Note: This page covers information specific to California. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

California law provides you with a right of access to the meetings of a large number of government bodies at the state and local level. There are two separate statutes providing the right of access to meetings: the Bagley-Keene Act (full text) and the Brown Act (full text). Together, these two Acts permit any member of the public to attend any meeting of a "state body" or a "legislative body of a local agency," subject to specific exceptions. They also entitle you to receive advance notice of the meetings and to inspect and copy meeting minutes.

The material below gives a broad outline of some important aspects of California open meetings laws. For more details, consult The Reporters Committee for Freedom of the Press's Open Government Guide: California. In addition, the California Attorney General's office has published two useful guides on California open meetings laws: A Handy Guide to the Bagley-Keene Open Meeting Act and The Brown Act: Open Meetings for Local Legislative Bodies.

What Meetings are Covered?

What Government Bodies Are Covered?

One California open meetings law, the Bagley-Keene Act, applies at the state government level. Specifically, it applies to the meetings of a "state body." A "state body" refers to state boards, state commissions, and similar multi-member bodies of state government that are required to hold official meetings. These state bodies include executive agencies like the California State Board of Equalization. A comprehensive list of these agencies is available at California's State Agencies Directory. The term "state body" also applies to committees, boards, and commissions who exercise authority delegated to it by a "state body" (as defined above), and to advisory committees or groups if they are created by formal action of a state body and have more than three members. The term may also apply to a board, commission, or agency that appears to be private or non-governmental in nature, if it receives funds provided by a "state body" and includes a member of a state body serving in his or her official capacity.

The second California open meetings law, the Brown Act, applies at the local government level. Specifically, it applies to the meetings of a "legislative body of a local agency." The term "local agency" includes all cities, counties, school districts, municipal corporations, special districts, and all other local public entities. The term "legislative body" refers to the governing bodies of these local agencies, such as a county board of supervisors, the board of a public works agency, a city council, or a local school board. A number of other government and semi-private bodies may fit into the category of "legislative body of a local agency." Consult the Attorney General's guide for details.

The Bagley-Keene Act and the Brown Act do not apply to bodies of the California State Legislature. Another open meetings law governs the State Legislature and requires that meetings of either house and their committees be open to the public. The Bagley-Keene Act and the Brown Act do not apply to federal government bodies.

What is a Meeting?

In addition to determining what government bodies are covered by the open meetings laws, you'll need to figure out which of their gatherings or activities constitute a "meeting" for purposes of the law (and therefore must be open to the public).

For state bodies, the Bagley-Keene Act defines a meeting as "any congregation of a majority of the members of a state body at the same time and place to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the state body to which it pertains." For legislative bodies of local agencies, the Brown Act defines a meeting as "any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains." Ordinarily, a meeting involves some sort of action taken by the public body (resolutions passed, decisions made, etc.), but the term "meeting" applies to deliberations and information-gathering or fact-finding sessions as well. These definitions of meeting are broad and include any gathering of a majority of members in order to discuss and carry out the body's public business. It would not include purely social and ceremonial gatherings, nor would it likely apply to an academic conference or similar event that a majority of members happened to attend.

A meeting may take place by teleconference (either audio only or both audio and video), but the meeting must (1) comply with all of the other requirements of the open meetings laws (e.g., notice requirements); (2) be audible to the public at the location specified in the notice of the open meeting; (3) have at least one member of the government body physically present at the location specified in the notice of the meeting.

The Brown Act specifically prohibits members of legislative bodies of local agencies from using the telephone, email, or other electronic communications to make group decisions without holding formal meetings (thereby circumventing the public right of access). While the Bagley-Keene Act has no similar provision, a court would likely find a violation of that Act as well, if a member of the public established that a state body was purposefully circumventing open meetings requirements by making decisions via email or other electronic means.

What Are Your Rights?

Attending Meetings

The California open meetings laws give you the right to attend the meetings of state bodies and the legislative bodies of local agencies, with an exception for closed meetings and sessions discussed below. California law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend a meeting that falls under the requirements of the Bagley-Keene Act and the Brown Act.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, California open meetings laws require covered government bodies to post notice of their regular meetings in a publicly accessible place and to mail notice to those persons who have specifically requested notice.

State bodies covered by the Bagley-Keene Act must post notice of their meetings on the Internet at least 10 days beforehand. They must also mail notice to anyone who has requested notice in writing (this appears to be free). The notice must give you the time, date, location of the meeting, and the name, address, and phone number of a person who can provide further information before the meeting. It also must contain a specific agenda for the meeting, including a brief description of items to be discussed.

Legislative bodies of local agencies covered by the Brown Act must post an agenda for their meetings in a place that is freely accessible to members of the public at least seventy-two hours beforehand. It also requires the legislative body to mail a copy of the agenda to anyone who has requested notice in writing. The body may charge a fee for mailing notice, but the fee cannot exceed the actual cost of the service.

The open meetings laws also provide for "special" and "emergency" meetings under specified circumstances. Different notice requirements apply to those kinds of meetings. For details, see the Open Government Guide: California.

Minutes, Recordings, and Documents

You have a right to obtain copies of the minutes of open meetings under the California Public Records Act. The governmental body from which you request minutes may charge a fee or deposit. Additionally, you are entitled to inspect any writing or document distributed to members during a meeting. If a document was prepared by the governmental body itself, you are entitled to inspect it at the time of the meeting. If a document was prepared by someone else, you are entitled to inspect it after the meeting.

Governmental bodies may, but need not, make audio recordings of their meetings. If the body chooses to record its meetings, those recordings are public records, just like ordinary minutes.

