In no event shall a communication or posting to the online message board or similar Internet application be construed to be an action of the governmental body. See the Events page for upcoming Sunshine Laws Training Sessions. May 18, 2013. Acts 2007, 80th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Minutes shall include, but need not be limited to: (1) the date, time and place of the meeting; 1201 (S.B. 551.086 by Acts 2001, 77th Leg., ch. 3, eff. September 1, 2017. The face of each participant in the videoconference call, while that participant is speaking, shall be clearly visible, and the voice audible, to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the physical location described by Subsection (e) and at any other location of the meeting that is open to the public. Acts 2011, 82nd Leg., R.S., Ch. This law guarantees that Alabama's citizens have open access to agencies, boards, commissions, and other governmental bodies which conduct the people's business. 538 (S.B. Public notice requirements - a meeting of a public body cannot be held unless public notice is given consistent with the . DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. (2) the governing board of an institution of higher education. 551.075. 622, Sec. RECORDING OF MEETING BY PERSON IN ATTENDANCE. 104 (S.B. Sec. This pamphlet concerns the provisions of the Ralph M. Brown Act, which govern open meetings for local government bodies. (3) may grant legal or equitable relief it considers appropriate, including an order that the governmental body make available to the public the certified agenda or recording of any part of a meeting that was required to be open under this chapter. Sept. 1, 1995. (c) It is an affirmative defense to prosecution under Subsection (a) that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body. 1, eff. Open Meetings Act, with the exception of meetings of a Working Group. (g) A member of a governing board of a junior college district who participates in a board meeting by telephone conference call but is not physically present at the location of the meeting is considered to be absent from the meeting for purposes of Section 130.0845, Education Code. This chapter does not require an agency financed entirely by federal money to conduct an open meeting. PUBLIC TESTIMONY. (b) A governmental body may adopt reasonable rules to maintain order at a meeting, including rules relating to: (1) the location of recording equipment; and. 645 (S.B. (a) This chapter does not require the governing board of a municipal hospital, municipal hospital authority, county hospital, county hospital authority, hospital district created under general or special law, or nonprofit health maintenance organization created under Section 534.101, Health and Safety Code, to conduct an open meeting to deliberate: (1) pricing or financial planning information relating to a bid or negotiation for the arrangement or provision of services or product lines to another person if disclosure of the information would give advantage to competitors of the hospital, hospital district, or nonprofit health maintenance organization; or. Sec. 471), Sec. Pre-registration shall be received by the board office staff at least four calendar days prior to the posted meeting date of the presentation. 659, Sec. This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity. A Guide to the New Jersey Sunshine Law. Sept. 1, 1999. (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. Sec. EXCEPTION TO GENERAL RULE: GOVERNMENTAL BODY WITH STATEWIDE JURISDICTION. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th Leg., ch. Sec. 5.01(a), eff. September 1, 2009. 551.126. GOVERNING BOARD OF CERTAIN PROVIDERS OF HEALTH CARE SERVICES. 307 Executive Sessions 25 O.S. There are other ways citizens may share their opinions, such as speaking to government officials outside of the meeting, sending letters, or writing emails. Public notice shall be posted at least 18 hours before the meeting in a prominent and conspicuous place at public body's principal office. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. 10, eff. 1, eff. ACTION VOIDABLE. 1, eff. (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. 551.080. Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. June 14, 2013. Ordinances, rules, resolutions, regulations, etc., adopted at public meetings Notice Secret voting prohibited. May 23, 2015. (b) The attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature is not considered to be a meeting of that governmental body if the deliberations at the meeting by the members of that governmental body consist only of publicly testifying at the meeting, publicly commenting at the meeting, and publicly responding at the meeting to a question asked by a member of the legislative committee or agency. (b) In addition to the other place at which notice is required to be posted by this subchapter, the following governmental bodies and economic development corporations must also concurrently post notice of a meeting on the Internet website of the governmental body or economic development corporation: (4) the governing body of a junior college or junior college district, including a college or district that has changed its name in accordance with Chapter 130, Education Code; (5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code); (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code; and. (2) an accessible link to the archived recording of each such meeting. 3.10, eff. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 1830), Sec. HIGHER EDUCATION COORDINATING BOARD. (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. Amended by Acts 1999, 76th Leg., ch. (iii) was incorporated before January 1, 2006. 551.054. 551.044. (2) an agenda item listed on a notice of the meeting before the supplemental notice was posted. (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. (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. 1, eff. VIDEOCONFERENCE CALL. June 20, 2003. (b) The governing body of the association, a committee of the association, and members of the governing body or of a committee of the association are subject to this chapter in the same manner as the governing body of a governmental body, a committee of a governmental body, and members of the governing body or of a committee of the governmental body. 551.0745. