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As legislative meetings have shifted from committee rooms to conference calls to try to combat the spread of the coronavirus, Vermont lawmakers are mulling changes to the state’s open meeting statute to allow elected officials to make decisions remotely.
Over the past week, the Senate Committee on Government Operations has made tweaks to a proposal that, for the duration of the COVID-19 state of emergency, would allow local government bodies to meet by electronic means, without a place in the municipality for citizens to congregate, as long as members of the public are provided access to meetings.
The Scott administration and the Vermont League of Cities and Towns support the emergency measure as is, but Vermont Secretary of State Jim Condos has raised concerns that it could impact the public’s right to know and ability to participate in governance.
The Senate is poised to pass the measure Tuesday.
In an interview Wednesday, Condos said no measure should hinder the public’s access to local government, even during the COVID-19 state of emergency.
“The public’s right to know is still important,” Condos said. “Participation and holding people accountable still exists and we have to provide them with the tools necessary to do that.”
Condos had suggested to the committee that the measure should clearly state that, in addition to making sure the public can participate in the electronic meetings, the sessions must be recorded.
The consensus among committee members was that this added unnecessary technological complexity and that it was redundant to posting the minutes of the meeting. The new measure also would grant a 10-day extension for the deadline to make the minutes public.
Condos argued that if members of the public are calling into the meeting or attending through an online video conferencing portal, there may be no way for the elected officials to know whether there is a connection issue, and therefore they should be recorded.
“People may not be in a position to participate,” Condos said. “We’re in a different time right now with this emergency and I recognize that and I recognize we want to protect our citizens and elected officials.”
“At the same time, it doesn’t mean you can’t stick a cellphone next to the speaker and record the meeting,” he added.
On Friday, Attorney General TJ Donovan released guidance on how to follow Vermont’s current open meeting law, adding that Senate lawmakers were currently working to provide “more flexibility” for boards and commissions to be able to be in compliance with the law during the state of emergency.
“With technology, we can continue Vermont’s tradition of transparency,” Donovan said. “Even with the need to practice social distancing, I want Vermonters to know that our boards and commissions can continue to do their important work.”
On Thursday, the committee decided to make sure that the emergency measure maintains current law that mandates a notice about the meeting, the agenda and the minutes are posted in a physical location in the municipality and not only online.
“I don’t think it’s a good idea to waive that, and I know that it may be hard,” said Committee Chair Jeanette White, D-Windham, Thursday.
“For those people who don’t have access, they should at least have the ability to see what the meetings are that are coming up and the minutes,” she said.
Karen Horn, of the Vermont League of Cities and Towns, in an interview Thursday praised the committee’s proposal, saying it makes sure the public has access and allows municipal business to continue in an extraordinary time.
Horn added that many towns are delaying their meetings because they are unsure if they can hold them remotely.
“It is important we keep local officials safe as well as the public,” Horn said. “We do think that there’s been pretty careful consideration of preserving the public’s right to know and the right to participate in those meetings.”
Horn also said she is concerned that it may take the Vermont Legislature some time to act on this measure and that, if possible, Gov. Phil Scott should take action in an executive order.
Xusana Davis, executive director of racial equity and the Scott administration’s point person on this issue, said the governor believes the proposed legislation walks the line between protecting public health and the right to access and knowledge about governing decisions.
“These are measures we feel should be implemented in the least disruptive manner in order to balance the dual government interests of transparency and public health,” wrote Davis, who before joining Scott was a top official in the New York City Department of Health and Mental Hygiene, in a statement.