You are not entitled to copies of the minutes or recordings of closed sessions or meetings (discussed below), unless you can prove to a court that a closed session was held in violation of the open meetings laws or that discussion in a closed session strayed from the topics listed in the agenda.

For information on your ability to use recording devices at public meetings, see California Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that state bodies and legislative bodies of local agencies must hold their meetings open to the public. They may exclude members of the public from their meetings only if they identity a specific statutory exemption and meet other procedural requirements.

Under the Bagley-Keene Act, a state body may hold a closed session when it is dealing with one of twenty-eight subject-area exemptions listed in Cal. Gov't Code § 11126 (scroll down). If the state body is dealing with one of these enumerated subject areas, then it must also meet the following procedural requirements:

• The state body must hold the closed session as part of a regular or special meeting.
• During the regular or special meeting, the body must disclose the nature of the items to be discussed in closed session (before the closed session takes place).
• The state body must provide advance notice (ten days) to the public of its intention to hold a closed session.
• This notice must contain a specific agenda for the closed session, describing in general terms the items of business to be discussed, and a citation to the specific statutory authority under which the body claims an exemption from the open meetings laws.

Under the Brown Act, a legislative body of a local agency may hold a closed session or meeting when it is dealing with one of thirteen subject-area exemptions found in Cal. Gov't Code §§ 54956.7 - 54957.8 (scroll down). If the legislative body is dealing with one of these enumerated subject areas, then it must also meet the following procedural requirements:

• The legislative body must disclose in an open meeting prior to the closed meeting or session the nature of the items to be discussed.
• The legislative body must post an agenda for the closed meeting or session at least seventy-two hours beforehand. The agenda must describe the items to be discussed in a general way, but need not invoke the specific statutory authority under which the body claims an exemption from the open meetings laws.

Note that these exemptions permit a government bodies to close a meeting; they do not require these bodies to do so. For more details on exemptions, be sure to check out the Open Government Guide: California, A Handy Guide to the Bagley-Keene Open Meeting Act, and The Brown Act: Open Meetings for Local Legislative Bodies.

What Are Your Remedies If You Are Denied Access?

In California, any member of the public may file a lawsuit in California state court for violations of the open records laws. If you win such a lawsuit, you can obtain a court order prohibiting a government body from violating the open meetings laws in the future. For example, a court might order a government body to allow you to attend meetings from which it had previously excluded you. You can also obtain a declaration that past government actions violated the open meetings laws and have the court invalidate past actions taken in violation of those laws. A court may award you attorneys' fees if you prevail in a lawsuit.

If you want to bring a lawsuit to invalidate the action of a local agency, you generally must make a written demand on that agency within ninety days of the meeting in question. You must do this within thirty days when the action you are complaining about took place in an open session but was not listed on the noticed agenda. If the local agency fails to cure the problem within thirty days of receiving your demand, then you may file suit. If you want to invalidate the action of a state body, you must file suit within ninety days of the decision or action you are challenging. Note: these time limits and the demand requirement only apply if you want to have past agency action invalidated; if you just want an order prohibiting future violations, you do not have to satisfy these requirements.

However, a lawsuit usually is a slow and expensive solution, so it is generally better to resolve a dispute without going to court. In the event that you are denied access to a meeting, you should contact the government body in question and indicate that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the governmental body continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

For additional details on your legal remedies under the California open meetings laws, see A Handy Guide to the Bagley-Keene Open Meeting Act and The Brown Act: Open Meetings for Local Legislative Bodies.

Note: This page covers information specific to Florida. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Florida Constitution and the Florida Sunshine Law (full text) provide the public with a right of access to the meetings of a large number of government bodies at the state and local level. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. Florida's law relating to open meetings is unusually complex. You should consult the Florida Attorney General's Government-in-the-Sunshine Manual and the Reporters Committee for Freedom of the Press's Open Government Guide: Florida for detailed information.

What Meetings are Covered?

What Government Bodies Are Covered?

The Florida Sunshine Law covers any "public collegial body." The law defines "public collegial body" as: "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision." Fla. Stat. § 286.011. In addition, the Florida Constitution's open meetings provision applies to the meetings of "any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district." Fla. Const. art. I, § 24(b). The word "collegial" means having more than one member.

The coverage of these two provisions is extremely broad. According to an FAQ published by the Florida Attorney General, "[v]irtually all state and local collegial [i.e., multi-member] public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which has its own constitutional provision relating to access." The State Commissions and Boards page on the Florida Government Information Locator lists many of the state boards and commissions covered by the law. On the local level, the Sunshine Act covers county and city commissions, school boards, and planning and zoning boards, among other things. It does not apply to federal government bodies.

For more information on what government agencies are covered, see the Open Government Guide: Florida and the Brechner Center's Citizen's Guide to Government in the Sunshine.

What is a Meeting?

In addition to determining what government bodies are covered by Florida law, you'll need to figure out which of their gatherings or activities constitute an "meeting" for purposes of the law (and therefore must be open to the public). Under the Florida Sunshine Law, a "meeting" is any gathering of two or more members of a public body to discuss or take action regarding official business or policy. The term also applies to information-gathering and fact-finding sessions called by the public body. According to the Attorney General, "[t]he law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission."

Telephone conversations and email between members of a board, commission, or other multi-member public body may qualify as a "meeting" under the law. If members use telephonic or electronic communication simply to communicate factual information and do not exchange comments and views on subjects requiring group action, however, then the open meetings requirements do not apply. See Fla. Stat. § 286.011

What Are Your Rights?

Attending Meetings

The Florida Constitution and Sunshine Act give "the public" the right to attend the meetings of public collegial bodies, with exceptions for closed meetings discussed below. Florida law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend.

