Open Meetings Flashcards
What is a “meeting?”
Govt body - a gathering of a quorum to discuss public business
What if the members are just receiving info?
Still a meeting if public business
What if the meeting is only in writing?
Still a meeting, UNLESS a live message board
How much notice is the public entitled to?
72 hours, or 7 days if the body has statewide jdx
How does notice have to be posted? Can it be online only?
Must be a physical publication
Does the public have a right to speak at the meeting?
No, not the same as a public hearing
What does the body have to do in order to have a closed session?
1 The matters to be discussed must have been posted in the notice
2 Open the meeting in a regular session
3 Give the statutory basis for moving to closed session
4 Keep a certified record of the closed session
5 Take final action in the open session
What if action is taken in violation of the Open Meetings Act?
The action is voidable, similar to rules adopted in violation of APA rulemaking procedures.
What are the major exceptions to the Open Meetings Act?
Legal Real estate Some K negotiations Personnel matters Financial investment
How can you access a certified record of a closed meeting?
Only by court order
What if the violating body had relied upon an OAG opinion?
That is an affirmative defense
