[Adopted 7-22-2021]
The Town of Islesboro strives to provide an open and transparent
government that maximizes the ability of its residents to participate
in the public process. This policy sets forth the conditions upon
which the Town of Islesboro Select Board may conduct a remote meeting,
as that term is defined in this policy. In addition, this policy sets
forth how and under what circumstances individual members of the Select
Board (and members of the public) may participate in an in-person
public meeting of the Select Board by remote means.
As used in this article, the following terms shall have the
meanings indicated:
A "public proceeding," as that term is defined in 1 M.R.S.
§ 402(2), as may be amended.
"Remote methods" as that term is defined in 1 M.R.S. § 403-B(1),
as may be amended. For purposes of this policy, "remote means" may
include, but is not necessarily limited to: Zoom, Go-To-Meeting, Skype,
Google Meet, or other comparable internet-based videoconferencing
platform that allows for screen-sharing functionality. "Remote means"
does not include text-only means such as email, text messages, or
chat functions.
A public proceeding, as defined in 1 M.R.S. § 402(2),
as may be amended, conducted solely by remote means.
The Select Board shall conduct its meetings in person unless
the Chair (or in his/her absence, the Vice Chair), in consultation
with the Town Manager, makes a determination that an emergency or
urgent issue exists that requires the Select Board to conduct a remote
meeting. The determination of such an emergency or urgent issue shall
be made as soon as practicable, and notice of a meeting being conducted
by remote means shall be disseminated consistent with 1 M.R.S. § 406,
as may be amended, and this policy.
A.
Except for a remote meeting being conducted consistent with § 422-11 of this policy, members of the Select Board are expected to be physically present for all public meetings except when being physically present is not practicable for one or more members. Circumstances under which physical presence for one or more members is not practicable include:
(1)
Illness or other physical condition, or temporary absence from the
Town of Islesboro, that causes the member to face significant difficulties
travelling to and attending the public meeting in person;
(2)
The Town's geographic characteristics impede or slow travel
due to its territorial limits consisting of a number of islands that
are not connected by bridges; or
(3)
To provide a reasonable accommodation to a member with a disability.
B.
A member who is unable to attend a meeting in person shall notify
the Chair (or in his/her absence, the Vice Chair), as well as the
Town Manager, of the existence of such circumstances as far in advance
as is possible.
When the Select Board elects to conduct a public meeting by
remote means or when one or more members of the Select Board are permitted
to participate in an in-person meeting by remote means, the following
shall occur:
A.
Notice of the public meeting shall be provided in a manner that provides
ample time to allow public attendance. Such notice shall be disseminated
in a manner that is reasonably calculated to notify the general public
of the time, date, location, and method to be used to conduct the
meeting. Such notice shall provide information regarding how members
of the public may attend the public meeting remotely and shall provide
the physical location where members of the public may participate
in person.
B.
Members of the public shall be provided with a reasonable opportunity
to participate in the public meeting by remote means, which shall
at a minimum include an effective means of communication between such
members of the public and the Select Board. Reasonable accommodations
may be provided when necessary to provide access to individuals with
disabilities.
C.
Unless the entire Select Board is conducting a remote meeting as provided in § 422-11 of this policy, members of the public must be provided the option to attend the meeting in person or by remote means.
D.
All documents and other materials considered by the Select Board
shall be made available to members of the public by the same or more
efficient means as they are provided to individual Select Board members.
This requirement may be met by: (i) posting all documents and materials
to be considered by the Select Board on the Town's website at
least one business day prior to the meeting; (ii) making physical
copies of all documents and materials to be considered by the Select
Board available for in-person pick-up at the Town Office at least
one business day prior to the meeting; or (iii) enabling the screen-sharing
function of the remote means utilized for the meeting in such a way
that members of the public are able to view all relevant documents
and materials while the Select Board is reviewing and discussing the
same.
A member of the Select Board who participates in a public meeting
by remote means is considered present for purposes of determining
the presence of a quorum and voting.
All votes taken during a remote meeting being conducted consistent with § 422-11 of this policy or where one or more members of the Select Board are participating remotely must be taken by roll call vote that can be seen and heard if using video technology, and heard if using only audio technology, by all members of the Select Board and the public.
The preferred remote means for all Town boards and committees
shall be Zoom Webinar. The platform shall be set up and hosted by
a Town official and a digital recording shall be preserved. The use
of private accounts to host a remote meeting is prohibited.
If during the conduct of a remote meeting or a public meeting with remote participation, the meeting is interrupted through disruptions or glitches in the technology, the meeting shall be automatically recessed for up to 15 minutes to restore communication when audio-visual communication cannot be maintained with a quorum of members or with the public location identified in the Select Board's notice pursuant to § 422-13A. If the interruption cannot be resolved within 15 minutes, and the Select Board has not provided reasonable notice to the public as to how the meeting will be continued at an alternative date and time, then the meeting shall be automatically adjourned.
To preserve the executive session privilege of any portion of
a meeting closed to the public, the Chair should confirm with each
attendee that no unauthorized person is present or has access to any
executive session being conducted via remote means. There shall be
no audio or visual recording of an executive session.
Any public body organized under the auspices of the Town may
adopt this policy in order to comply with 1 M.R.S. § 403-B.
Any public body adopting such a remote participation policy under
this section must file written notice of the vote with the Town Clerk
upon adoption. Any such public body may also choose to set more stringent
regulations for remote participation, provided that said policy is
at least as stringent as this policy and complies with 1 M.R.S. § 403-B.
Such enhanced policy must also be approved by a vote of a majority
of the members of said body and a copy of said enhanced policy must
be filed with the Town Clerk upon adoption.
This policy does not apply to Town Meetings.
This policy may be amended as needed by a majority vote of the
Select Board. The provisions of this policy are severable, and if
any provision shall be declared to be invalid or void, the remaining
provisions shall not be affected and shall remain in full force and
effect. This policy shall take effect immediately upon adoption by
the Select Board.