Florida law also recognizes a public right to comment during open meetings, but the public body holding the meeting may adopt reasonable rules and regulations to ensure the orderly conduct of meetings.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Florida law requires covered boards, commissions, and other multi-member public bodies to give "reasonable notice" of their meetings to the public and the press. The law does not set out a specific time in advance before which a public body must give notice. Any amount of time will do if it is reasonable under the circumstances. The notice generally should include the time and place of the meeting and an agenda of the items to be discussed. The appropriate method of giving notice depends on the circumstances. In some instances, posting notice on a website or issuing a press release may be sufficient, but publication in local newspapers of general circulation may be required for matters of great public concern. You should check the websites of the Florida public bodies that you are interested in for notices and contact them to see if you can sign up for a mailing list or other targeted mechanism for delivering notice.

Minutes and Recordings

The Florida Sunshine Act requires public collegial bodies to record minutes of their meetings and to make them available to the public for inspection and copying. They may, but need not, make audio recordings of their meetings. If a public body chooses to do so, however, the sound recording is a public record that you can access just like ordinary minutes.

For information on your ability to use recording devices at public meetings, see Florida Recording Law.

An Exception: Closed Meetings or Sessions

Under Florida law, a public body may hold a closed meeting or session when it is dealing with certain subject areas, for which the State Legislature has provided exemptions to the open-meetings requirements. Some exceptions include meetings with a public body's attorney over pending litigation, strategy discussions between a government body and its chief executive officer prior to collective bargaining negotiations, certain hearings involving minors, and meetings involving probable cause determinations or considering confidential records. Unfortunately, the state legislature has passed over two-hundred exemptions and they are not located in one specific statutory provision. For more information on these exemptions, see the Citizen's Guide to Government in the Sunshine and the Government-in-the-Sunshine Manual.

What Are Your Remedies If You Are Denied Access?

If you know in advance that a meeting will be closed, and you believe that closure would violate the Florida Sunshine Law or Florida Constitution, you should make a written demand for access on the chairperson of the public body or its attorney. The demand should remind the public body of its obligations under the open meetings laws and ask it to identify the statutory exception it is relying on to close the meeting. If the public body refuses your demand for access, you can sue in state circuit court. If you are successful, a court may order the public body to make the meeting in question open to the public.

You may also sue to have a court invalidate past actions of public bodies taken in violation of the open meetings laws. The State Attorney's Office in the relevant judicial circuit can provide you some assistance if you choose to pursue litigation, although it will not handle your case. If you decide to sue, there may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation. If you win in a lawsuit against a public body for violation of the Sunshine Law, you can recover your attorneys' fees. On the other hand, if a court finds that your lawsuit is frivolous (i.e., has absolutely no legal merit) or was filed in bad faith, then it may force you to pay the attorneys' fees of the public body. This would not happen unless your legal claim were utterly and obviously without any merit.

If you show up at a meeting and the public body tries to exclude you from it, you do not have time to get a court order. On page twelve of its Citizen's Guide to Government in the Sunshine, the Brechner Center provides a useful script that may keep you from being excluded:

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. If I am ordered to leave (or forbidden to enter) this meeting, I ask that you advise me of the statutory authority for your action. Otherwise, I must insist on my right to attend this meeting.

If the public body in question still insists on excluding you, you have no choice but to leave in an orderly fashion. You may then consider filing a lawsuit.

Note: This page covers information specific to Georgia. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Georgia Open Meetings Act provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in Georgia. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about Georgia open meetings law, please consult the Georgia Attorney General's Sunshine Law Citizen's Guide to Open Government and the Reporters Committee for Freedom of the Press's Open Government Guide: Georgia.

What Meetings are Covered?

What Government Bodies Are Covered?

The Georgia Open Meetings Act covers the meetings of "the governing body of an agency" and committees created by its members. The term “agency” includes the following:

• Every state department, agency, board, bureau, commission, public corporation, and authority;
• Every county, municipal corporation, school district and other political subdivision;
• Every department, agency, board, bureau, commission, authority and similar body of each county, municipal corporation or other political subdivision of the state;
• Every city, county, regional or other authority established pursuant to state law; and;
• Non-profit organizations that receive more than one-third of their funds from a direct allocation of state funds from the governing authority of an agency.

Some examples of "governing bodies of agencies" covered by the Open Meetings Act include state boards and commissions (such as the State Board of Medical Examiners and the Soil and Water Conservation Commission), county commissions, regional development authorities, school boards, library boards, hospital authorities, planning commissions, zoning boards, boards of trustees of public universities, and non-profit corporations operating public hospitals. For additional details on government bodies covered by the Open Meetings Act, see the Open Government Guide: Georgia.

The Georgia Open Meetings Act does not apply to federal government bodies.

What is a Meeting?

In addition to determining what government bodies are covered by Georgia law, you'll need to figure out which of their gatherings or activities constitute a "meeting" for purposes of the law (and therefore must be open to the public). Under the Georgia Open Meetings Act, a "meeting" is any gathering of a quorum of members of a governing body of an agency (defined above) to discuss or take action regarding official business or policy. The term also applies to information-gathering and fact-finding sessions called by these bodies where a quorum of members are present and the session relates to the body's public business.

Governing bodies may hold meetings by by written, telephonic, electronic, wireless, or other virtual means. However, these electronic meetings must be open to the public and are subject to the notice requirements outlined below. While the law is not certain on this point, it appears that email communications between members of a governing body may constitute a "meeting."

What Are Your Rights?

Attending Meetings

The Georgia Open Meetings Act give "the public" the right to attend the meetings of governing bodies of agencies, with exceptions for closed meetings discussed below. Georgia law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend.

