Editor’s Note: This article was adapted by VLCT Municipal Assistance Center staff from “Virtual Meetings and Avoiding Zoombombing” by Dene Westbrook of the Michigan Municipal League (April 2, 2020).
Several of our members have begun conducting their public meetings in a hybrid or fully remote setting (under the temporary provisions of Act 1) using online conferencing platforms. We wanted to share some information regarding a phenomenon called “Zoombombing,” which some of you may have encountered.
So-called “Zoombombing” is when someone (who may or may not be a resident of your community) joins a remote or hybrid meeting and causes disorder by saying offensive things in chat or during public comment, or by hijacking the meeting by screen sharing content on their computer. This can be disruptive and uncomfortable when offensive material or speech is shared. There are some things you can do to protect yourselves from Zoombombing and still stay within the confines of the Open Meeting Law (OML). Regardless of what platform you choose to host your meetings, the host/organizer of the meeting should be comfortable with the meeting controls and settings to best manage any potential disruptions.
To better protect your meetings, use these best practices, being sure to double-check the relevant settings:
Unfortunately, these practices won’t fully protect you from participants who are intent on causing disorder during the public commenting period. If a participant’s comment results in disruptive behavior (e.g., by exceeding time limit or by providing irrelevant, repetitious, or disruptive speech) the chair of the public body can manage the comment per the board’s rules of procedure up to and including removing the disruptive speaker. Review our Model Rules of Procedure for Municipal Boards for information on managing disruptive behavior in accordance with the Open Meeting Law.
External References
Setting Up a Hybrid Public Meeting
Vermont law prohibits people from placing “obstructions” or “encroachments” within town highways that would hinder or prevent public travel or injure or impede a person traveling on the highway. 19 V.S.A. § 1105. Even more broadly, 19 V.S.A. § 1111(b) prohibits the “deposit[ing] [of] material of any kind within” town highway rights-of-way. While these laws do not specifically refer to snow, we think they are broad enough to include instances when private landowners are pushing or depositing snow into town highways.
Violators of 19 V.S.A. § 1105(b) can be fined up to $1,000 and be held personally liable for the actual costs of repairing any damage and reasonable attorney’s fees. Similarly, a violation of 19 V.S.A. § 1111(b) can incur a fine of $100 to $10,000 for each violation. A warning letter to the violator, describing the nature of the violation along with the potential penalties, may be enough to stop their practice.
More specifically, the act of dumping snow into a town highway, shoulder, or sidewalk is also a violation of state law under 23 V.S.A. § 1126a:
No person, other than an employee in the performance of his or her official duties or other person authorized by the agency of transportation (in the case of state highways) or selectboard (in the case of town highways), shall plow or otherwise deposit snow onto the traveled way, shoulder or sidewalk of a state highway or a class 1, 2 or 3 town highway.
Law enforcement officers may enforce this state law by issuing a civil violation complaint (i.e., a ticket). 23 V.S.A. §1013.
It may be more efficient, however, for towns to regulate snow removal and prohibit the depositing of snow on town highways by enacting a local highway or nuisance ordinance. In this way, towns may establish their own tailored violations and penalties and be in a better position to enforce the regulations.