Sunshine Flashcards
What 3 items are the hallmark standard for public meetings?
PUBLIC MTGS ----------- pub mtg: nom-nom-nom ----------- 1. Open to the public. 2. Reasonable notice provided. 3. Minutes taken, verbatim unnecessary, promptly recorded & open to inspection even if not yet ratified.
When might a Board meeting be exempt?
Collective bargaining, the meeting of a board w/ its own negotiation team is exempt.
Are meetings with the Union exempt?
No. Out in the sunshine.
PUBLIC MTGS
Are meetings between Board & Atty public?
Yes UNLESS:
Discussing settlement negotiations or strategy in pending litigation.
Are Board-Atty meetings private when regarding ADR?
No. Mandatory arbitration is not litigation & meetings must be open.
What if Board member reveals info discussed at a ‘shade meeting’?
No violation.
How is the public initially alerted to a shade meeting?
At public meeting, Atty advises he desires to meet w/ Board.
What can be discussed at a shade meeting?
Settlement negotiations or strategy in pending litigation.
Are shade meetings recorded?
Yes by Court reporter.
What must court reporter note for the record?
PUBLIC MTGS
(1) Time commence & terminate.
(2) All discussions & proceedings.
(3) Names of all persons present at any time.
(4) Names of persons speaking.
What portion of a shade meeting is off the record?
None.
What does court reporter do with the recordings?
Transcribe & file w/ clerk within a reasonable time.
What kind of notice is required for a shade meeting?
Reasonable notice of date/time & all persons attending.
What is mechanics of shade meeting?
During a public meeting, chair states publicly that the Board-Atty meeting is starting & who will attend.
When is transcription of a shade meeting made public?
At conclusion of litigation.
PUBLIC MTGS ----------- What penalty might an elected or qualified for office public official face for a violation of public records or public meetings laws? --- A) Unknowing. B) Knowing.
A) Noncriminal infraction w/ fine no more than $500.
B) 2nd deg misdemeanor, $500 + 60 days + removal.
What penalty might a Board mbr face for knowingly attending a mtg not held in sunshine.
2nd degree misdemeanor, $500 fine + 60 days + removal.
Are AF appropriate if LG made a good faith mistake in violating the public records laws?
Yes. Good faith mistake does not exempt you from attorney’s fees.
How can a Board member shield herself?
Seek & follow attorney’s opinion.
When might LG get attorneys’ fees over a public record request?
If request was filed in bad faith.
Can a board member email an article/link to the others?
Yes if its one-way communication & is kept as a public record. No response until public meeting.
Can board members discuss a pending item with Staff?
Yes, but cannot use the Staff as a liaison between Board mbrs.
Is a Clerk’s facebook page a public record?
Yes. Presumably done in connection w/ official business, subject to public records & record retention schedule.
Exceptions
PUBLIC MTG RULES ----------- Sued or about to be sued: 1) Settlement negotiations 2) Strategy sessions 3) Expenditures