It is unclear whether your right to attend public meetings includes the right to participate or comment. As a matter of practice, however, some state and local agencies give the public an opportunity to speak at meetings.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Georgia law requires governing bodies of agencies to establish a set schedule of regular meetings and to post notice of this schedule at a conspicuous location at its regular meeting place. The posted notice for regularly scheduled meetings must include dates, times, and locations for the meetings. See Ga. Code § 50-14-1(d). Governing bodies are required to post agendas for regularly scheduled meetings as far in advance as possible, but not more than two weeks beforehand. See Ga. Code § 50-14-1(e).

Governing bodies of agencies may also hold meetings besides those regularly scheduled, but they must provide notice to the public at least twenty-four hours beforehand. A governing body must post this notice at the place of its regular meetings, and it must give written or oral notice to the local newspaper where notices of sheriff's sales are published or another newspaper with greater circulation in the area. See Ga. Code § 50-14-1(d).

Minutes and Recordings

The Georgia Open Meetings Act requires governing bodies to record minutes of their meetings and to make them available to the public for inspection. The minutes must contain, at a minimum, the names of the members present at the meeting, a description of each motion or other proposal made, and a record of all votes.

For information on your ability to use recording devices at public meetings, see Georgia Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of governing bodies of agencies must be open to the public. A governing body may exclude the public from a portion of a meeting known as a "closed session" if it identifies a specific statutory exemption. Under Georgia Open Meetings Act, a governing body may hold a closed session when it is dealing with one of nine subject-area exemptions found in Ga. Code § 50-14-3. The nine exemptions are:

• staff meetings held for investigative purposes under duties or responsibilities imposed by law;
• deliberations and voting of the State Board of Pardons and Paroles;
• meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings;
• meetings when any agency is discussing the future acquisition of real estate;
• meetings of the governing authority of a public hospital or any committee thereof when discussing the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law;
• meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee;
• adoptions and proceedings related thereto;
• meetings of the board of trustees or the investment committee of any public retirement system when such board or committee is discussing matters pertaining to investment securities trading or investment portfolio positions and composition; and
• meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72, when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph, or when reviewing or discussing any security plan under consideration pursuant to paragraph (10) of subsection (a) of Code Section 15-16-10.

If a governing body is dealing with one of these exemptions, then it must also vote to close the meeting by a majority of members present and record the reason for the closure in the minutes. A governing body must keep separate minutes for closed sessions. These minutes are not made available to the public, except those portions reflecting the vote and purpose for closure. The chairperson or presiding official must also execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or closed session was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. Ga. Code § 50-14-4.

For more information on the exceptions to the open meetings requirement, see the Open Meetings section of the Attorney General's Sunshine Law Handbook and the Open Government Guide: Georgia.

What Are Your Remedies If You Are Denied Access?

If you know in advance that a meeting will be closed, and you believe that closure would violate the Georgia Open Meetings Act, you should make a written demand for access on the chairperson of the governing body or its attorney. The demand should remind the governing body of its obligations under the Open Meetings Act and ask it to identify the statutory exception it is relying on to close the meeting. If the governing body refuses your demand for access, you can sue in Georgia Superior Court. If you are successful, a court may order the governing body to make the meeting in question open to the public.

You may also sue to have a court invalidate past actions of governing bodies taken in violation of the Open Meetings Act (but only if you file suit within ninety days of the violation) or order the disclosure of minutes from an improperly closed meeting. If you decide to sue, there may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation. If you win in a lawsuit against a governing body for violation of the Open Meetings Act, a court may force the losing party to pay your attorneys' fees if it determines that the violation was "without substantial justification."

The state may also pursue criminal penalties against members of a governing body who violate the Open Meetings Act.

If you show up at a meeting and the governing body tries to exclude you from it, you do not have time to get a court order. You should remind the presiding officer (or whoever is denying you access) that Georgia Code § 50-14-1 requires that the meetings of the governing bodies of state or local agencies be open to the public unless there is a specific statutory exemption. You should insist on your right to attend unless the presiding officer can identify for you the statutory authority for closing the meeting. If the governing body still insists on excluding you, you have no choice but to leave in an orderly fashion. You may then consider filing a lawsuit.

Note: This page covers information specific to Illinois. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Illinois Open Meetings Act provides the public with a right of access to the meetings of a large number of government bodies at the state and local level. The law also entitles you to notice of these meetings and gives you the ability to inspect meeting minutes. For more detailed information about Illinois open meetings law, please consult the Illinois Attorney General's Guide to the Illinois Open Meetings Act and the Reporters Committee for Freedom of the Press's Open Government Guide: Illinois.

What Meetings are Covered?

What Government Bodies Are Covered?

The Illinois Open Meetings Act covers all "public bodies." The term "public body" includes

all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, except the General Assembly and committees or commissions thereof.

5 Ill. Comp. Stat. 120/1.02. This definition is broad, bringing in nearly all publicly-created state and local decison-making bodies. "Public body" applies to state agencies in the executive branch of state government, political subdivisions (including all their constituent boards and commissions), and municipal authorities (such as city councils). The term applies to school boards and the boards of public colleges and universities. In addition, it applies to committees and subcommittees created by "public bodies" that are supported by or expend tax revenue, or that are authorized to act for the public body or give it advice or recommendations.

The Illinois Open Meetings Act does not apply to the Illinois Senate or House of Representatives or to legislative committees or commissions. However, the Illinois Constitution requires that sessions of each house of the General Assembly and meetings of committees, joint committees, and legislative commissions be open to the public unless members vote to close by a two-thirds majority. The Illinois Open Meetings Act does not apply to the federal government bodies.

