S.59 amends Vermont’s Open Meeting Law. In-person attendance is required for State nonadvisory public bodies as part of a hybrid model. Local public bodies also need a physical location unless they qualify for an undue hardship exemption. Advisory bodies are exempt from hybrid/in-person requirements and may meet remotely without a physical location.

“Undue hardship” is now more clearly defined. It refers to significant difficulty or expense in complying with meeting requirements based on the size of the government entity, staff availability, available resources and budget, and compliance costs.

It requires State Nonadvisory Public Bodies (i.e., decision-making bodies) to hold all meetings in a hybrid format (both physical location and electronic platform). They must electronically record all meetings. Recordings must be posted and retained for at least 30 days after meeting minutes are approved and posted. Hybrid requirements do not apply to site inspections or field visits.

Local Nonadvisory Public Bodies must also audio or video record meetings and post recordings for 30 days after minute approval. An exemption is allowed if recording imposes an undue hardship (the burden of proof is on the municipality).

Meeting agendas must be posted at least 48 hours before regular meetings and 24 hours before special meetings. Executive sessions must be labeled as “proposed executive session. Additions or deletions to the agenda must be made at the start of the meeting.