Public Disclosure

Question 1

What is open meetings law?

Answer 1

Certain meetings of public bodies must be open to public.

Question 2

What kind of notice should be given in advance of an open meeting?

Answer 2

1) Notice, time/date/place of meeting.
2) Meetings scheduled a week or more in advance need 72 hours notice. All other meetings, a reasonable time before.
3) Also must be posted to 1 or more public place and minutes are to be available 2 weeks after.

Question 3

Who is subject to open meetings law?

Answer 3

Public body, government body who takes formal action by adopting resolutions and is subject to quorum requirements. Councils, boards of trustees etc

Question 4

Who is not subject to open meetings law?

Answer 4

Judicial / quasi judicial proceedings, meetings of political parties.

Question 5

What is a meeting?

Answer 5

Official convening of public body for purpose of conducting public business.

Question 6

What meeting is subject to open meetings law?

Answer 6

1) Held by public body;
2) Quorum present; and
3) Public body engaged in deliberative process.

Question 7

What is an executive session?

Answer 7

It is a portion of an open meeting during which public may be excluded.

Question 8

How do you close meeting and go into an executive session?

Answer 8

Must make:

1) Motion to enter
2) Motion must tell you what reason/identify general areas/subjects to be considered
3) Must be carried by majority of voting body.

Question 9

What matters may an executive session be conducted for?

Answer 9

1) Imperil public safety, 2) Disclose identity of cop or informant 3) Information about litigation or criminal investigations, 4) Matters regarding transactions of real property OR securities.

Question 10

What can an executive session not be held for?

Answer 10

No action can be taken to appropriate public money

Question 11

Do minutes of an executive session have to include records protected under freedom of information law?

Answer 11

No.

Question 12

Who can bring an action for violation of the open meetings law?

Answer 12

Any aggrieved person (improperly excluded)

Question 13

What remedies are available?

Answer 13

Declare an action taken void except where unintentional failure to fully comply with notice requirements this is not enough to declare invalidity.

Question 14

Can I get my attorney fees? If so, when must the Court award fees?

Answer 14

Successful party can get attorney fees.
Court must award fees where body voted in private in violation of law or substantial violation of law or substantial deliberations occurred that should have been public.

Question 15

What’s the procedure for making information available under a freedom of information law request?

Answer 15

1) written request for a record.
2) Agency has to respond within 5 business days:
a) Provide material
b) Deny request
c) Tell you when they will respond.

Question 16

What records do not have to be disclosed?

Answer 16

1) Invasion of privacy 2) hinder law enforcement 3) Endanger life/safety 4) Guarantee security
5) Inter/intra agency materials including statistical and factual information.

Question 17

Whats the right of appeal to denial of freedom of information law request?

Answer 17

1) Appeal within 30 days of denial;
2) Agency must respond in 10 days;
3) If fresh denial can start Article 78 Proceeding to review denial;
4) If denial based on claimed exemption, agency has to show how it falls into the exception.