Secretary Condos Issues Open Meeting Law Guidance Following COVID-19 Changes

March 30 2020

Montpelier, VT – Today Vermont Secretary of State Jim Condos issued guidance to local officials and municipal employees regarding temporary changes to Vermont’s Open Meeting Law in H.681, which was passed by the Legislature and signed into law by the Governor on March 30^th in response to the COVID-19 global pandemic.

“Responding to the health crisis created by the coronavirus pandemic means thinking creatively, and collaboratively finding solutions which allow our state and local governments to continue doing critical business while responsibly protecting the health and safety of state and local government officials, board members, and the public,” said Secretary Condos. “I want to thank the Legislature and the Governor for being willing to find a solution that enables our government bodies to function effectively during this time of crisis, without sacrificing the public’s right to know, attend, and participate.”

H.681 provides a temporary waiver to the Open Meeting Law’s physical location requirement, enabling public bodies like select boards, school boards, or planning commissions to meet and take action by audio or video conference, provided that there are adequate opportunities for members of the public to easily attend and participate remotely.

A summary of the bill and guidance for local officials and municipal employees can be found on the Secretary of State’s Municipal Assistance COVID-19 Response page.

Based on recommendations by Secretary Condos, changes include the requirement that all remote meetings by select boards and school boards be recorded, due to the elimination of any physical attendance, and the challenges members of the public may have with technological capability or with using unfamiliar technology to access a meeting.

Also recommended by the Secretary is the requirement that all meetings have telephone access when feasible, recognizing that not all Vermonters have computers, internet access, or technical skills to attend meetings online.

“While eliminating the physical requirement is an extreme measure, it will enable our public officials to follow health and safety best practices during this pandemic and declared state of emergency,” said Secretary Condos. “These temporary changes ensure that our government’s critical work can continue, and will bring much-needed relief to state and local government public bodies and officials grappling with this crisis.”