What is a Meeting?

In addition to determining what government bodies are covered by the open meetings law, you'll need to figure out which of their gatherings or activities constitute a "meeting" for purposes of the law (and therefore must be open to the public). Under the Illinois Open Meetings Law, a "meeting" is

any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business or, for a 5‑member public body, a quorum of the members of a public body held for the purpose of discussing public business.

5 Ill. Comp. Stat. 120/1.02. There are three key elements to the definition of meeting: (1) a gathering; (2) a majority of a quorum; and (3) a purpose to discuss public business.

First, a "gathering" can be conducted in-person, through a telephone conference call or video conference, or through electronic means, including email, chat, and instant messaging. Illinois is one of the first states to explicitly define a meeting to include electronic communications like email and chat. Despite this new definition, the most practical use of the Open Meetings Act for you will probably still be attending ordinary, in-person meetings.

Second, a "majority of a quorum" must be present to have a "meeting." This sounds complicated, but a "quorum" just means the number of members of a body or committee required to take formal action, which is always a majority of the entire membership of that body or committee. So, for a nine-member body, a quorum is five members, and a majority of those five members is three members. Therefore, a nine-member body can have a "meeting" when three or more members are present. For an eleven-member body, a quorum is six members, and a majority of a quorum is 4 members. Thus, an eleven-member body can have a "meeting" when 4 or more members are present. You can do the analysis for any size public body. There is one exception to this rule: for a five-member body, the full quorum of three or more members is required for a "meeting."

Third, a gathering must be held "the purpose of discussing public business" in order to be a "meeting." The "purpose" requirement means that social and ceremonial gatherings held for purposes unrelated to conducting public business generally are not covered by the Open Meetings Act. However, a social gathering may become a "meeting" if the requisite number of members start to discuss public business in a meaningful away. According to the Attorney General, the phrase "discussing public business" refers to "an exchange of views and ideas among public body members, on any item germane to the affairs of their public body." "It is not directed at casual remarks, but . . . at discussions that are deliberative in nature."

What Are Your Rights?

Attending Meetings

The Illinois Open Meetings Act give "the public" the right to attend the meetings of public bodies or their committees, with exceptions for closed meetings discussed below. Illinois law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend.

The Open Meetings Act does not create a right to comment or participate in public meetings. As a matter of practice, however, many public bodies allow for public comment, but require that an "intent to comment" form be filed with the secretary of the body.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Illinois law requires public bodies and their committees to give notice to the public of its meetings. At the beginning of each calendar or fiscal year, each body must give the public notice of the schedule of regular meetings for the year, including the dates, times, and places of the meetings. A public body must also post an agenda for each regular meeting at its principal office and at the location where the meeting is to be held at least forty-eight hours in advance. A public body with a regularly maintained website must also post the agenda of regular meetings on the site.

A public body may also hold "special meetings," which are meetings not on the regular schedule. In that event, the public body must post notice at least forty-eight hours in advance. This notice must include the agenda for the special meeting. If an emergency meeting is called for, a public body must give notice "as soon as practicable, but in any event prior to the holding of such meeting," to any news medium which has filed an annual request for notice. It is unclear whether a non-traditional journalist or other online publisher would qualify as a "news medium," but you may want to request notice in any event.

Minutes and Recordings

All public bodies and their committees must keep written minutes of open meetings and make them available to the public for inspection. If a public body has a website, it must post the minutes on the website as well. In addition, public bodies and their committees are required to keep a verbatim record of all their closed meetings in the form of an audio or video recording, but they generally do not have to make these available to the public.

For information on your ability to use recording devices at public meetings, see Illinois Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of public bodies and their committees must be open to the public, but a public body may hold a closed meeting or session if it identifies a specific statutory exemption. Under the Illinois Open Meetings Act, a public body may hold a closed meeting or session when it addresses one of twenty-four subject-area exemptions found in 5 Ill. Comp. Stat. 120/2(c), or when another state statute specifically authorizes closure. If a public body is dealing with one of these exemptions, it may hold a closed meeting or session. In order to do so, however, it must also meet the following procedural requirements:

• a majority of members must vote during an open meeting to close a meeting or portion of a meeting, and the vote of each member must be recorded in the minutes;
• the public body must record in the minutes of an open meeting the specific statutory exception upon which it is relying to close the meeting; and
• the public body must also make a verbatim recording of all closed meetings, but these recordings are not usually open to the public for inspection.

For more detailed information on the exemptions to the open-meetings requirements in Illinois, see the Guide to the Illinois Open Meetings Act and the Open Government Guide: Illinois.

What Are Your Remedies If You Are Denied Access?

If you know in advance that a meeting will be closed, and you believe that closure would violate the Illinois Open Meetings Act, you should make a written demand for access on the presiding officer of the public body or its attorney. The demand should remind the public body of its obligations under the Open Meetings Act and ask it to identify the statutory exception it is relying on to close the meeting. If the public body refuses your demand for access, you can sue in Illinois state court. If you are successful, a court may order the public body to make the meeting in question open to the public.

You may also sue to have a court invalidate past actions of public bodies taken in violation of the Open Meetings Act or order disclosure of the verbatim record of an improperly closed meeting. To bring a lawsuit challenging past action of a public body, however, you must file a lawsuit within sixty days of the agency action in question (or within sixty days of discovery that a violation took place). If you decide to sue, there may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation. If you win in a lawsuit against a public body for violation of the Open Meetings Act, a court may force the losing party to pay your attorneys' fees. On the other hand, if you lose, a court may force you to pay the attorneys' fees of the public body if it finds that your lawsuit was "frivolous or malicious" in nature. This would not happen unless your legal claim were utterly and obviously without any merit.