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or. Added by Acts 2013, 83rd Leg., R.S., Ch. (a) A state governmental body shall provide notice of each meeting to the secretary of state. 105 (S.B. 305 Recording of Votes 25 O.S. REGULAR MEETING POSTING REQUIREMENTS Public bodies which have a regular meeting schedule This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or. Amended by Acts 1999, 76th Leg., ch. Sec. 551.0501. NOTICE OF MEETING REQUIRED. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 551.079. 314 Violations Misdemeanor Penalty, Oklahoma Department of Libraries MEETING NOTICE REQUIREMENTS IN CERTAIN CIRCUMSTANCES. Supp. 1, eff. 3, eff. For expiration of this section, see Subsection (e). 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. Added by Acts 1995, 74th Leg., ch. 4, eff. 87 (S.B. Added by Acts 1993, 73rd Leg., ch. 1147 (H.B. 307.1 Videoconference Exceptions (f) Nothing in this section is intended to preclude the application of the enforcement and remedies provisions of Subchapter G. Added by Acts 1999, 76th Leg., ch. 268, Sec. June 14, 2013. 2018), Sec. September 1, 2007. WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE TO PUBLIC. (a) Except as otherwise provided by this section, this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call. Sept. 1, 1999. 471), Sec. MINUTES AND RECORDINGS OF OPEN MEETING: PUBLIC RECORD. This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) security assessments or deployments relating to information resources technology; (2) network security information as described by Section 2059.055(b); or. Acts 2013, 83rd Leg., R.S., Ch. 1236 (S.B. (e) The notice of a meeting to be held by videoconference call must specify as a location of the meeting the location where a quorum of the governmental body will be physically present and specify the intent to have a quorum present at that location, except that the notice of a meeting to be held by videoconference call under Subsection (c) must specify as a location of the meeting the location where the member of the governmental body presiding over the meeting will be physically present and specify the intent to have the member of the governmental body presiding over the meeting present at that location. (b) An offense under Subsection (a) is a misdemeanor punishable by: (1) a fine of not less than $100 or more than $500; (2) confinement in the county jail for not less than one month or more than six months; or. 12, eff. 1, eff. SCHOOL DISTRICT: SPECIAL NOTICE TO NEWS MEDIA. (g) A certificate of course completion is admissible as evidence in a criminal prosecution under this chapter. 11, eff. 25.071, eff. (2) a matter that includes a consideration of information in the medical or psychiatric records of an individual applicant for a benefit from the plan. Section 1232g), as amended. 87 (S.B. (b) Directory information about a public school student is considered to be personally identifiable information about the student for purposes of Subsection (a) only if a parent or guardian of the student, or the student if the student has attained 18 years of age, has informed the school board, the school district, or a school in the school district that the directory information should not be released without prior consent. (A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or. 2, eff. 551.0411. 551.076. Added by Acts 2001, 77th Leg., ch. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES; DISCIPLINARY MATTER OR COMPLAINT. 8, eff. Open Government Hotline (512) 478-6736 Toll Free: (877) 673-6839 Public Information Act Handbook Download the Public Information Act Handbook (PDF) The recording shall be made available to the public. 3, eff. Updated guidance on holding meetings pursuant to the Act Extending Certain COVID-19 Measures, Mass. 551.041. 551.002. 1, eff. 21.001(26), eff. INQUIRY MADE AT MEETING. Renumbered from Sec. 551.102. (b) The notice shall be by telephone, facsimile transmission, or electronic mail. The OMA declares that it is the intent of the Act that public bodies take action (vote) in open meetings, and that public bodies deliberateopenly. 551.125. 1548), Sec. 5.02(a), eff. Acts 2013, 83rd Leg., R.S., Ch. 361 (S.B. (b) On written request of a district resident made to the district not later than the third day before a public hearing to consider the adoption of an ad valorem tax rate, the district shall make an audio recording of reasonable quality of the hearing and provide the recording to the resident in an electronic format not later than the fifth business day after the date of the hearing. Sec. 2978), Sec. 307.1 Videoconference Exceptions, 25 O.S. (c) A rule adopted under Subsection (b) may not prevent or unreasonably impair a person from exercising a right granted under Subsection (a). (1) the Texas Department of Insurance, as regards proceedings and activities under Title 5, Labor Code, of the department, the commissioner of insurance, or the commissioner of workers' compensation; or. 551.077. AN ACT to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts. (2) maintain the archived recording on the Internet for not less than two years after the date the recording was first made available. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. ATTENDANCE BY GOVERNMENTAL BODY AT LEGISLATIVE COMMITTEE OR AGENCY MEETING. 551.086 by Acts 2001, 77th Leg., ch. 551.0821. 