Remote Board Meetings 2.0

Training for: Legal Notes

The law enacted by the Legislature in 2021 and permanently authorizing public boards to meet remotely under certain limited circumstances has been amended (twice) in the recently adjourned 2022 legislative session.

Title 1 M.R.S. § 403-B (the remote meetings law) was first amended by PL 2021, c. 611, to enable a board that has not adopted the required remote meetings policy to adopt it remotely if the chair of the board determines that an emergency or urgent issue exists that prevents the board from meeting in person to adopt the policy. Once the meeting is convened, board members must vote on whether to support the chair’s determination. If 2/3 of the members vote to support it, the board may, after a public hearing, vote to adopt the policy. Notice of this meeting must include information on how the public can obtain an advance copy of the proposed policy and how the public can participate in the meeting.

The law was then amended by PL 2021, c. 666, which repealed the provision requiring board members to be physically present except when physical presence is not practicable, such as the existence of an emergency or urgent issue or an illness, physical condition or temporary absence that causes significant difficulties in traveling to and attending a meeting in person. As a result, it now appears a board can decide for itself what circumstances warrant a remote meeting or remote attendance by a board member.

This amendment also provides that a policy adopted by a board applies to boards or committees “within the jurisdiction” of that board, but it is not clear whether this refers only to subcommittees of a board or to all other boards within the same municipality. In any case, this provision still authorizes each board to adopt its own policy if it wishes.

Both of the legislative amendments discussed above become effective on Aug. 8, 2022. (By R.P.F.)