The state may also pursue criminal penalties against members of a public body who violate the Open Meetings Act.

If you show up at a meeting and the public body tries to exclude you from it, you do not have time to get a court order. You should remind the presiding officer (or whoever is denying you access) that the Illinois Open Meetings Act (5 Ill. Comp. Stat. 120/2) requires that the meetings of state and local public bodies and their committees be open to the public unless there is a specific statutory exemption. You should insist on your right to attend unless the presiding officer can identify for you the statutory authority for closing the meeting. If the governing body still insists on excluding you, you have no choice but to leave in an orderly fashion. You may then consider filing a lawsuit.

Note: This page covers information specific to Indiana. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Indiana Open Door Law provides the public with a right of access to the meetings of a large number of government agencies at the state and local level. The law also entitles you to notice of these meetings and gives you the ability to inspect and copy meeting memoranda. For more detailed information about Indiana open meetings law, consult the Handbook on Indiana's Public Access Laws prepared by Indiana's Public Access Counselor and the Reporters Committee for Freedom of the Press's Open Government Guide: Indiana.

What Meetings are Covered?

What Government Bodies Are Covered?

The Indiana Open Door Law covers the governing bodies of public agencies. The legal definition of "governing bodies of public agencies" is exceedingly complex. See pages six and seven of the Public Access Counselor's Handbook on Indiana's Public Access Laws for a detailed explanation. At the risk of over-simplification, the Act covers multi-member boards, commissions, councils, and committees of state and local government that take action on public business. This includes the governing boards and commissions of departments and agencies in the executive branch of state government, county boards, city councils, school boards, and the boards of trustees of public colleges and universities, among other things. It also includes the Indiana General Assembly and its committees. The Open Door Law does not apply to the federal government bodies or private organizations.

What is a Meeting?

In addition to determining what government bodies are covered by the law, you'll need to figure out which of their gatherings or activities constitute a "meeting" for purposes of the law (and therefore must be open to the public). Under the Indiana Open Door Law, a "meeting" is a gathering of a majority of the members of a governing body of a public agency for the purpose of taking official action upon agency business. The word "official action means to receive information, deliberate, make recommendations, establish policy, make decisions, or take final action. There are several examples of what meetings are and what it means to take public action set forth on pages seven and eight of the Public Access Counselor's Handbook on Indiana's Public Access Laws.

The Open Door Law lists four types of gatherings that are not considered “meetings.” A meeting does not include: (1) any social or chance gathering not intended to avoid the requirements of the Open Door law; (2) any on-site inspection of a project or program; (3) traveling to and attending meetings of organizations devoted to the betterment of government; or (4) a caucus (defined as "a gathering of members of a political party or coalition which is held for purposes of planning political strategy and holding discussions designed to prepare the members for taking official action").

What Are Your Rights?

Attending Meetings

The Indiana Open Door Law gives "the public" the right to attend the meetings of governing bodies of public agencies, with exceptions for closed sessions discussed below. Indiana law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend.

Members of the public may "observe and record" meetings, but the statute gives the public no right to speak. As a matter of practice, however, governing bodies of public agencies often allow members of the public to speak at the end of public meetings.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Indiana law requires the governing bodies of public agencies to give the public advance notice of their meetings. Governing bodies must publish notice of their regularly scheduled meetings once a year no later than forty-eight hours prior to the first meeting. The notice must contain the dates, times and locations of all meetings. The notice must be posted at the principal office of the public agency holding the meeting or, if no such office exists, at the building where the meeting is to be held. The governing body must also deliver notice by mail, email, or fax to "all news media" that submit a written request for notice annually. It is not clear whether a non-traditional journalist or other online publisher would qualify as part of the "news media," but you may want to request notice in any event. If a governing body uses an agenda, it must post the agenda at the entrance to the meeting location prior to the meeting.

If a governing body reschedules a meeting, changes the location of a meeting, or decides to hold a closed session (below), it must post and deliver notice as described above at least forty-eight hours in advance. Different notice requirements apply in emergency situations. See the Open Government Guide: Indiana for details.

The Open Door Law exempts the Indiana General Assembly from its notice requirements.

Minutes and Recordings

Governing bodies must keep "memoranda" of meetings, which are functionally similar to minutes. The memoranda must include:

• the date, time, and place of the meeting;
• the members of the governing body recorded as either present or absent;
• the general substance of all matters proposed, discussed, or decided; and
• a record of all votes taken, by individual members if there is a roll call.

Governing bodies must make these memoranda available to the public for inspection and copying. If a governing body chooses to record minutes (it is not required to do so), it must also make these minutes available to the public for inspection and copying.

For information on your ability to use recording devices at public meetings, see Indiana Public Records.

An Exception: Closed Sessions

The general rule is that the meetings of all governing bodies of public agencies meetings must be open to the public, but a governing body may hold a closed or "executive" session if it identifies a specific statutory exemption. Under the Indiana Open Door Law, a governing body may hold an executive session when it is dealing with one of thirteen subject-area exemptions found in Ind. Code § 5-14-1.5-6.1 (scroll down). The thirteen exemptions are for meetings:

• to discuss strategy with respect to collective bargaining, initiation of litigation, implementation of security systems, or the purchase or lease of real estate;
• to discuss the assessment, design, and implementation of school safety and security measures, plans, and systems;
• to carry out interviews and negotiations with industrial or commercial prospects or agents of industrial or commercial prospects (only certain governing bodies may invoke this exemption);
• to receive information about and interview prospective employees;
• to receive information about the alleged misconduct of certain individuals;
• to discuss records classified as confidential by state or federal statute;
• to discuss before a placement decision an individual student's abilities, past performance, behavior, and needs;
• to discuss a job performance evaluation of individual employees;
• to develop a list of prospective appointees for a public official position and to consider applications and make initial exclusions;
• to train school board members with an outside consultant about the performance of the role of the members as public officials;
• to prepare or score examinations used in issuing licenses, certificates, permits, or registrations;
• to discuss information and intelligence intended to prevent, mitigate, or respond to the threat of terrorism; and
• where federal or state law authorizes closure.

