Is Worcester breaking Open Meeting Law by going virtual? What the AG's office says
The city hall itself will be closed to the public at 5 p.m., per the notification.
In a statement released on Tuesday morning, Worcester Mayor Joseph Petty said that the change in venue is due to 'threats of violence' made to elected and city officials.
Petty said tensions in the city have been high since a Brazilian woman was detained by Immigration and Customs Enforcement (ICE) on Eureka Street last Thursday.
Following the incident, the 'events of the last few days ... have been deeply disturbing and raised many questions,' the mayor said. 'As a result, many people — regardless of their viewpoint — are frustrated and angry.'
'Unfortunately, elected and city officials have received threats of violence,' Petty continued. 'City employees and department heads have also faced threatening calls and emails. It is important to remember that the people that keep city hall alive are just that — they are people. Employees have shared concerns about their safety."
The announcement of the change in venue was made public less than 48 hours before the meeting, raising the question as to whether the city violated the state's Open Meeting Law.
Guidance on holding meetings remotely under a continuation of COVID-19 measures in Massachusetts reads that meetings, including meeting locations, need to be posted at least 48 hours in advance — that's true even if the meeting is taking place remotely.
Section 20 of the law states that, except in the case of an emergency, 'a public body shall post notice of every meeting at least 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays.'
According to the Massachusetts Attorney General's office, a public body, in this case the city council, is allowed to change venues and post an amended notice at least 48 hours in advance.
However, if a meeting location is changed less than 48 hours in advance, the public body needs to provide the public with sufficient notice of the location change.
Additionally, a public body should also publicize the location through whatever channels it uses to communicate with the public, according to the Attorney General's office.
Examples of these channels include automated email notifications, social media platforms and online messaging boards, according to the Attorney General's office.
The public body must also be able to provide a rapid response to any email or phone inquiries from the public about meeting access.
Monday's announcement of the venue change was publicized by the city on social media platforms such as X, Instagram and Facebook.
On the city's website, a notification about Tuesday's meeting is highlighted at the top of the webpage. Clicking on the notification will bring the viewer to the full statement from the city along with a Zoom link, access code and telephone number to call into the meeting.
'In order to ensure active public engagement, remote participation for both meetings is available through at the City Council's Zoom link,' the statement reads.
A protest at City Hall against the actions of ICE and the Worcester Police Department is set to take place on Tuesday at 5:30 p.m.
The protesters will demand that the city council request City Manager Eric D. Batista write a new policy for the Worcester Police Department that would prevent them from becoming involved in ICE operations, according to organizer Jim Miller of Worcester.
Protesters had planned to attend the city council meeting in person and speak during the meeting's public comment period, Miller said.
He confirmed to MassLive on Tuesday that the protest is still on for 5:30 and that some rally members will speak at the city council meeting remotely.
Worcester judge sets trial date for woman detained by ICE on separate charge
Worcester mayor says council meeting will be remote due to 'threats of violence'
Worcester City Council meeting to be held virtually 'due to public safety concerns'
Read the original article on MassLive.
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