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COVID-19 restrictions challenge open meetings laws record during the meeting. Presenters at the BY HOLLY KAYS governing bodies conducting meetings meeting attended via Zoom as well. STAFF WRITER remotely is not expressly prohibited by “It was a long agenda, just because we s the COVID-19 crisis roared to life in statute, I conclude that local governments put everything on it that we could potentialNorth Carolina, local governments can carry out necessary meetings electronily think of that would need to have board across the state joined countless other cally and remain in compliance with Open action in April,” said Baker. organizations and individuals in clearing Meeting Laws,” Cassell wrote. Doing so allowed the county to cancel all previously planned meetings from their calWhile the statute governing county the other meetings it would normally have endars. boards of commissioners does not say anyheld in April. State statute requires county A month has elapsed since that initial thing about physical presence at the meetboards to meet at least once per month, and rush to slow the spread, and those same gov- ings, the statute dealing with town councils in addition to that legally required meeting, ernments are realizing that they can’t stop does include one mention of physical presthe county will need a work session in May meeting indefinitely. However, North ence. That law specifies that if a member as well. For now, the plan is to conduct those Carolina’s public meetings laws weren’t writ- refuses to vote on a motion yet remains meetings in a similar manner to the April ten with a pandemic in mind, making the physically present in the chambers and is meeting. waters murky as elected boards seek to hold not excused from voting by the other memHaywood County, meanwhile, continued meetings that are both safe in the current cli- bers, the member will be counted as an affirto meet as normal through March and most mate and legal under state law. mative vote. of April, though it canceled its April 20 “I think the biggest question has been, For this reason, Cassell cautioned, it’s meeting. On April 6, the board approved a can a board meet virtually?” said Jackson best for a quorum of the board to be presnew rule allowing electronic meetings when County Attorney Heather Baker. ent physically if at all possible, even when The law isn’t clear on this point. While it does include some more recent amendments, most sections of the statute governing public meetings were adopted in the 1990s, long before the era of widespread video conferencing. It does, however, note that the definition of “official meeting” includes simultaneous electronic communication between board members. The most common application of that stipulation is to show that a quorum of board members may not use tools such as group texts and email chains to discuss government business outside of adverThe Waynesville Board of Aldermen meet via Zoom on April 14 to hear several business items. Pictured tised meetings. are (top row, from left) Alderman Anthony Sutton, Mayor Gary Caldwell, Alderman Chuck Dickson, (mid“It’s possible to interpret the dle row, from left) Town Attorney Bill Cannon — with a Max Patch backdrop— Town Manager Rob Hites, statute’s mention of a conference Dr. Peter Bates of Forest Stewards, Alderman Julia Freeman and (bottom row) Alderman Jon call or other electronic means of Feichter. Cory Vaillancourt screenshot gathering as a delegation of authority for electronic participation for all public bodies, including local governa state of emergency has been declared by conducting other aspects of the meeting ments,” wrote Frayda Bluestein, David M. electronically. However, he added, if a phys- the federal, state or local government. Lawrence Distinguished Professor of Public County commissioners in Swain and Macon ical quorum is not possible, “I believe it is Law and Government at UNC Chapel Hill, counties continue to meet in person but are reasonable for the governing body to meet in a March 13 post to the respected UNC live streaming their meetings on YouTube, electronically.” School of Government blog Coate’s asking the public to participate that way “These are unprecedented times, and I Cannons. “This interpretation is not univer- feel confident a court will view efforts to rather than through physical attendance. sally accepted, however. The statute applies remain transparent through a lens of reason- However, said Swain County Manager Kevin to all types of public bodies, and it clearly King, community members are still permitableness, which can be met through elecimplies that at least some types of public ted in the building and can come before tronic meetings,” he wrote. bodies that have inherent authority, such as commissioners one at a time to give public Jackson County was one of the first local state agencies, may lawfully conduct elecgovernment bodies to incorporate electronic comment at a safe distance. tronic meetings, and that they have to comMunicipal governments are also grapmeeting elements as a result of the crisis. ply with the procedure for providing access. pling with the issue. Sylva plans to meet on During its last meeting, held Tuesday, April But it’s not clear that the intent of the law April 23 for the first time since March 12, 7, the county limited physical attendance in was to authorize the use of electronic meetand it will conduct the meeting entirely the boardroom to 10 people, eight of whom ings for other public bodies that don’t have using Zoom — no members of the board were commissioners or county staff. A consuch inherent authority.” or of the public will be present at town ference room capable of holding four people A March 26 advisory letter issued by the hall. Webster and Dillsboro both held while meeting social distancing requireN.C. Department of Justice Special Counsel ments was also open, connected to the meet- meetings outdoors this month to facilitate Shannon Cassell attempts to clarify that ing down the hall via Zoom. Members of the social distancing, but Webster will hold its point in light of the current circumstances. public were able to offer public comment via May 6 meeting via Zoom, with Dillsboro “Due to the unprecedented circumstance Zoom or to submit written comments ahead still deciding how to facilitate its we are all faced with, and the fact that local May meeting. The Village of of time, which could then be read into the
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