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Sunshine Law Requirements for Multi-Site and Remote Meetings, Effective January 1, 2022
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Sunshine Law Requirements for Multi-Site and Remote Meetings, Effective January 1, 2022
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the public that risk is offset by the benefits and convenience of being able to participate <br />from an additional location nearerto their home or work. <br />Note that a board is not required to provide additional locations, and the fact <br />that a board previously has had additional locations, or has used a particular place as an <br />additional location, does not create any obligation forthe board to include those locations <br />for future meetings. <br />III. Requirements to Hold Remote Meetings <br />A. Notice requirements <br />The notice of a remote meeting must tell the public how to watch and hear the <br />live remote meeting, typically via a linkto a remote meeting platform, and how to <br />provide remote oral testimony through an internet lin k, a telephone conference, or <br />other means. The notice must also list at least one physical location connected to <br />the remote meeting, where members of the public can go in person to participate. A <br />board holding a remote meeting underoption three is not required to allow members of <br />the publicto join board members in person at nonpublic locations where board members <br />are physically present, such as their homes or private offices, so there is no <br />requirement for the notice to identify the nonpublic locations where board <br />members will be. <br />The notice may also list additional locations open for public participation and if <br />so, must specify whetherthe meeting will continue without the additional location <br />if the ICT connection is lost or if the meeting will be automatically recessed to <br />restore communication to the additional location. <br />B. Board member visibility and quorum requirements <br />As a general rule, the remote meeting platforms must allow audiovisual interaction <br />among board members and members of the public attending the meeting, but there are <br />some exceptions to this general rule. To accommodate the challenges some board <br />members may have in remaining on-camerathroughoutan online meeting, the law only <br />requires a quorum of board members to be visible to the public during the public <br />portion of remote meetings. All board members present at the meeting must have <br />at least an audio connection. In contrast to the visibility requirementfor board <br />members, there is no requirementfor the public or other non -board participants to be <br />visible during online meetings, though the board must allow the public to provide oral <br />testimony during the meeting, either through the same meeting platform being used by <br />the board members or some other means such as a telephone line ora more limited <br />online connection controlled bythe meeting host. <br />Just as aboard member's brief absence from the room during a meeting, such as <br />to take a five-minute restroom break, does not immediately require aboard to terminate <br />a meeting dueto loss of quorum, a member's brief disappearance from camera view <br />does not immediately trigger the requirementto suspend the remote meeting due to not <br />having a quorum of members visible. If, however, aboard member who is needed to <br />In -Depth Sunshine Law Requirements for Remote Meetings, Effective 1/1/2022 Page 4 <br />
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