If the governing body is dealing with one of these exemptions, then it may hold a closed session, but it is not required to do so. In order to hold a closed session, it must also meet the following procedural requirements:

• the governing body must give public notice of the executive session at least forty-eight hours in advance, and the notice must state the time, date, and location of the session and reference the specific statutory exception justifying closure of the meeting;
• the governing body must certify by a statement in the memoranda of the executive session that it discussed no subject matter beyond that specified in the public notice; and
• no final action may be taken in executive session.

For more information on the exceptions to the open meetings requirement, see the Handbook on Indiana's Public Access Laws and the Open Government Guide: Indiana.

What Are Your Remedies If Denied Access?

If you know in advance that a meeting will be closed, and you believe that closure would violate the Indiana Open Door Law, you should make a written demand for access on the chairperson of the governing body or its attorney. The demand should remind the governing body of its obligations under the Open Door Law and ask it to identify the statutory exception it is relying on to close the meeting. If the governing body refuses your demand for access, you should contact the the Public Access Counselor, a state position created in order to provide advice and assistance to the public about Indiana's public access laws. The Access Counselor may provide you with informal advice or make a formal determination of whether the governing body in question is violating the open meetings law, but its advice and determinations are not binding on public agencies. You may also sue the governing body in Indiana state court. If you are successful, a court may order the governing body to make the meeting in question open to the public.

You may also sue to have a court invalidate past actions of a governing body taken in violation of the Open Door Law, but complicated time limits apply for those types of cases. See page eleven of the Handbook on Indiana's Public Access Laws for details. If you decide to sue, there may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation. If you win in a lawsuit against a governing body for violation of the Open Door Law, a court must award you reasonable attorneys' fees, costs, and expenses if you sought the advice of the Public Access Counselor prior to filing suit. On the other hand, if you lose, a court may force you to pay the attorneys' fees of the governing body if it finds that your lawsuit was "frivolous and vexatious" in nature. This would not happen unless your legal claim were utterly and obviously without any merit. Seeking the advice of the Public Access Counselor before filing a lawsuit would be a good way to avoid bringing a "frivolous and vexatious" case.

If you show up at a meeting and the governing body tries to exclude you from it, you do not have time to get a court order. You should remind the presiding officer (or whoever is denying you access) that Indiana Code § 5-14-1.5-3 requires that the meetings of the governing bodies of state or local agencies be open to the public unless there is a specific statutory exemption. You should insist on your right to attend unless the presiding officer can identify for you the statutory authority for closing the meeting. If the governing body still insists on excluding you, you have no choice but to leave in an orderly fashion. You should then contact the Public Access Counselor and consider filing a lawsuit.

Note: This page covers information specific to Massachusetts. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

For additional information about engaging in journalism in the Commonwealth of Massachusetts, please see our printable PDF guide Newsgathering in Massachusetts, co-produced with the Harvard Law School Cyberlaw Clinic.

The Massachusetts Open Meeting Law, Mass Gen. Laws. ch. 30A, §§ 18-25, and accompanying regulations, 940 Code of Mass. Regs. 29.00, provide the public with a right of access to the meetings of a large number of public bodies at the state and local level. Massachusetts law also gives you the ability to inspect and copy meeting minutes and imposes notice requirements on public bodies. For more detailed information on the Massachusetts Open Meeting Law, see the Massachusetts Attorney General's Open Meeting Law website.

What Meetings are Covered?

What Public Bodies Are Covered?

The Open Meeting Law applies to public bodies. This includes nearly all boards, commissions, committees, and other multi-member bodies that carry out a government function at the state, county, district, city, region, or town level in Massachusetts. However, the law specifically excludes the following things from the definition of "public body": (1) the judicial branch of state government; (2) the General Court (i.e., the state legislature) and its committees and subcommittees; (3) boards appointed by particular government officers soley to advise the officer; (4) the Board of Bank Incorporation; or (5) the Policyholders Protective Board. Covered groups include boards of selectmen, city councils, local school boards, and state boards and commissions like the Massachusetts Board of Elementary and Secondary Education and the State Ethics Committee. The law does not cover individual government officials such as a mayor or police chief. It also does not apply to federal public bodies or private organizations. See Mass Gen. Laws. ch. 30A, § 18.

What is a Meeting?

In addition to determining what public bodies are covered by Massachusetts law, you'll need to figure out which of their gatherings or activities constitute an "meeting" for purposes of the law (and therefore must be open to the public). The Open Meeting Law applies to every gathering of a quorum of a public body where attending members discuss or consider official business within the scope of their official authority. A "quorum" means a simple majority of members of the public body, unless provided otherwise for a particular public body by law or executive order. For example, if a city council has seven members, a "meeting" takes place whenever four or more council members congregate to deal with city council business.

