62, Sec. If a problem occurs that causes a meeting to no longer be visible and audible to the public at that location, the meeting must be recessed until the problem is resolved. Acts 2007, 80th Leg., R.S., Ch. 1306), Sec. May 23, 2015. HTML PDF. The recording shall be made available to the public. Sec. 25 O.S. However, evidence that a defendant completed a course of training offered under this section is not prima facie evidence that the defendant knowingly violated this chapter. 1, eff. 471), Sec. 551.0725. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW. (b) A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item. Added by Acts 2005, 79th Leg., Ch. 3357), Sec. 551.0745. Sec. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 9.012, eff. (e) For purposes of Subsection (d), an attorney who receives compensation for legal services performed, from which employment taxes are deducted by the governmental body, is an employee of the governmental body. 1, eff. 551.1283. September 1, 2017. 535 (H.B. Sec. (a) All public bodies shall keep written minutes of all. (a) An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or recording of a meeting that was lawfully closed to the public under this chapter: (2) is liable to a person injured or damaged by the disclosure for: (A) actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress; (B) reasonable attorney fees and court costs; and. Find out more about them here. of Ed., 1975 OK 147, 542 P.2d 1309. . SUBCHAPTER G. ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS. 647 (H.B. Emergency Meetings 20 4. 551.081. CREDIT UNION COMMISSION. Sec. 87 (S.B. Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Do you have a compliance guide for the Open Meetings Act? CONSULTATION WITH ATTORNEY; CLOSED MEETING. (2) create an exception to the application of this subchapter. In addition, a meeting held by video conference call shall: Added by Acts 2013, 83rd Leg., R.S., Ch. 471), Sec. (2) information relating to a proposed new service or product line of the hospital, hospital district, or nonprofit health maintenance organization before publicly announcing the service or product line. It generally requires these bodies to publicly notice their meetings, prepare agendas, accept public testimony and conduct their meetings in public unless specifically authorized to meet in closed session. The Open Meetings Act is a state law that requires meetings of public bodies to be open to the public except in certain, specific situations. (c) The presiding officer or member shall give the notice by telephone, facsimile transmission, or electronic mail at least one hour before the meeting is convened. posting it on the agency . 308 Meeting between Governor and Majority Members of Public Body, 25 O.S. September 1, 2009. (a) A governmental body may use a telephone conference call, video conference call, or communications over the Internet to conduct a public consultation with its attorney in an open meeting of the governmental body or a private consultation with its attorney in a closed meeting of the governmental body. 551.074. (c) The online message board or similar Internet application described in Subsection (a) may only be used by members of the governmental body or staff members of the governmental body who have received specific authorization from a member of the governmental body. (b) Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought. Sec. (2) (a) A meeting that is open to the public includes a workshop or an executive session of a public body in which a quorum is present, unless closed in accordance with this chapter. 633, Sec. (d) Completing the required training as a member of the governmental body satisfies the requirements of this section with regard to the member's service on a committee or subcommittee of the governmental body and the member's ex officio service on any other governmental body. At the time of an open meeting, a public body is not required to disseminate or 984), Sec. (3) have two-way audio and video communications with each participant in the meeting during the entire meeting. (a) Except as otherwise provided by this subchapter, this chapter does not prohibit a governmental body from holding an open or closed meeting by telephone conference call. 1, eff. This chapter does not require an agency financed entirely by federal money to conduct an open meeting. 1296), Sec. The same holds true for similar discussions and decision-making by a city council, a township board of trustees or any other public body. Sept. 1, 1999. Who is subject to OMA? The term includes a session of a governmental body. In " Michigan's Open Meetings Act: An introduction ," we explored several general provisions of the Open Meetings Act (OMA). Act 267 of 1976. (b) The secretary of state shall post the notice on the Internet. 3, eff. 1, eff. The Nebraska Open Meetings Act guarantees that every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies. 3, eff. Acts 2015, 84th Leg., R.S., Ch. Notable exemptions to this definition include: employment search committees for executive positions. BASIC PROVISION PROHIBITED SERIES OF COMMUNICATIONS; OFFENSE; PENALTY. This article will further explore deliberations, decisions, meeting notices and . 4, eff. (c) A meeting of a state governmental body or a governmental body that extends into three or more counties may be held by videoconference call only if the member of the governmental body presiding over the meeting is physically present at one location of the meeting that is open to the public during the open portions of the meeting. 1, eff. Added by Acts 1997, 75th Leg., ch. Your right to attend public meetings is protected. