. 
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218. 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA §403-A is enacted to read: 
§403-A.   Public proceedings through communications technology 
1.  Elected membership; prohibition.  A public body composed of elected members 
of a municipality, quasi-municipal entity or school administrative unit may not conduct a 
public proceeding in which a member participates in the discussion or transaction of 
public or governmental business when that member is not physically present at the 
location of the public proceeding. 
2.  Authorized participation.  A public body, except a public body composed of 
elected members, of a municipality, quasi-municipal entity or school administrative unit 
may conduct a public proceeding during which one or more members of the body 
participate in the discussion or transaction of public or governmental business through 
telephonic, video, electronic or other similar means of communication only if all of the 
following requirements are met: 
A.  The body has adopted a written policy that authorizes a member of the body who 
is not physically present to participate in a public proceeding through telephonic, 
video, electronic or other similar means of communication in accordance with this 
section.  The policy must establish criteria that must be met before a member may 
participate when not physically present.  If the policy allows a member who is not 
physically present to participate in an executive session, the policy must specifically 
address the circumstances under which the executive session may be conducted to 
ensure privacy; 
B.  Notice of the public proceeding has been given in accordance with section 406; 
C.  Except as provided in subsection 4, a quorum of the body is assembled physically 
at the location identified in the notice required by section 406; 
D.  Each member of the body participating in the public proceeding is able to hear all 
the other members and speak to all the other members during the public proceeding, 
and members of the public attending the public proceeding in the location identified 
in the notice required by section 406 are able to hear all members participating from 
other locations.  If documents or materials that include pictures, graphs, illustrations 
or other information presented in a visual format are part of the discussion, either the 
communications technology used must ensure that all members can see the 
documents and materials while the documents and materials are being discussed or 
the documents and materials must be provided to all members not physically present 
before or during the proceeding; 
E.  Each member who is not physically present and who is participating through 
telephonic, video, electronic or other similar means of communication identifies the 
persons present at the location from which the member is participating; 
F.  All votes taken during the public proceeding are taken by roll call vote; and 
G.  Each member who is not physically present and who is participating through 
telephonic, video, electronic or other similar means of communication has received 
prior to the public proceeding any documents or other materials that will be discussed 
at the public proceeding, with substantially the same content as those documents 
actually presented.  Documents or other materials made available at the public 
proceeding may be transmitted to the member not physically present during the 
public proceeding if the transmission technology is available. Failure to comply with 
this paragraph does not invalidate the action of a body in a public proceeding. 
3.  Voting; judicial or quasi-judicial proceeding.  A member of a body who is not 
physically present and who is participating in a judicial or quasi-judicial public 
proceeding through telephonic, video, electronic or other similar means of 
communication may not vote on any issue concerning testimony or other evidence 
provided during the judicial or quasi-judicial public proceeding. 
4.  Exception to quorum requirement.  A body may convene a public proceeding 
by telephonic, video, electronic or other similar means of communication without a 
quorum under subsection 2, paragraph C if: 
A.  An emergency has been declared in accordance with Title 22, section 802, 
subsection 2-A or Title 37-B, section 742 and: 
(1)  The public proceeding is necessary to take action to address the emergency; 
and 
(2)  The body otherwise complies with the provisions of this section to the extent 
practicable based on the circumstances of the emergency; or 
B.  The body is expressly authorized by its governing statute to convene a public 
proceeding by telephonic, video, electronic or other similar means of communication 
with less than a quorum of the body assembled physically at the location identified in 
the notice required by section 406. 
5.  Annual meeting.  If a body conducts one or more public proceedings pursuant to 
this section, it shall also hold at least one public proceeding annually during which 
members of the body in attendance are physically assembled at one location and where no 
members of the body participate by telephonic, video, electronic or other similar means 
of communication from a different location. 
SUMMARY 
This bill prohibits the use of telephonic, video, electronic or other similar means of 
communication to conduct public proceedings of elected public bodies of municipalities, 
quasi-municipal entities and school administrative units.  It allows nonelected public 
bodies of municipalities, quasi-municipalities and school administrative units to do so 
only if specific requirements are met.  Subject to the listed requirements, a body may 
conduct a public proceeding during which a member of the body participates in the 
discussion or transaction of public or governmental business through telephonic, video, 
electronic or other similar means of communication. 
1.  The body must adopt a policy that authorizes such participation and establishes the 
criteria that must be met under which a member may participate when not physically 
present.  If the policy authorizes such participation in an executive session, the policy 
must spell out the circumstances for conducting the executive session that will ensure the 
required privacy. 
2.  Notice of any proceeding must be provided in accordance with the Freedom of 
Access Act. 
3.  A quorum of the body must be physically present, except that under certain 
circumstances a body may convene a public proceeding by telephonic, video, electronic 
or other similar means of communication without a quorum assembled physically at one 
location.  One such circumstance is if the body's governing statute authorizes a meeting 
using the remote-access technology with less than a quorum physically present in the 
location listed in the meeting notice.  
4.  Members of the body must be able to hear and speak to each other during the 
proceeding.  If discussions are based on documents or materials that are in visual format, 
the technology used must also allow all members to see the materials unless the 
documents and materials are provided before or during the proceedings to all members 
not physically present. 
5.  A member who is participating remotely must identify the persons present in the 
location from which the member is participating. 
6.  All votes taken during the public proceeding must be taken by roll call vote. 
7.  Each member who is not physically present and who is participating through 
telephonic, video, electronic or other similar means of communication must have 
received, prior to the proceeding, any documents or other materials that will be discussed 
at the public proceeding, with substantially the same content as those documents actually 
presented. 
8.  A member of a body who is not physically present may not vote on any issue 
concerning testimony or other evidence provided during the public proceeding if it is a 
judicial or quasi-judicial proceeding. 
9.  If a body conducts one or more public proceedings using the remote-access 
technology, the body must also hold at least one public proceeding annually during which 
all members of the body in attendance are physically assembled at one location.