Meeting Laws: Who's Included And Who's Exempt?

Public meeting laws, also known as sunshine laws, are regulations that require government agencies, boards, commissions, and other public bodies to conduct their meetings and decision-making processes transparently and openly. These laws are designed to ensure that government actions and deliberations are accessible to the public, promoting government accountability and preventing clandestine decision-making.

In the United States, all 50 states have enacted public meeting laws by 1976, guaranteeing the public's right to access the meetings of governing bodies. While the specific regulations may vary by state, public meeting laws generally include provisions for public notice, public availability, agendas, records, accessible locations, quorum, compliance and enforcement, and public comment.

It is important to note that public meeting laws do not guarantee the public's right to speak at a meeting but rather their right to access and observe the meetings. The laws also outline exemptions for certain discussions or deliberations, such as personnel matters, legal matters, real estate transactions, and national security, which can be conducted in private or closed sessions.

Overall, public meeting laws play a crucial role in upholding the principles of transparency, accountability, and public participation in the functioning of local and state governments.

Public bodies

In Oregon, a "public body" is defined as the state, any regional council, county, city or district, or any municipal or public corporation; or any agency of those entities, such as a board, department, commission, council, bureau, committee, subcommittee, or advisory group. A key indicator of whether an entity is a public body is whether it was created by or pursuant to the state constitution, a statute, administrative rule, order, intergovernmental agreement, bylaw, or other official act.

In New York, public bodies include city councils, town boards, village boards of trustees, school boards, commissions, legislative bodies, and committees and subcommittees consisting of members of those groups.

In Massachusetts, a public body is defined as a "governmental body" that consists of a quorum of members, which is a simple majority of the members of the public body, unless otherwise provided in a general or special law, executive order, or other authorizing provision.

Open meeting laws generally require public bodies to provide advance notice of their meetings, including the date, time, location, and agenda. Meetings must be held in locations that are easily accessible to the public, and reasonable accommodations may be required to ensure participation by individuals with disabilities.

It is important to note that open meeting laws do not guarantee the public's right to speak at a meeting, but rather their right to access and observe the meetings.

Public notice

Public meeting laws, also known as sunshine laws, require that government agencies, boards, commissions, and other public bodies hold their meetings and decision-making processes in an open and transparent manner. These laws promote government accountability, prevent clandestine decision-making, and ensure the public's right to access information. While the specific regulations vary across different states and jurisdictions, there are several key aspects that are commonly included in public meeting laws:

• Government bodies must provide advance notice of their meetings, including the date, time, location, and agenda.
• This notice should be made available to the public through various means, such as official websites, public bulletin boards, or local newspapers.
• In some states, the notice period may be specified, such as 24 or 48 hours in advance.
• The notice should also include a list of the principal subjects or topics that will be discussed during the meeting.

Public Availability:

• Meetings of public bodies must generally allow residents to attend, listen to the debate, and observe the decision-making process.
• There may be exceptions for certain specific matters, such as personnel issues, ongoing investigations, collective bargaining, or discussions involving sensitive information, which can be held in closed or executive sessions.

Agendas:

Public bodies must have a predetermined agenda for their meetings, ensuring that the public is aware of the topics to be discussed and allowing for orderly proceedings.

Records and Minutes:

Minutes or records of meetings are usually kept and made available to the public, providing a permanent record of the discussions and decisions made.

Accessible Locations:

Meetings should be held in locations that are easily accessible to the public, and reasonable accommodations may be required to ensure participation by individuals with disabilities.

Quorum:

A minimum number of members, known as a quorum, is typically required to be present for a meeting to be considered valid and for decisions to be made.

Compliance and Enforcement:

Public meeting laws often include mechanisms for enforcement and penalties for violations, such as fines, legal challenges, or the invalidation of decisions made in violation of the law.

It is important to note that the specific details and requirements of public meeting laws can vary across different states and jurisdictions. Therefore, it is essential to refer to the specific laws and regulations applicable in your area.

Public availability

Open meeting laws, also known as sunshine laws, require that most meetings of federal and state government agencies, boards, commissions, and other public bodies be open to the public. These laws are designed to ensure government transparency and accountability, and to promote an informed citizenry. While the specific regulations vary by state, there are several key aspects of public availability that are generally included in open meeting laws.

Public Notice

Government bodies must typically provide advance notice of their meetings, including the date, time, location, and agenda. This notice is usually made available to the public through various means, such as posting on official websites, public bulletin boards, or local newspapers.

