On Monday, February 13, 2023 the Town Council will hold a public hearing on Proposed Amendments to the Remote Participation Policy.  The policy, which was first adopted on August 30, 2021, requires that it be reviewed by the council on an annual basis.  The council reviewed the policy at the December 12, 2022 council meeting and voted to defer the policy to a workshop for further discussion based on recent amendments to 1 M.R.S. § 403-B by the state Legislature in October of 2022.  The amendments adopted by the Legislature aim to provide municipalities with more flexibility with remote participation in public meetings and hearings.

In a December 15 Memo from Town Clerk Debra Lane, Lane writes, "The town's current policy allows for the Town Council, Planning Board and Board of Zoning Appeals the opportunity for remote participation by members of the body, when hybrid technology is available, under certain circumstances.  When a member of the body participates remotely, the public must be provided with the same opportunity. Recent law changes do not change the premise that board members be present and that the public also has the opportunity to attend in-person.  The law change does provide the flexibility to allow members to participate remotely under certain circumstances established by the council."

On workshops held January 3 and January 9 of this year, the council affirmed that the Town Council, Planning Board, and Board of Zoning Appeals will continue to provide remote participation for members of the body in certain circumstances as outlined in the policy when the technology is available and operational in the given meeting space. ¹  Additionally, the council  proposed amending the policy so that:

• The same provisions of the policy be extended to members of boards and committees if the board/committee so chooses to request the hybrid technology.  
• The public will be provided an opportunity to participate remotely when hybrid technology is available and operational in a given meeting space, no matter if a member of the body participates remotely or not.
• A Disruption of Service clause be added to indicate that remote participation is offered as a convenience and any disruption in service will not impede the meeting from continuing.

In a January 4, 2023 letter to the Town Clerk, attorney Kyle J. Flaherty of Monaghan Leahy, LLP, stated in his review of the policy, "The Policy, as amended, strikes a good balance by staying true to the default method of in-person participation, but also by allowing remote participation of members under certain circumstances, such as in the case of emergency, illness of a member, etc.  Also, the Policy, as amended, is quite liberal regarding public participation, as the public will be allowed to participate remotely in any public meeting or hearing when technology is available and operational in the meeting space."

Following the public hearing on February 13, the council will consider a vote on the Proposed Amendments to the Remote Participation Policy.

¹ The circumstances in which members of a body are permitted to participate remotely are described in the policy as follows:

Members of the body are expected to be physically present for meetings except when not practicable, such as in the case of an emergency or urgent issue that requires the body to meet via remote methods, or an illness or temporary absence of a member that causes significant difficulty traveling to the meeting location.  The chair, in consultation with the town manager, or if applicable the board staff member or other members if appropriate and possible, will make a determination that remote methods of participation are necessary in as timely a manner as possible under the circumstances.  A member who is unable to attend a meeting in person will notify the chair, and/or town manager if applicable the board staff member as far in advance as possible.