1, eff. Committees that are appointed by the June 17, 2011. Do you have a compliance guide for the Open Meetings Act? The office of the attorney general may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity. (a) The governing body of a water district or other district or political subdivision that extends into four or more counties shall: (1) post notice of each meeting at a place convenient to the public in the administrative office of the district or political subdivision; (2) provide notice of each meeting to the secretary of state; and. This article shall be known and may be cited as the Common Interest Development Open Meeting Act. 1613), Sec. (A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members; (B) a county commissioners court in the state; (C) a municipal governing body in the state; (D) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality; (E) a school district board of trustees; (H) the governing board of a special district created by law; (I) a local workforce development board created under Section 2308.253; (J) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; (K) a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code; (L) a joint board created under Section 22.074, Transportation Code; and. (3) the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices. 1046, Sec. (2) to hear a complaint or charge against an officer or employee. May 18, 2013. The Open Meetings Act contains more than 25 exceptions to the requirement that meetings be open. CERTIFIED AGENDA OR RECORDING; PRESERVATION; DISCLOSURE. The recording shall be made available to the public. May 18, 2013. The Office of the New Mexico Attorney General regularly conducts educational presentations on these Sunshine Laws throughout the state. Acts 2013, 83rd Leg., R.S., Ch. (d) A recording made under Subsection (a) must include announcements by the presiding officer at the beginning and the end of the meeting indicating the date and time. (1) state the subject of each deliberation; and. PERSONNEL MATTERS; CLOSED MEETING. (f) Each part of the telephone conference call meeting that is required to be open to the public must be: (1) audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) broadcast over the Internet in the manner prescribed by Section 551.128; and. 306 Vote by Electronic or Telephonic Communications, 25 O.S. June 10, 2019. DEFINITIONS. 14, eff. (a) In this section, "water district" means a river authority, groundwater conservation district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. (b) This section applies only to a water district whose territory includes land in three or more counties. 1, eff. JOINT BOARD: PLACE OF POSTING NOTICE. SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN. (c) This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined by Section 552.133. All votes at any meeting shall be taken in public after due notice of the meeting and compliance with the posting and agenda requirements of this chapter. (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. 1499), Sec. 76, Sec. (b) An emergency or an urgent public necessity exists only if immediate action is required of a governmental body because of: (1) an imminent threat to public health and safety, including a threat described by Subdivision (2) if imminent; or. COMMISSIONERS COURTS: DELIBERATION REGARDING DISASTER OR EMERGENCY. 268, Sec. Added by Acts 2003, 78th Leg., ch. Sec. (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or. Notable exemptions to this definition include: employment search committees for executive positions. 14, eff. (e) This section expires September 1, 2027. (2) if the property owners' association: (A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and. June 4, 2001. 551.1281. Sept. 1, 1993. 1420, Sec. Sept. 1, 1999. 1, eff. 551.056. The governmental body may continue the meeting only if a quorum of the body remains present at the meeting location or, if applicable, continues to participate in a meeting conducted under Subsection (c). 200 NE 18 Street Sec. September 1, 2007. 1640), Sec. June 14, 2013. 3827), Sec. Acts 2007, 80th Leg., R.S., Ch. The online message board or similar Internet application must be owned or controlled by the governmental body, prominently displayed on the governmental body's primary Internet web page, and no more than one click away from the governmental body's primary Internet web page. (b) Notwithstanding Section 551.103(a), the commission must make a recording of the proceedings of a closed meeting held under this section. 265 (H.B. Dist., 572 S.W.3d 294 9.012, eff. Sec. (1) a statement of the subject matter of each deliberation; (2) a record of any further action taken; and. (e) A governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program, or service. 1, eff. If you are interested in a virtual training, please send an email to roadshows@nmag.gov with your contact information. 471), Sec. This manual only addresses the Maryland Open Meetings Act, 3-101 through 3-501 of the General Provisions Article of the Maryland Code. September 1, 2013. 1, eff. HTML PDF. (b) In litigation in a district court involving an alleged violation of this chapter, the court: (1) is entitled to make an in camera inspection of the certified agenda or recording; (2) may admit all or part of the certified agenda or recording as evidence, on entry of a final judgment; and. Sept. 1, 1993. 2414), Sec. 310 Executive Sessions, Legislative Committee Members Attending, 25 O.S. 1, eff. 31), Sec. September 1, 2005. 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. Schedule of regular meetings Publication in state register Notice of change "Regular . 7), Sec. (a) In this section, "electronic bulletin board" means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. (a) The board shall not take action on any item of business outside of a board meeting. 1, eff. 1, eff. Added by Acts 2019, 86th Leg., R.S., Ch. (b) A governmental body may have no more than one online message board or similar Internet application to be used for the purposes described in Subsection (a). (3) an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time. (b) Notwithstanding Section 551.103(a), Government Code, the commissioners court must make a recording of the proceedings of a closed meeting to deliberate the information. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or. Why is the law's coverage limited in this way? 455 (S.B. (b)(1) Except as otherwise provided by law, all meetings shall be open to the public. 3.07, eff. The Open Meetings Act contains more than 25 exceptions to the requirement that meetings be open. (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. 84-1407 through 84-1414 (2014, Cum. 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. 2840), Sec. 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