In Portsmouth: Town, schools differ on virtual/hybrid meetings

Council wants officials to be able to participate remotely, while school board says only the public should have that option

By Jim McGaw
Posted 1/27/22

PORTSMOUTH — Members of the Town Council and School Committee agree that the No. 1 state legislative priority for 2022 is a new law to expand the Open Meetings Act (OMA) to permit virtual …

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In Portsmouth: Town, schools differ on virtual/hybrid meetings

Council wants officials to be able to participate remotely, while school board says only the public should have that option

Posted

PORTSMOUTH — Members of the Town Council and School Committee agree that the No. 1 state legislative priority for 2022 is a new law to expand the Open Meetings Act (OMA) to permit virtual and hybrid meetings on a permanent basis.

The two boards differ, however, on who exactly should be allowed to “Zoom” in as opposed to showing up in person.

The School Committee (its priorities are here) believes that in most instances — barring another pandemic, for example — only members of the public should be allowed to take part in a meeting virtually, such as through the web application Zoom or by phone. Members of the Town Council, meanwhile, say elected officials like themselves should also be allowed to participate remotely. (Council's priorities can be found here.)

The differences became apparent during Monday’s joint session between the council and the school board, during which each group’s legislative priorities were pitched to four local lawmakers in attendance: Sen. James Seveney, Rep. Terri Cortvriend, Rep. Susan Donovan and Rep. Michelle McGaw. (Note: McGaw is the wife of the author of this article, Portsmouth Times editor Jim McGaw.)

Ever since an emergency executive order by then-Gov. Gina Raimondo first allowed virtual meetings by suspending some provisions of the OMA in March 2020 due to the COVID-19 pandemic, many government officials across the state have touted the benefits of allowing remote participation going forward. They argue it’s more convenient for many members of the public and promotes greater participation in the democratic process.

The executive order has been extended several times, most recently by Gov. Daniel McKee due to the Omicron variant causing a spike in COVID cases. That executive order expires Feb. 4, and while it may be renewed, some municipalities are looking for the Open Meetings Act to be revised so that both virtual and hybrid meetings can be held on a permanent basis — pandemic or not.

Monday’s meeting was a perfect example of a “hybrid” meeting, with three council members meeting in person and three more appearing virtually. One school board member was at Town Hall, while three others used Zoom. Three of the four legislators also participated remotely. Only a handful of citizens were present.

The School Committee had originally planned on using the same language as the Town Council for its pitch to modify the OMA: “Expand the Open Meetings Act to permit in-person, virtual and hybrid meetings.” 

But during discussion on legislative priorities at their Jan. 19 meeting in preparation for Monday’s session, school board members voted to add the words “for the public” at the end of the line – thereby differentiating between citizens and elected officials.

School board member Thomas Vadney, at the Jan. 19 meeting, said while he was in favor of allowing the public to participate virtually, letting public officials do the same “sets up a barrier between you and the people.”

‘Look them in the face’

Larry Fitzmorris, president of the taxpayer watchdog group Portsmouth Concerned Citizens, made his case against elected officials participating remotely at both meetings. 

“There are subtle but very powerful reasons for citizens to expect (elected officials) to be present so they can justify their actions,” Fitzmorris told the School Committee, adding that he’s found himself “shut off and silenced … a good number of times” while trying to get answers from elected officials who weren’t in the same room as him.

At Monday’s meeting, Fitzmorris reiterated his point, saying he approved of the school board’s stance on virtual meetings (“The School Committee is only talking about citizens,” he said), but not the council’s.

“We need to have our elected officials where we can look them in the face,” he said. “I can tell you I don’t like it at all … It separates me from the members of government.”

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