Public Disclosure Flashcards
What are the requirements of the Open Meetings Law?
- Open to the public, other than executive sessions
2. Notice
What notice is required for open meetings?
- Notice of time, place, date
- Given a reasonable time before the meeting, or 72 hours in advance for a meeting scheduled a week in advance
- To news media and public
- By posting notice in one or more designated public locations and when possible online
When should minutes of the meeting be taken and made available to the public?
Within 2 weeks after the meeting or 1 week after executive session?
What public bodies are subject to Open Meetings Law?
Public bodies = governmental bodies that take formal action by adopting resolutions and are subject to quorum requirements
Examples = city councils, town boards, school boards, etc.
What meetings are not subject to Open Meetings Law?
- Judicial or quasi-judicial proceedings
- Meetings of political committees
- Chance meetings or social meetings
When is a meeting subject to Open meetings Law?
Meeting = the official convening of a public body for the purpose of conducting public business
Subject to Open Meetings Law if:
- Held by a public body
- A quorum is present
- Public body is engaged in a deliberative process
What is a deliberative process?
Discussing any matter upon which the body may then or later take action
Intent to take action or whether action is actually taken is irrelevant.
What is an executive session?
A portion of an open meeting during which the public may be excluded.
What is the proper protocol for starting an executive session?
- Member of the public body makes a motion to go into executive session
- Motion must identify the general areas to be considered
- Motion must be carried by a majority of the vote of the total membership of the public body
- Minutes must be taken but do not have to include matter protected by FOIL
What matters are permissible to discuss in an executive session?
Only these topics:
- Matters that may imperial public safety if disclosed
Matters that may disclose the identity of a law enforcement agent or informant - Information relating to current of future criminal investigations or prosecutions
- Information regarding current or pending litigation
- Collective bargaining negotiations
- Medical, financial, credit or employment history of a particular person
- Matters relating to exams
- Matters involving real property or securities if the disclosure would substantially affect the value
Who may bring a lawsuit relating to the Open Meetings Law?
Any person improperly excluding from the meeting or if executive session is improperly held
What is the remedy for an Open Meetings Law violation?
Court may declare that action taken is void, except for unintentional failures to comply
Attorney’s fees may be awarded when the public body voted a material violation of the law or substantial deliberations occurred in private
What is the procedure for obtaining information under the Freedom of Information Law?
- Make a written request for the record
- The agency must respond within 5 days and either:
a. Provide the material
b. Decline the request, or
c. Provide an approximate date that the request will be granted or denied
What records are not exempted from disclosure under the Freedom of Information Law?
Those record which would:
- Constitute unwarranted invasions of personal privacy
- Hinder law enforcement efforts
- Endanger life and safety
- Jeopardize the agency’s electronic security system
- Inter- or intra- agency material that are predecisional
What remedies are available for denial of access to records?
- Appeal to the agency in writing within 30 days
- Agency must respond within 10 days by explaining the reason for denial
- Bring an article 78 proceeding and the agency has the burden of proving the exemption
