Political Parties And Vt Open Meeting Law: Who's Included?

Vermont's Open Meeting Law declares that all meetings of a public body are open to the public at all times, except when an exception applies. The law defines a public body as any municipal board, council, commission, or committee. The purpose of the law is to promote transparency, accountability, and better decision-making in government. It requires public bodies to provide advance notice of meetings, including agendas, and to allow members of the public to attend and participate. Meeting minutes must also be made available to the public. The law also permits advisory bodies to meet electronically without a physical location and requires all other public bodies to record their meetings and post the recordings online for a minimum of 30 days. It is unclear, however, whether the law applies specifically to political parties.

Advisory bodies and remote meetings

Vermont's Open Meeting Law (OML) has been amended to allow for greater flexibility in how and where meetings are conducted.

Advisory Bodies

'Advisory bodies' are those that do not have supervision, control, or jurisdiction over legislative, quasi-judicial, tax, or budgetary matters. As of July 1, 2024, these advisory bodies are permitted to meet electronically without a physical meeting location. This means that all members of an advisory body can attend a meeting by electronic means without being physically present at a designated meeting location. This change is a permanent amendment to the OML.

Non-Advisory Bodies

On the other hand, 'non-advisory bodies' or 'public bodies' are required to record their meetings in audio or video form and post the recordings in a designated electronic location for a minimum of 30 days following the approval and posting of the official minutes of the meeting. These bodies are also allowed to meet remotely in response to a state of emergency or 'local incident'.

Public Access

All public bodies must provide local residents, members of the press, or members of the body itself with electronic, telephonic, or in-person meeting access options to regularly scheduled meetings, if requested, unless it causes undue hardship.

Additionally, for any meeting where one or more members attend by electronic or other means without being physically present, the following requirements must be met:

• Each member must identify themselves at the start of the meeting and be able to hear and be heard throughout.
• If a quorum or more of the members attend without being physically present, the agenda must designate at least one physical location where a member of the public can attend and participate. At least one member or staff/designee of the public body must be physically present at this location.

Meeting Notices and Agendas

The time and place of all regular meetings must be clearly designated and available to any person upon request. For special meetings, the time, place, and purpose must be publicly announced at least 24 hours in advance. In the case of municipal public bodies, notices of special meetings must be posted in or near the municipal clerk's office and in at least two other designated public places in the municipality.

Meeting agendas must be posted to the public body's website at least 48 hours before a regular meeting and 24 hours before a special meeting. Any additions or deletions to the agenda must be made as the first act of business at the meeting, and any other adjustments can be made at any time during the meeting.

Meeting Minutes

Minutes must be taken for all meetings of public bodies and made available to the public. They should cover all topics and motions that arise, giving a true indication of the business of the meeting. Minutes must include:

• All members of the public body present
• All other active participants
• All motions, proposals, and resolutions made, offered, and considered, and their disposition
• The results of any votes, including a record of individual votes if a roll call is taken

Meeting minutes should be posted no later than five calendar days after the meeting to the public body's website, where they must remain for at least one year. They must also be kept by the clerk or secretary of the public body and be available for inspection and purchase by any person upon request after five calendar days from the date of the meeting.

Non-advisory bodies and meeting recordings

The Vermont Open Meeting Law differentiates between "advisory bodies" and "non-advisory bodies".

Advisory bodies are those that do not have supervision, control, or jurisdiction over legislative, quasi-judicial, tax, or budgetary matters. Non-advisory bodies, on the other hand, are all other public bodies that do have such powers.

For non-advisory bodies, the Vermont Open Meeting Law requires that all meetings are recorded in audio or video form. These recordings must then be posted in a designated electronic location. They must be available for a minimum of 30 days following the approval and posting of the official minutes of the meeting.

The law also requires that all non-advisory public bodies provide local residents, members of the press, or members of the body itself with electronic, telephonic, or in-person meeting access options to regularly scheduled meetings, if requested. However, this is not mandatory if it causes undue hardship.

Additionally, municipalities are required to post on their websites (if they have one) an explanation of the procedures for submitting notice of an Open Meeting Law violation to the public body or the Attorney General. They must also post a copy of the text of 1 V.S.A. § 314.

The Vermont Open Meeting Law aims to promote transparency, accountability, and better decision-making in government. It ensures that the public has reasonable access to understand the actions of public bodies acting on their behalf.