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 1004, Sec. September 1, 2009. (a) A school district shall provide special notice of each meeting to any news media that has: (2) agreed to reimburse the district for the cost of providing the special notice. The Act creates an exception to the 72-hour or 7-day posting requirements in the event of an emergency, which is defined . WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE TO PUBLIC. 5.02(a), eff. Attorney General Balderas issued the following guidance to public entities across the State of New Mexico regarding their ongoing obligations to comply with the Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) during the state of emergency in New Mexico. May 18, 2013. 2018), Sec. 1640), Sec. 1, eff. The Attorney General has the statutory authority to enforce OMA and to ensure that those public meetings covered by OMA are in compliance with state law. Under subsection (1) of this section, the Legislature has imposed only two conditions on the public body's notification method of a public meeting: (1) It must give reasonable advance publicized notice of the time and place of each meeting and (2) it must be recorded in the public body's minutes. April 1, 2009. . 1, eff. Open Meetings Act provides that persons shall be permitted to address the meeting of a public body under the rules established by the public body, and also 3.07, eff. May 18, 2013. June 20, 2003. 925, Sec. Sec. LEGISLATURE. (e) This section expires September 1, 2027. Sec. collective bargaining. 239), Sec. 304 Definitions used in Open Meeting Act, 25 O.S. Sec. 87 (S.B. However, any additional procedure that a governmental body adopts for the conduct of its meetings must be consistent with the Open Meetings Act. Acts 2007, 80th Leg., R.S., Ch. 551.004. The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, or the attendance by a quorum of a governmental body at a candidate forum, appearance, or debate to inform the electorate, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, press conference, forum, appearance, or debate. The governmental body is not required to establish a separate Internet site and provide access to archived recordings of meetings from that site. 21.001(49), eff. (a) A member of a governmental body commits an offense if the member: (1) knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by this chapter and that concern an issue within the jurisdiction of the governmental body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and. 1, eff. This article shall be known and may be cited as the Common Interest Development Open Meeting Act. (b) The commissioner of insurance may deliberate and determine the appropriate action to be taken concerning the solvency of a person regulated by the Texas Department of Insurance in a closed meeting with persons in one or more of the following categories: (1) staff of the Texas Department of Insurance; (3) representatives of a regulated person; or. (3) if the governmental body makes a good-faith attempt to continuously post the notice on the Internet during the prescribed period, the notice physically posted at the location prescribed by this chapter must be readily accessible to the general public during normal business hours. September 1, 2009. Acts 2005, 79th Leg., Ch. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2007. of all their closed meetings in the form of an audio or video. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. Meetings Act, KRS 61.800 to 61.850, and the Open Records Act, KRS 61.870 to 61.884, and contains basic information about the Acts. (b) The governing board of a general academic teaching institution or of a university system that includes one or more component general academic teaching institutions, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall: (1) post as early as practicable in advance of the meeting on the Internet website of the institution or university system, as applicable, any written agenda and related supplemental written materials provided to the governing board members in advance of the meeting by the institution or system for the members' use during the meeting; (2) broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128; and. 268, Sec. September 1, 2007. 551.072. (c) Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the district certifies are confidential or may be withheld from public disclosure under Chapter 552. (e) For purposes of Subsection (b)(2), the sudden relocation of a large number of residents from the area of a declared disaster to a governmental body's jurisdiction is considered a reasonably unforeseeable situation for a reasonable period immediately following the relocation. Acts 2011, 82nd Leg., R.S., Ch. 3, eff. (a-3) A member of a governmental body who participates in a meeting by videoconference call shall be considered absent from any portion of the meeting during which audio or video communication with the member is lost or disconnected. 551.127. (e) A governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program, or service. 87 (S.B. (b) The attorney general shall ensure that the training is made available. NOTICE OF MEETING REQUIRED. Acts 2007, 80th Leg., R.S., Ch. 551.048. 2, eff. This pamphlet was written with the individual board member in . Added by Acts 1993, 73rd Leg., ch. (b) Notwithstanding any other provision of this chapter and subject to Subsection (c), a commissioners court to which this section applies may hold an open or closed meeting, including a telephone conference call, solely to deliberate about disaster or emergency conditions and related public safety matters that require an immediate response without complying with the requirements of this chapter, including the requirement to provide notice before the meeting or to first convene in an open meeting. 2414), Sec. If not, the meeting must be treated as a special meeting, and all of the limitations and requirements for special meetings apply. 