Remote meetings in Maine: the written policy, notice, roll calls and recording
Short answer
A Maine board may let members and the public join by phone or video only under a written policy adopted after notice and a hearing. The notice says how the public can join and names a place to attend in person. A remote member counts for quorum and voting, every vote is a roll call, and email or text alone cannot hold a proceeding. This section does not authorize a town meeting to be held remotely.(1 M.R.S. § 403-B(1), (2), (2-A), (3))
Where this fits in your meeting cycle: Clarivis is software that helps a board follow these steps: it records how the notice was posted, lists the duties it does not check, flags an executive session item until a Statutory basis is selected, and drafts the minutes for your board to correct and approve; it counts no notice or minutes deadline, because the Freedom of Access Act sets none, and it does not post the notice for you.
See how Clarivis helpsQuestions on this page
Can a board meet by phone or video?
Yes, but only under a written policy. A body may allow members and the public to join remotely "only under the following conditions", and the first is the policy:
Statute text
“After notice and hearing the body has adopted a written policy governing the conditions upon which members of the body and the public may participate in a public proceeding of that body by remote methods.”
"Remote methods" means telephone or video technology allowing simultaneous reception of information, and may include other means needed as a reasonable accommodation for a person with a disability. A proceeding cannot be held by text alone:
Statute text
“Public proceedings may not be conducted by text-only means such as e-mail, text messages or chat functions.”
Whose policy applies?
A policy adopted by a board applies to the boards, committees and subcommittees within its jurisdiction, unless one of them adopts its own. A policy adopted by the municipal officers applies to every public body of the municipality, unless the municipal officers specifically authorize a body to adopt its own. A school board keeps its own choice to adopt a policy or not (§ 403-B(2-A)). Ask your clerk which policy covers your board.
What if the board has no policy and needs to meet?
If the chair decides an emergency or urgent issue keeps the board from meeting in person to adopt a policy, the chair may call a meeting that members join remotely, to adopt one:
Statute text
“If a public body has not adopted a policy authorizing remote methods of participation under this section and if the chair of the body determines that an emergency or urgent issue exists that prevents the public body from meeting in person to adopt a policy, the chair may call a meeting of the body in which the members may participate by remote methods.”
The notice says how the public can take part and how to get the proposed policy in advance. Two-thirds of the members must vote to support the chair's finding; then, after an opportunity for hearing, they may vote on the policy (§ 403-B(2)(A)(1), (2)).
What notice does a remote meeting need?
The ordinary notice under section 406 (§ 406), and more:
Statute text
“When the public may attend by remote methods pursuant to paragraphs C and D, the notice must include the means by which members of the public may access the proceeding using remote methods. The notice must also identify a location for members of the public to attend in person.”
The same paragraph lets the board limit public attendance to remote methods when an emergency or urgent situation requires it to meet only remotely. See the notice guide.
How does the public attend, comment and record?
The policy must give the public a meaningful chance to attend remotely when members do:
Statute text
“The policy adopted pursuant to paragraph A must provide members of the public a meaningful opportunity to attend by remote methods when members of the body participate by remote methods, and reasonable accommodations may be provided when necessary to provide access to individuals with disabilities”
Documents the board considers go to the remote public to the same extent they go to people in the room, as long as the board bears no added cost (§ 403-B(2)(H)). Where the board takes public input, there must be an effective way for members and the public to communicate (§ 403-B(2)(D)). The Act itself does not require a comment period; where a municipal board must hold one, see the Maine checklist.
The remote public may record the proceeding on the same platform, if the platform lets participants other than the host record, the board bears no added cost, and the recording does not interfere with order (§ 403-B(2)(I)).
How are votes and attendance recorded?
A member who joins remotely is present for quorum and voting, and every vote is a roll call:
Statute text
“A member of the body who participates in a public proceeding by remote methods is present for purposes of a quorum and voting”
Statute text
“All votes taken during a public proceeding using remote methods must be taken by roll call vote that can be seen and heard if using video technology, and heard if using only audio technology, by the other members of the public body and the public”
The record then lists each member's vote by name (§ 403(2)). See the minutes guide.
Which meetings cannot be remote?
Statute text
“This section does not authorize town meetings held pursuant to Title 30-A, section 2524 or regional school unit budget meetings held pursuant to Title 20-A, section 1482-A to be conducted using remote methods.”
The section also does not apply to the Legislature, or to a body with its own specific remote participation statute (§ 403-B(4)).
Checklist
Before the first remote meeting
- The board, or a body whose policy covers it, such as the municipal officers (§ 403-B(2-A)), has adopted a written remote participation policy after notice and a hearing.
- The policy gives the public a meaningful chance to attend remotely.
Before each remote meeting
- The notice says how the public can join remotely and names a place to attend in person, unless an emergency or urgent situation requires a remote-only meeting.
- Documents for the meeting are available to the remote public.
At the meeting
- Every vote is a roll call that others can see and hear.
- If the board takes public input, there is an effective way for the public to speak to the members.
- The remote public may record on the same platform, where it allows.
What the law does not settle
Questions to take to your municipal attorney; this guide does not answer them.
- Whether the record must show which members joined remotely.
- How to hold an executive session when a member is remote.
- What counts as an emergency or urgent issue or situation. For a meeting to adopt a first policy, the chair decides and two-thirds of the members must agree; for limiting the public to remote attendance, the body may do so, but the Act does not say how it decides that an emergency or urgent situation exists.
- What a board does when the connection fails during a vote.
How Clarivis helps
At the meeting, Clarivis records how each member attended; it does not run the call, post the notice or hold the hearing on your policy, and it does not provide the platform the public records on.
- Remote is its own attendance state. A member is recorded present, remote or absent, and remote is never folded into present.
- A remote member is counted. For Maine, Live Meeting offers an optional reason for a remote member, with only Other / none to choose; whatever is chosen or left blank, Clarivis counts a remote member in the attendance count and raises no finding about it.
- Does not record whether a policy was adopted. Clarivis cannot tell you whether your board has a remote participation policy; confirm that with your clerk or municipal attorney.
Related guides
- When and how a Maine board gives notice of a meetingBoards of 3 or more, ample time with no deadline, a method that reaches the public, emergencies
- Maine meeting records: what the minutes or recording must showWhat the record shows, written minutes or a recording, no set number of days
- Executive session in Maine: when a board can meet in private, and what followsThe listed matters, the motion and vote, nothing finally approved inside
- What counts as a meeting in Maine: quorum, email and talking outside a meetingPublic proceedings, email, and talks outside a meeting
This guide for other states
Sources
- 1 M.R.S. § 403-B, remote participation in public proceedings: legislature.maine.gov/statutes/1/title1sec403-B.html
- 1 M.R.S. § 406, public notice: legislature.maine.gov/statutes/1/title1sec406.html