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Saturday, January 18, 2025

Municipal Empowerment Act faces scrutiny over potential barriers to meeting access

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Geoff Foster Executive Director Common Cause Massachusetts | Official website

Geoff Foster Executive Director Common Cause Massachusetts | Official website

The Joint Committee on Municipalities and Regional Government is set to hold a public hearing on sections of Governor Healey’s Municipal Empowerment Act, S.2571. A group of advocates focused on democracy, disability access, and open government have voiced significant concerns regarding the bill's potential impact on access to local government meetings.

The proposal allows local bodies to decide the format of their open meetings without mandating hybrid formats that combine in-person and remote access. This change has prompted criticism from several organizations including the ACLU of Massachusetts, Boston Center for Independent Living, Disability Law Center, Common Cause Massachusetts, League of Women Voters of Massachusetts, Massachusetts Newspaper Publishers Association, MASSPIRG, New England First Amendment Coalition, and New England Newspaper & Press Association.

In a joint statement released by these groups, they expressed: “The Municipal Empowerment Act falls short on ensuring access to public meetings. It will shut people out of the democratic process by only allowing — and not requiring — municipalities to provide hybrid participation options." They highlighted concerns that those unable to attend in person due to disabilities or other reasons would be excluded if meetings are held exclusively in person.

Last session saw the House pass legislation guaranteeing hybrid participation under the Open Meeting Law. Additionally, both legislative chambers approved a $30 million bond for municipal IT infrastructure—an initiative vetoed by Governor Baker. The coalition believes this new act reverses progress made previously and stresses the importance of maintaining accessible meeting options.

They also raised issues with the Joint Committee on Municipalities and Regional Government handling this matter instead of the Joint Committee on State Administration and Regulatory Oversight. According to them: “The language in the bill would undermine the spirit of the Open Meeting Law... The Open Meeting Law has always ensured a statewide standard for public access."

In spring 2023, a survey conducted by these advocates revealed that over half of city councils and select boards were already conducting fully hybrid or live-streamed meetings. Specifically, 45% were fully hybrid with an additional 17% being live-streamed; similarly for school committees at 35% fully hybrid with another 25% live-streamed.

The coalition backs legislative proposal H.3040/S.2024 aimed at ensuring greater accessibility to open meetings for all individuals by requiring both in-person and remote attendance options.

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