Open Meeting Law Amendments Take Effect July 1, 2024

According to the General Assembly's Act Summary,

This act amends the Open Meeting Law (1 V.S.A. §§ 310–314) to authorize some public bodies to meet through electronic means without designating a physical meeting location.

Sec. 1 states the legislative intent of the act.

Sec. 2 amends 1 V.S.A. § 310 (definitions), adding the terms “advisory body,” “hybrid meeting,” and “undue hardship.”

Sec. 3 amends 1 V.S.A. § 312 (right to attend meetings of public agencies) to distinguish types of public bodies and what their duties are under the Open Meeting Law. This section establishes duties for State nonadvisory public bodies, State advisory public bodies, local nonadvisory public bodies, and local advisory public bodies.

• • State nonadvisory public bodies must hold all regular and special meetings in a hybrid fashion, which shall include both a designated physical meeting location and a designated electronic meeting platform. These meetings must be electronically recorded, and the recording must be retained and posted in a designated electronic location for a minimum of 30 days following the approval and posting of the official minutes for a meeting.
  • Local nonadvisory public bodies may hold all regular and special meetings entirely in person or in a hybrid fashion. These bodies shall record their meetings in audio or video form and post the recording in a designated electronic location for a minimum of 30 days following the approval and posting of the official minutes for a meeting, unless recording the meeting so would impose an undue hardship on the municipality.
  • State advisory bodies may hold all regular and special meetings entirely in person, in a hybrid fashion, or entirely by electronic or other means without being physically present at or staffing a designated meeting location.
  • Local advisory bodies may hold all regular and special meetings entirely in person, in a hybrid fashion, or entirely by electronic or other means without being physically present at or staffing a designated meeting location.

This section also enables residents and the press to request that a public body designate a physical meeting location or provide electronic or telephonic access to a regular meeting, but not to a series of regular meetings, special meetings, emergency meetings, or field visits. The public body shall grant the request unless there is an all hazards event, a local incident, or if compliance would impose an undue hardship on the municipality.

Further,

Sec. 5 adds 1 V.S.A. § 312(k) to require annual training for certain officers on the Open Meetings Law, specifically the chair of any State nonadvisory public and the  own manager, mayor, and the chair of the legislative body of a political subdivision. The Secretary of State shall develop and make available this training. This section shall take effect on January 1, 2025, six months after the rest of the bill.