VIRTUAL TOWN COUNCIL MEETINGS: CAN THEY DO THAT?

During the May 27 Dover Town Council meeting, a resident appeared in a head-to-toe burqa. When he refused to remove the face covering, Mayor James P. Dodd called a recess. The Council went into session, and they voted seven-to-one, with one abstention, to ban the public from future meetings. Dodd cited safety as the reason for the vote.

Dodd said future meetings will be virtual only. He did not rule out reopening council meetings by the fall, but the legality of banning the public from a public meeting in a public building is up for debate. Council member Sandra Wittner, who cast the lone vote against the hastily drawn-up resolution, said council meetings should only go online when there is a "real safety risk," such as the COVID-19 pandemic. 

Current law allows government agencies to hold remote meetings only during a state of emergency or a public health emergency. During the pandemic, most government bodies livestreamed their meetings. However, many have since shifted back to in-person meetings.

Last year, the state Legislature introduced a bill to allow more remote public meetings via public bodies, including councils. The remote meetings would allow the right to vote and receive public comment through electronic means. The measure has not yet passed.

There is, however, a gray area around whether a man wearing a head-to-toe burqa presents enough proof for a town council to declare a “state of emergency” that can effectively shut down public meetings.

Stay tuned for more coverage in the June/July issue of DOVERNOW.