Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.10 - Remote Participation

Current through Register 1525, July 5, 2024
(1)
Preamble
. Remote participation may be permitted
			 subject to the following procedures and restrictions. However, the Attorney
			 General strongly encourages members of public bodies to physically attend
			 meetings whenever possible. By promulgating 940 CMR 29.10, the Attorney General
			 hopes to promote greater participation in government. Members of public bodies
			 have a responsibility to ensure that remote participation in meetings is not
			 used in a way that would defeat the purposes of M.G.L. c. 30A, §§ 18
			 through 25, namely promoting transparency with regard to deliberations and
			 decisions on which public policy is based.
(2)
Adoption of Remote
			 Participation
. Remote participation in meetings of public bodies
			 is not permitted unless the practice has been adopted as follows:
(a)
Local Public
			 Bodies
. The Chief Executive Officer, as defined in M.G.L. c. 4,
			 § 7, must authorize or, by a simple majority, vote to allow remote
			 participation in accordance with the requirements of 940 CMR 29.10, with that
			 authorization or vote applying to all subsequent meetings of all local public
			 bodies in that municipality.
(b)
Regional or District Public Bodies
. The regional or
			 district public body must, by a simple majority, vote to allow remote
			 participation in accordance with the requirements of 940 CMR 29.10, with that
			 vote applying to all subsequent meetings of that public body and its
			 committees.
(c)
Regional School Districts
. The regional school
			 district committee must, by a simple majority, vote to allow remote
			 participation in accordance with the requirements of 940 CMR 29.10, with that
			 vote applying to all subsequent meetings of that public body and its
			 committees.
(d)
County
			 Public Bodies
. The county commissioners must, by a simple
			 majority, vote to allow remote participation in accordance with the
			 requirements of 940 CMR 29.10, with that vote applying to all subsequent
			 meetings of all county public bodies in that county.
(e)
State Public
			 Bodies
. The state public body must, by a simple majority, vote to
			 allow remote participation in accordance with the requirements of 940 CMR
			 29.10, with that vote applying to all subsequent meetings of that public body
			 and its committees.
(f)
Retirement Boards
. A retirement board created pursuant
			 to M.G.L. c. 32, § 20 or M.G.L. c. 34B, § 19 must, by a simple
			 majority, vote to allow remote participation in accordance with the
			 requirements of 940 CMR 29.10, with that vote applying to all subsequent
			 meetings of that public body and its committees.
(g)
Local Commissions on
			 Disability
. In accordance with M.G.L. c. 30A, § 20(e), a
			 local commission on disability may, by majority vote of the commissioners at a
			 regular meeting, authorize remote participation applicable to a specific
			 meeting or generally to all of the commission's meetings. If a local commission
			 on disability is authorized to utilize remote participation, a physical quorum
			 of that commission's members shall not be required to be present at the meeting
			 location; provided, however, that the chair or, in the chair's absence, the
			 person authorized to chair the meeting, shall be physically present at the
			 meeting location. The commission shall comply with all other requirements of
			 law.