The Vermont Statutes Online

Title 1 : General Provisions

Chapter 005 : Common Law; General Rights

Subchapter 002 : PUBLIC INFORMATION

• § 312a. Meetings of public bodies; state of emergency

  (a) As used in this section:

  (1) “Affected public body” means a public body:

  (A) whose regular meeting location is located in an area affected by a hazard or local incident; and

  (B) that cannot meet in a designated physical meeting location due to a declared state of emergency pursuant to 20 V.S.A. chapter 1 or local incident.

  (2) “Directly impedes” means interferes or obstructs in a manner that makes it infeasible for a public body to meet either at a designated physical location or through electronic means.

  (3) “Hazard” means an “all-hazards” as defined in 20 V.S.A. § 2(1).

  (4) “Local incident” means a weather event, loss of power or telecommunication services, public health emergency, public safety threat, received threat that a member of the public body believes may place the member or another person in reasonable apprehension of death or serious bodily injury, or other event that directly impedes the ability of a public body to hold a meeting electronically or in a designated physical location.

  (b) Notwithstanding subdivisions 312(a)(2)(D), (a)(3), and (c)(2) of this title, during a local incident or declared state of emergency under 20 V.S.A. chapter 1:

  (1) A quorum or more of an affected public body may attend a regular, special, or emergency meeting by electronic or other means without designating a physical meeting location where the public may attend.

  (2) The members and staff of an affected public body shall not be required to be physically present at a designated meeting location.

  (3) An affected public body of a municipality may post any meeting agenda or notice of a special meeting in two publicly accessible designated electronic locations in lieu of the two designated public places in the municipality, or in a combination of a designated electronic location and a designated public place.

  (c) Before a public body may meet under the authority provided in this section for meetings held during a local incident, the highest ranking elected or appointed officer of the public body shall make a formal written finding and announcement of the local incident, including the basis for the finding.

  (d) Notwithstanding subdivision 312(a)(3) of this title, during a local incident that impedes an affected public body’s ability to hold a meeting by electronic means, the affected public body may hold a meeting exclusively at a designated physical meeting location.

  (e) When an affected public body meets electronically under subsection (b) of this section, the affected public body shall:

  (1) use technology that permits the attendance and participation of the public through electronic or other means;

  (2) allow the public to access the meeting by telephone;

  (3) post information that enables the public to directly access and participate in meetings electronically and shall include this information in the published agenda for each meeting; and

  (4) if applicable, publicly announce and post a notice that the meeting will not be held in a hybrid fashion and will be held either in a designated physical meeting location or through electronic means.

  (f) Unless unusual circumstances make it impossible for them to do so, the legislative body of each municipality and each school board shall record any meetings held pursuant to this section.

  (g) An affected public body of a municipality shall continue to post notices and agendas in or near the municipal clerk’s office pursuant to subdivision 312(c)(2) of this title and shall provide a copy of each notice or agenda to the newspapers of general circulation for the municipality. (Added 2021, No. 157 (Adj. Sess.), § 8, eff. July 1, 2022; amended 2023, No. 133 (Adj. Sess.), § 6, eff. July 1, 2024.)