Business coalition calls for action on open meeting law provisions before expiration

A coalition of business organizations sent a letter today to Senate President Karen Spilka and House Speaker Ron Mariano calling for the Legislature to take action on temporary allowances for remote and hybrid public meetings before the authorizations expire on March 31.

Since the remote and hybrid meeting allowances were passed by the Legislature in the early days of the COVID pandemic five years ago, “remote meetings have become a common practice and are an appropriate and efficient use of technology to foster engagement,” the letter states.

“These provisions have allowed public bodies to continue providing live ‘adequate, alternative means’ of public access to the deliberations of the public body,” the letter states. “Additionally, these provisions have allowed any or all members of a public body to continue participating in meetings remotely and suspended the Open Meeting Law’s requirement that a quorum of the body and the chair be physically present at the meeting location.”

The coalition urges the Legislature to “quickly renew the temporary provisions” for a minimum of an additional 18 months, “so that public bodies have the certainty they need to call meetings while the various proposals seeking to make the provisions permanent can be considered by the legislative process.”

The letter adds, “Given the housing crisis and the need for nimble reaction to policies pushed forward at the federal level, these remote meeting provisions are essential to ensuring that the Commonwealth and its municipalities can advance and approve needed housing projects and economic development projects while being responsive to the needs and contributions of their constituents in an equitable manner.”

The coalition that signed onto the letter includes Associated Industries of Massachusetts; Citizens’ Housing and Planning Association; the Greater Boston Chamber of Commerce; the Greater Boston Real Estate Board; the Home Builders and Remodelers Association of Massachusetts; the Massachusetts Business Roundtable; Massachusetts Association of Realtors; and NAIOP Massachusetts, the Commercial Real Estate Development Association.

The coalition also raised the pending expiration with Gov. Maura Healey earlier this week.

The MMA has identified the permanent codification of authorizations to hold remote and hybrid public meetings as a priority for cities and towns. Last month, the MMA joined four other local and regional government organizations calling for the Legislature to support the codification of the remote and hybrid meeting provisions as included in the Healey-Driscoll administration’s recently filed Municipal Empowerment Act, or in stand-alone bills filed in the House and Senate, respectively.

The open meeting authorizations have been extended several times since the pandemic forced remote accommodations in 2020, but have not been made permanent.

“In the earliest days of the COVID pandemic, every local government in the Commonwealth adapted — almost instantly — to change how it conducts the public’s business, in ways that increased transparency and accountability and boosted public participation and confidence,” said MMA Executive Director Adam Chapdelaine. “Each community quickly determined its best course, given the local needs, preferences, capabilities and resources, and has settled into a pattern that is familiar to the public. All we are asking is that this flexibility be made permanent.”

• Download the business coalition letter supporting extension of remote meeting provisions (PDF)