21.001(26), eff. 310 Executive Sessions, Legislative Committee Members Attending, 25 O.S. 1, eff. 1, eff. 3827), Sec. (4) members of the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D, Insurance Code. (3) participates in the closed meeting, whether it is a regular, special, or called meeting. Under KRS 15.257(1), the Office of the Attorney General distributes this written information to assist the public in understanding the Open Meetings and Open Records Acts, and public officials in 14, eff. 42.30.070. Acts 2007, 80th Leg., R.S., Ch. These events are open to all interested members and staff of state and local governments, school boards, commissions, media, and the general public. The purpose of the presentation is to educate and assist New Mexicans regarding the importance of transparency and compliance, as well as the rights of the public under New Mexicos Sunshine Laws, the Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA). Ohio's Open Meetings Act (Ohio Revised Code Section 121.22) requires the board to conduct that business in an open meeting that the public may attend and observe. MEDICAL BOARD OR MEDICAL COMMITTEE. The OMA requires public bodies to give advance notice of public meetings, to make all decisions at meetings open to the public, and to keep minutes of each meeting, which are public records open to public inspection. 551.144. WATER DISTRICTS. Sec. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 2, eff. Sec. Code 4910 (a); See also " No Action Without a Meeting .") 15, eff. OPEN MEETINGS REQUIRED BY CHARTER. Sec. 87 (S.B. Sch. 2, eff. 190, Sec. Tenn. Code Ann. What is the Open Meetings Act? (f) The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference call must be clearly stated before the party speaks. Emergency Meetings or Emergency Additions to the Agenda Posted for 1 hour before the meeting is convened Special Notice to news media of emergency By telephone, facsimile or electronic mail at least 1 hour before 551.041; 551.0411; 551.0415;551.042; 551.045 Posting requirements Shall post notice of each meeting on a bulletin board Sec. 1969), Sec. 312, Sec. Closed Session 21 s A. OPEN MEETINGS REQUIREMENT. Sept. 1, 1993. Florida Statute 286.011, the Government-in-the-Sunshine Law, requires that all meetings of state or local governmental boards or commissions be open to the public unless there is a specific statutory exemption. Added by Acts 1993, 73rd Leg., ch. 1613), Sec. posting requirements in the event of an emergency, which is . The Washington Open Public Meetings Act (OPMA), codified in chapter 42.30 RCW, requires that all meetings of governing bodies of public agencies, including cities, counties, and special purpose districts, be open to the public. 2313), Sec. INTERNET BROADCAST OF OPEN MEETING. ( Civ. STATE GOVERNMENTAL BODY: NOTICE TO SECRETARY OF STATE; PLACE OF POSTING NOTICE. 3, eff. For expiration of this section, see Subsection (e). Why is the law's coverage limited in this way? 380 (S.B. 551.046. Acts 2009, 81st Leg., R.S., Ch. 462 (S.B. The recording shall be made available to the public. the public body can post the notice at the main entrance visible on the outside of In addition, a meeting held by video conference call shall: (1) be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) be recorded by audio and video; and. 76, Sec. Sept. 1, 1993. 551.131. (1) "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter. 29 Del. C. 10004 (e) (2) District of Columbia. If the governmental body is unable to convene the open meeting within those 72 hours, the governmental body may subsequently convene the meeting only if the governmental body gives written notice of the meeting as required by this subchapter. Sec. May 27, 2003. 32, eff. (3) the communication is displayed in real time and displayed on the online message board or similar Internet application for no less than 30 days after the communication is first posted. Added by Acts 2019, 86th Leg., R.S., Ch. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. (2) agreed to reimburse the governmental body for the cost of providing the special notice. Amended by Acts 1999, 76th Leg., ch. (c) A meeting held by telephone conference call authorized by this section may be held only if: (1) the meeting is a special called meeting and immediate action is required; and. 87 (S.B. BOARD OF TRUSTEES OF TEACHER RETIREMENT SYSTEM OF TEXAS: QUORUM PRESENT AT ONE LOCATION. 1377 (S.B. June 14, 2013. Sept. 1, 1999. January 1, 2006. 7, Sec. 1640), Sec. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. Acts 2013, 83rd Leg., R.S., Ch. (e) The training required by this section may be used to satisfy any corresponding training requirements concerning this chapter or open meetings required by law for the members of a governmental body. CERTIFIED AGENDA OR RECORDING REQUIRED. June 14, 2013. 551.141. Special Meetings 20 3. (8) "Videoconference call" means a communication conducted between two or more persons in which one or more of the participants communicate with the other participants through duplex audio and video signals transmitted over a telephone network, a data network, or the Internet. (d) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location where the quorum is present and shall be recorded. 1, eff. 36 (S.B. The public notice for a rescheduled regular or a special meeting of a public body, shall state the (1) date, (2) time, and (3) place of the meeting. For a meeting of the Texas Higher Education Coordinating Board, the notice must specify as the location of the meeting a suitable conference or meeting room at the offices of the Texas Higher Education Coordinating Board or at an institution of higher education. Sec. 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