Massachusetts H 4769: An Act authorizing remote participation at representative town meetings due to the COVID-19 emergency

Bill Text

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HOUSE DOCKET, NO. 5024 FILED ON: 4/10/2020
HOUSE . . . . . . . . . . . . . . . No. 4769

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michelle L. Ciccolo and Tommy Vitolo
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing remote participation at representative town meetings due to the COVID-19
emergency.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Michelle L. Ciccolo 15th Middlesex 4/10/2020
Tommy Vitolo 15th Norfolk 4/10/2020
Nika C. Elugardo 15th Suffolk 4/16/2020
Sean Garballey 23rd Middlesex 4/16/2020
David Paul Linsky 5th Middlesex 4/16/2020
Michael J. Barrett Third Middlesex 4/16/2020
John Barrett, III 1st Berkshire 4/16/2020
Louis L. Kafka 8th Norfolk 4/16/2020
William M. Straus 10th Bristol 4/16/2020
Daniel R. Carey 2nd Hampshire 4/16/2020
Tami L. Gouveia 14th Middlesex 4/17/2020
David M. Rogers 24th Middlesex 4/17/2020
Hannah Kane 11th Worcester 4/17/2020
Michael J. Finn 6th Hampden 4/17/2020
Richard M. Haggerty 30th Middlesex 4/17/2020
Michael O. Moore Second Worcester 4/17/2020

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HOUSE DOCKET, NO. 5024 FILED ON: 4/10/2020
HOUSE . . . . . . . . . . . . . . . No. 4769
By Representatives Ciccolo of Lexington and Vitolo of Brookline, a petition (subject to Joint
Rule 12) of Michelle L. Ciccolo, Tommy Vitolo and others relative to authorizing remote
participation at representative town meetings due to the COVID-19 emergency. Municipalities
and Regional Government.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________

An Act authorizing remote participation at representative town meetings due to the COVID-19
emergency.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
protect both public health and the viability of town meetings in the face of the state, national, and
global public health emergencies existing as a result of COVID-19 pandemic, therefore it is
hereby declared to be an emergency law, necessary for the immediate preservation of the public
health and convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. During the state of emergency declared by the governor on March 10,
2 2020, related to the COVID-19 pandemic, if the moderator in a town having a representative
3 town meeting form of government determines that it is not possible to safely assemble the town
4 meeting members and interested members of the public in a common location while complying
5 with any applicable state or local orders, directives, or guidance concerning public assemblies,
6 the moderator may, notwithstanding any general or special laws, charter provisions or bylaws to
7 the contrary, request the select board of said town to call for any such representative town
8 meeting to be held through remote participation by means of a video conferencing platform.

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9 Any such request by the moderator to the select board shall be in writing and shall include the
10 following certifications and information: (a) the moderator’s determination and request to hold
11 any town meeting through remote participation in accordance with this section; (b) the video
12 conferencing platform the moderator has determined to use to hold the town meeting; (c) a
13 certification that the moderator has consulted with the local disability commission or coordinator
14 for Americans with Disabilities Act compliance and has received recommendations for ensuring
15 the highest level of feasible access to the public; and (d) a certification that the moderator has
16 tested the video conferencing platform to his or her satisfaction to confirm that it will enable the
17 town meeting to be conducted in substantially the same manner as if the meeting occurred in
18 person at a physical location, including (i) the ability for the moderator, all town meeting
19 members, other town officials and any other interested members of the public to identify and
20 hear the moderator and each town meeting member who attends and participates in the remotely-
21 held town meeting, (ii) the ability to determine whether a quorum is present, (iii) the ability for
22 the moderator to determine when a town meeting member wishes to be recognized to speak,
23 make a motion, raise a point of order or object to a request for unanimous consent, (iv) the ability
24 for the moderator to recognize a town meeting member or town official to speak and to enable
25 that person to speak; (v) the ability to conduct a roll-call vote, (vi) the ability for any interested
26 members of the public to access the meeting remotely for purposes of witnessing the
27 deliberations and actions taken at the town mee