VERMONT – In a 2023 case involving a contested speech restriction during government meetings, the highest court in Massachusetts reminded us about our protected right to assemble in town halls throughout the region.
Quoting John Adams, the court wrote in Barron v. Kolenda that the right to assembly is “a most important principle and institute of self-government.” It allows everyone the opportunity to speak their “sentiments of public affairs.” Or, as the court pulled from Alexis de Tocqueville’s “Democracy in America”: “town meetings are to liberty what primary schools are to science; they bring it within the people’s reach, they teach men how to use and to how to enjoy it.”
Yet a study by the Pew Research Center in 2018 found that less than a third of Americans are attending local government meetings. It seems many of us are unwilling or unable to participate in what the court, citing Adams in Barron v. Kolenda, called “the critical role of the right of assembly in the towns” to cultivate “the spirit and practice of self-government.”
This right we inherited may resonate more if you consider our role in determining how tax dollars are spent where we live, who our schools employ to teach our children, what tools we provide our law enforcement and how local businesses are regulated among many other topics that are listed on meeting agendas in towns across New England.
We all have a profound stake in local governance. But maybe you are one of the two-thirds of Americans who sit out this process and now you want to make your voice heard. Where to start?
While each New England state has its own open meeting law, many requirements regarding the posting of agenda items, public access and commentary, and meeting minutes are similar. Vermont has the Open Meeting Law (1 V.S.A. § 310-314). Here’s a cheat sheet for those in the state who may be new to local government meeting.
First, remember that not all meetings of government officials, and not every part of an otherwise public meeting, is open to you. There must be a quorum of public body members present for it to be an official meeting, and discussions on certain topics such as legal matters can be conducted in secret. When there is a meeting, the law requires a physical location. Remote access is not guaranteed.
The time and place of regular meetings must be designated and available upon request.
Notice of any meeting open to the public must be posted at least 48 hours in advance of a regular meeting and 24 hours in advance of a special meeting, along with an agenda.
Notice and the agenda must be posted to a website that the public body maintains or designates as the official website of the body, if one exists, and posted in or near the municipal office, and in at least two other designated public places in the municipality. The agenda must be made available to a person prior to the meeting upon specific request.
Emergency meetings may be held without public announcement, without posting of notices and without 24-hour notice to members, provided some public notice is given as soon as possible before any such meeting. Emergency meetings may be held only when necessary to respond to an unforeseen occurrence or condition requiring immediate attention by the public body.
Upon arriving at a public meeting, you should first request an agenda from the chairperson of the government body in case any revisions have been made since first posted. While state law permits you to record the meeting by video or audio, there may be reasonable recording policies imposed to prevent disruption of the meeting. Consider speaking with a representative of the government body to make sure no restrictions are in place, though you are not required to do so.
It’s important to review the agenda ahead of the meeting. There may not be an opportunity provided to speak on topics other than those listed. If there is an open forum during a meeting, know that the First Amendment prevents any restriction that is unreasonable or based on your opinion alone.
Minutes for each meeting must be available within five business days and can often be found on your respective town’s website. They must include, among other things, the names of officials attending the meeting and a description of all final decisions and objections.
Each meeting must be recorded and must be available online for at least 30 days following posting of the official minutes.
Know that just because you have these rights does not mean those rights will always be recognized. If you believe that the open meeting law has been violated, you can submit written notice of the specific violation and request a specific cure. The public body then has 10 days to respond publicly, agreeing to the requested cure, or responding that no violation has occurred and no cure is necessary. If the response is not acceptable, a complaint may be filed in Superior Court. In lieu of these options, you may want to contact advocacy organizations, such as the New England First Amendment Coalition or your local American Civil Liberties Union.
The open meeting law is not perfect and can be abused by those in government. Secrecy often seeps into meetings where sunlight should shine. Even well-intended officials don’t always convene meetings in ways accommodating the challenges faced by the elderly, working parents or those lacking transportation. But these meetings are still one of the best ways we have to engage with government, to express ourselves on timely political issues and to hold our representatives accountable.
The right for Vermonters to attend meetings of a public body and know what decisions are made is enshrined in Vermont law, which states, “All meetings of a public body are declared to be open to the public at all times,” and “No resolution, rule, regulation, appointment, or formal action shall be considered binding except as taken or made at such open meeting,” though specific exceptions are made to both. Those open doors, however, are only useful if we decide to go through them.
Justin Silverman is executive director of the New England First Amendment Coalition, the region’s leading advocate for First Amendment freedoms and open government. Learn more about the coalition at nefac.org. Paul Fixx localized the original New Hampshire article to Vermont. This story is part of Know Your News, a NENPA Press Freedom Committee and Granite State News Collaborative initiative on why the First Amendment, press freedom, and local news matter. Don’t just read this. Share it with one person who doesn’t usually follow local news: that’s how we make an impact. Learn more at nenpa.com/press-freedom-and-local-news-collaborative/.
These stories are being shared by members of the New England Newspaper and Press Association Press Freedom and Local News Collaborative. For more information, visit nenpa.com.
Justin Silverman
Paul Fixx is editor of The Hardwick Gazette and lives in Hardwick.