Public body meeting access

The public's access to meetings of public bodies is governed by the Open Meeting Law. In the UK, this is the Public Bodies (Admission to Meetings) Act 1960, which states that any meeting of a public body should be open to the public, except where publicity would be prejudicial to the public interest. In the US, each state has its own legislation. For example, Vermont's Open Meeting Law requires all meetings of public bodies to be open to the public at all times, unless a specific exception applies. The law is designed to promote transparency, accountability, and better decision-making in government. Similarly, New York State law requires every meeting of a public body to be open to the general public, except for executive sessions.

In Massachusetts, the Open Meeting Law does not require that a public body allow public comment or public participation during its meetings. However, the Massachusetts Declaration of Rights states that content-based restrictions on public comment may violate the right to assemble and the right to free speech. Vermont's Open Meeting Law also requires public bodies to allow members of the public to attend and participate in meetings.

Public bodies in Vermont must provide advance public notice of meetings, including meeting agendas, and make meeting minutes available to the public. Vermont's law also requires public bodies to record their meetings in audio or video form and post the recordings online for a minimum of 30 days following the approval and posting of the official minutes. New York State has similar requirements, with the addition that meetings must be held in facilities that permit barrier-free physical access to the physically handicapped.

In the UK, public bodies must give public notice of the time and place of the meeting at least three clear days before, or at the time the meeting is convened if it is at shorter notice. They must also supply, on request and on payment of postage or other charges, a copy of the agenda for the meeting for the benefit of any newspaper.

Meeting notices and agendas

Vermont's Open Meeting Law requires all meetings of public bodies to be open to the public at all times, unless a specific exception applies. The law is meant to promote transparency, accountability, and better decision-making in government.

Public bodies must provide advance notice of meetings, including meeting agendas. Meeting agendas must be posted to the public body's official website, and in the case of a municipal public body, the agenda must also be posted in or near the municipal office and in at least two other designated public places in the municipality.

For regular meetings, the agenda must be posted at least 48 hours in advance. For special meetings, the agenda must be posted at least 24 hours in advance, and the time, place, and purpose of the meeting must be publicly announced at least 24 hours before the meeting. Notices of special meetings must be posted in or near the municipal clerk's office and in at least two other designated public places in the municipality. In addition, notice must be given to each member of the public body at least 24 hours before the meeting, unless a member waives this notice.

Emergency meetings can be held without public announcement, posting of notices, or 24-hour notice to members, but some public notice must be given as soon as possible before the meeting. Emergency meetings can only be held when necessary to respond to an unforeseen occurrence or condition requiring immediate attention by the public body.

Any changes to the agenda must be made at the beginning of the meeting, and any other adjustments can be made at any time during the meeting.

The public body must also provide local residents, members of the press, or members of the body itself with electronic/telephonic or in-person meeting access options to a regularly scheduled meeting if requested, unless it causes undue hardship.

Meeting minutes and public records

Meeting minutes are an important form of record-keeping for organisations. They are an official record of actions taken by a board or committee and serve a historical and legal purpose. Meeting minutes are public documents that should be made available to the public. However, there is no standard for the level of detail included in meeting minutes, and the specific requirements for meeting minutes may vary depending on the organisation and applicable laws.

In the state of Vermont, the Open Meeting Law requires all "public bodies" to comply with open meeting laws, providing Vermonters with reasonable access to understand the actions of these public bodies. The Chittenden County Regional Planning Commission (CCRPC), for example, is subject to these requirements as a political subdivision of the state. The Open Meeting Law in Vermont declares that "all meetings of a public body are open to the public at all times, except as provided in section 313 of this title [on executive sessions]."

Meeting minutes should include basic information such as the date, time, venue, and names of those in attendance, including staff and the person recording the minutes. They should also include the agenda and a summary of each item discussed, as well as any votes taken. It is important to note that meeting minutes are not a transcript of everything said during the meeting and should not include direct quotations or detailed reports of discussions.

In terms of public records, Vermont's Open Meeting Law and Public Records Law work together to provide transparency and accountability in government. The Public Records Law, 1 V.S.A. §§ 315-320, ensures that government records are accessible to the public, promoting transparency and allowing citizens to hold their government accountable.

While unapproved meeting minutes may be considered public records in some states, the law in Colorado is less clear on this matter. The Colorado Open Records Act (CORA) states that minutes shall be "promptly recorded" and open to public inspection, but it does not specify whether unapproved minutes are subject to public disclosure. In practice, some government entities in Colorado may withhold meeting minutes until they are officially approved, while news organisations and the public may seek access to these records to understand what transpired during government meetings.

Frequently asked questions