[TRITLA] Question about remoting into a council meeting

[John Gallimore]

Hi Rodger,

See attached from a recent SoG workshop.  Excerpt follows:



Remote Participation in Meetings
A board member who is unable to attend a meeting may wish to participate remotely by phone or Internet connection. The question of whether a person must be physically present to count toward a quorum is unclear under the statutes. The open meetings law definition of official meeting includes electronic meetings.41 But the open meetings law applies to all public bodies throughout the state, not just to local government boards, and it does not specifically authorize or even address the use of electronic meetings or individual electronic participation by local government boards. As noted above, the quorum and voting statutes refer to members being "present,"42 but courts in other states have found that a person may be considered to be present when participating remotely. Until there is more specific guidance from the legislature or the courts, remote participation may create a risk if the remote participant casts a deciding vote or is necessary to create a quorum. On the other hand, there is no legal risk if a member participates in a discussion (no vote being taken) or if there is a sufficient number of board members physically present to constitute a quorum. It is up to the governing board, in any event, to decide whether and under what circumstances to allow remote participation. Local governments may also authorize remote participation for boards they create and appoint. Boards that wish to allow remote participation should establish policies governing when it will be allowed.43


42. G.S. 153A-44, 160A-74.
43. For a more detailed analysis of the legal aspects of remote participation, along with considerations for local policies, see Frayda S. Bluestein, "Remote Participation in Local Government Board Meetings," Local Government Law Bulletin No. 133 (Aug. 2013), http://sogpubs.unc.edu/electronicversions/pdfs/lglb133.pdf.


From: Rodger Burden <RBurden at burlingtonnc.gov>
Sent: Thursday, August 16, 2018 12:28
To: 'Triad Regional IT Leadership Group' <tritlg at listserv.toknc.com>
Subject: [TRITLA] Question about remoting into a council meeting

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Have any of you had any experience with a mayor or council member remotely attending a council meeting via Skype (or other video conf)?

I have several questions: can we legally do this? can the council-member legally vote as if they were present? Where do we put the camera (facing council or public or podium (what is most important for them to see/hear)? Are there any legal guideline on this? How does this interface with the live streaming and playback of video (what do those folks need to do/know/etc?)... any help or input on this "new one for us" would be helpful!

Rodger
Rodger J. Burden, CGCIO
Director, Information Technology
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