Public Attendance

Meetings of public bodies must generally allow residents to attend and observe the proceedings. However, there are often exceptions for specific matters, such as personnel issues, ongoing investigations, or collective bargaining, which can be discussed in closed or executive sessions.

Accessibility

Meetings are usually held in locations that are easily accessible to the public, and reasonable accommodations may be required to ensure participation by individuals with disabilities.

Quorum

A quorum, or a minimum number of members, is typically required to be present for a meeting to be considered valid and to make decisions.

Compliance and Enforcement

Open meeting laws often include mechanisms for enforcement and penalties for violations, such as fines, legal challenges, or the invalidation of decisions made in violation of the law.

Remote Participation

With the increasing use of technology, many jurisdictions now allow for remote participation in public meetings through electronic means such as telephonic conference calls or video conferencing. However, notice and access requirements still apply, and reasonable accommodations for individuals with disabilities must be provided.

Public Comment and Participation

While not always required, many open meeting laws allow for public comment and participation during meetings. This may involve allowing attendees to submit questions or comments electronically or enabling remote participants to engage through video and audio interaction.

Quorum

A quorum is the minimum number of members of a public body who must be present at a meeting for the meeting to be valid. The quorum is usually set by the organisation's bylaws and is typically a simple majority of members.

The quorum is important because it ensures that decisions are made by a representative group of the body, rather than by just a few members. This helps to prevent a small number of members from becoming too powerful and making decisions that do not benefit the organisation as a whole.

If a quorum is not met during a meeting, the existing attendees are still allowed to take certain actions. According to Robert's Rules of Order, they can:

• Adjust the meeting time and reschedule for a later date when more people can attend.
• Adjourn the meeting and try again at a later date.
• Take a recess and pause the meeting in the hope that additional members will arrive or be rounded up.
• Enact a privileged motion, such as forming a committee to call absent members.

It is important to note that the quorum number should be representative of members in a decision-making role. For example, if a company has ten board members, a quorum could be a simple majority of six board members, rather than 51% of every shareholder in the company.

Compliance and enforcement

Legal Consequences and Remedies

Non-compliance with open meeting laws can result in legal consequences, including the invalidation of actions or decisions made during meetings that violated the law. Interested parties or members of the public may initiate legal challenges or file lawsuits to address violations. In some cases, courts may void decisions made in violation of open meeting laws or order equitable relief to prevent future violations.

Fines and Penalties

Open meeting laws often include provisions for fines or penalties for non-compliance. These fines can vary in amount and may be levied against individual members of the public body, the government agency as a whole, or both. For example, in Knox County, Tennessee, a judge nullified a dozen appointments to elected offices due to violations of the state Open Meetings Act.

Mandatory Training and Education

Public officials who violate open meeting laws may be required to undergo training or education on these laws to prevent future violations. This ensures that officials understand their obligations under the law and promotes a culture of compliance within the government body.

Public Censure or Impeachment

In cases of severe or repeated non-compliance, public officials may face public censure by their governing body or even impeachment. This holds officials accountable for their actions and sends a strong message about the importance of adhering to open meeting laws.

Attorney's Fees

Some open meeting laws allow individuals or organizations that successfully challenge violations in court to recover their attorney's fees. This provision encourages individuals to take legal action when their rights to access public meetings are infringed upon.

Public Relations Impact

Non-compliance with open meeting laws can damage the reputation of the government agency and its officials. It can erode public trust and confidence in the transparency and accountability of government operations. This, in turn, may lead to decreased public participation and engagement in the decision-making process.

Oversight Agencies and Complaint Procedures

Many jurisdictions have established oversight agencies or complaint procedures to address violations of open meeting laws. For example, in Massachusetts, individuals who allege a violation of the Open Meeting Law must first file a complaint with the public body alleged to have violated the law. The public body then has a set amount of time to review the allegations, take remedial action if necessary, and respond to the complainant. If the individual is not satisfied with the response, they can escalate the complaint to the Attorney General's Office for further review and potential legal action.

Role of the Media

The media plays a crucial role in ensuring compliance with open meeting laws. By attending public meetings and reporting on government proceedings, the media can shine a spotlight on any violations or attempts to circumvent the law. Additionally, the media can educate the public about their rights to access public meetings and hold government bodies accountable for their actions.

In summary, compliance with open meeting laws is crucial for maintaining transparency and accountability in government operations. A range of enforcement mechanisms, including legal consequences, fines, mandatory training, public censure, and oversight by dedicated agencies, help to deter violations and promote adherence to these important laws.

Frequently asked questions