In-Depth Sunshine Law Requirements for Multi-site and Remote Meetings

Home

A. Procedures if ICT connection is interrupted or lost If the board's audio-visual connection is lost during the public portion of a remote meeting or during a multi-site meeting, the Sunshine Law requires the meeting to automatically recess for up to 30 minutes while the board attempts to restore the connection. This requirement applies for all official meeting sites and the remote connection(s)provided as part of a remote meeting, but it does not apply when the remote connection isworking properly and a member of the public has lost internet connectivity or is otherwise unable to access the remote connection due to issues on that person's end. The board may reconvene with audio-only communication if the visual linkcannotbe restored, provided that the board has provided reasonable notice to the publicas to howto access the reconvened meeting after an interruption. For remote meetings only,the law specifically requires speakers to state their names before speaking, if the meeting has been reconvened with audio-only communication. Within 15 minutes of establishing audio-only communication,copies of nonconfidential visual aids thatare required by or broughtto the meeting by board members oras part of a scheduled presentation must be made available by posting on the internetor other means to all meeting participants (including those participating remotely). If these requirements are not met, agenda items with unavailable visual aids cannotbe acted upon at the reconvened meeting. If the meeting cannot be reconvened within thirty minutes after interruption to communication,and reasonable notice has not been provided to the public of how the meeting will be continued to anotherdate or time, the meeting is automatically terminated. OIP recommends that boards prepare in advance forthe possibilityof technical difficulties and has provided tips in the next section. B. Continuation of a Meeting if ICT Connection is Not Timely Restored When an interruption to the ICT connection thatcould not be restored ends a meeting early, the board may continue the meeting at a later time if it has"provided reasonable notice to the publicas to how the meeting will be continued atan alternative date and time." Without reasonable notice of continuation,the meeting is automatically terminated. OIP's tips for providing reasonable notice to continue any Sunshine Law meeting — whetherin person or connected by ICT — are- 1. re:1. The board's notice of the meeting may contain a contingency provision stating that if the board loses online connection,then people should checkthe board's website (give address) for reconnection information. Alternatively,the notice could provide that if the connection is lostfor more than 30 minutes,the meeting will be continued to a specified date and time, with the new linkfor the continued meeting eitheron the agenda itself or to be provided on the board's website. In-Depth Sunshine Law Requirements for Remote Meetings, Effective 1/1/2022 Page 6