The Open Meeting Law does not apply to:

(a) an on-site inspection of a project or program by members of a public body, so long as the members do not deliberate;

(b) attendance by a quorum of a public body at a public or private gathering, including a conference or training program or a media, social or other event, so long as the members do not deliberate;

(c) attendance by a quorum of a public body at a meeting of another public body that has complied with the notice requirements of the open meeting law, so long as the visiting members communicate only by open participation in the meeting on those matters under discussion by the host body and do not deliberate;

(d) a meeting of a quasi-judicial board or commission held for the sole purpose of making a decision required in an adjudicatory proceeding brought before it; or

(e) a session of a town meeting which would include the attendance by a quorum of a public body at any such session.

See Mass Gen. Laws. ch. 30A, § 18.

What Are Your Rights?

Attending Meetings

The Open Meeting Law states that "all meetings of a public body shall be open to the public," with exceptions for closed sessions discussed below. Massachusetts law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend, including non-residents and non-voters.

The Open Meeting Law does not give the public a right to participate or comment during open meetings. As a matter of practice, however, public bodies often allow members of the public to comment during public meetings. No one may address a public meeting of a public body without permission of the presiding officer, and all persons must be silent upon request of the presiding officer. See Mass Gen. Laws. ch. 30A, § 20.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Massachusetts law requires public bodies to give notice to the public of its meetings. A public body must provide notice at least forty-eight hours in advance (excluding Saturdays, Sundays and holidays). The notice must contain the date, time, and place of the meeting. See Mass Gen. Laws. ch. 30A, § 20.

Notice of a meeting must be filed and posted in specific ways depending on whether the meeting is taking place at the local, regional, district, county, or state level. Specific methods of notice for each level of government are described in the Attorney General's regulations; see 940 Code of Mass. Regs. 29.03.

Minutes and Recordings

Public bodies must must record and maintain accurate minutes of their meetings, setting forth at a minimum the date, time, place, members present or absent, and action taken at each meeting. Public bodies must create and approve minutes in a timely fashion, and must make these minutes available to the public for inspection and copying within 10 days of a request by any person.

The minutes of any open session, the notes, recordings or other materials used in the preparation of such minutes and all documents and exhibits used at the session, are public records subject to the Massachusetts Public Records Law, except for (1) materials used in a performance evaluation of an individual bearing on his professional competence, provided they were not created by the members of the body for the purposes of the evaluation; and (2) materials used in deliberations about employment or appointment of individuals, including applications and supporting materials; provided, however, that any resume submitted by an applicant shall not be exempt.

An exception to the public right to access meeting minutes and related materials exist for closed meetings and sessions, as discussed below.

See Mass Gen. Laws. ch. 30A, § 22. For information on your ability to use recording devices at public meetings, see Massachusetts Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of public bodies must be open to the public. If a public body wants to hold a closed session, called an "executive session," it must identity a specific statutory exception. Under the Massachusetts Open Meeting Law, a public body may hold an executive session when it is dealing with one of ten subject-area exemptions found in Mass Gen. Laws. ch. 30A, § 21. The ten exemptions are:

1. To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual;
2. To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel;
3. To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares;
4. To discuss the deployment of security personnel or devices, or strategies with respect thereto;
5. To investigate charges of criminal misconduct or to consider the filing of criminal complaints;
6. To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body;
7. To comply with, or act under the authority of, any general or special law or federal grant-in-aid requirements;
8. To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants;
9. To meet or confer with a mediator with respect to any litigation or decision on any public business within its jurisdiction;
10. To discuss trade secrets or confidential, competitively-sensitive or other proprietary information provided in the course of activities conducted by a governmental body as an energy supplier or as a municipal aggregator, or in the course of activities conducted by a cooperative consisting of governmental entities, when such governmental body, municipal aggregator or cooperative determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling or distributing electric power and energy.

There are additional limitations on many of these exemptions, so if you believe that you have been excluded from a meeting regarding subject matter that might fall within one of the exemptions above, be sure to read the statute carefully.

Note also that these exemptions make it permissible for a public body to close a meeting, but they do not require the public body to do so. Assuming that a public body is dealing with one of these enumerated exceptions, then it may hold an executive session, but it must also meet the following procedural requirements:

• the public body must first convene in an open meeting for which notice was given;
• at this open meeting, the public body must vote by a majority of members present to go into executive session;
• prior to the vote, the presiding officer must state for the record the statutory exemption relied on to close the meeting;
• before going into executive session, the presiding officer must state whether the body will reconvene after the executive session; and
• accurate records of the executive session must be maintained, but the public body may keep these minutes confidential "as long as publication may defeat the lawful purposes of the executive session, but no longer." Mass Gen. Laws. ch. 30A, § 22.

What Are Your Remedies If You Are Denied Access?

If you believe that a public body is violating or has violated your right of access under the Open Meeting Law, you have two options under the law. See Mass Gen. Laws. ch. 30A, § 23.

Requesting help from the Attorney General:

First, you may ask the Attorney General for the Commonwealth of Massachusetts to investigate and take action on violations of the Open Meetings Law. There is a specific procedure that you must follow to pursue this option:

• You must first file a complaint with the public body that you believe violated the law within 30 days of the alleged violation. This complaint must identify the circumstances that violated the law and provide an opportunity to remedy the violation.
• The public body, within 14 days of receipt of your complaint, is required to forward the complaint to the Attorney General's office with notification of any remedial action taken in response to the complaint.
• If the public body fails to respond or if you are dissatisfied with the remedial action the public body takes, you can forward your complaint to the Attorney General's office, but no sooner than 30 days after you filed your initial complaint with the public body. However, you should not wait too long to file with the Attorney General's office, because the Attorney General may decline to investigate complaints filed more than 90 days after the alleged violation.

The Attorney General attempts to resolve complaints within a reasonable period of time, generally 90 days. After reviewing your complaint, the Attorney General will determine whether there is reasonable cause to believe that the Open Meeting Law has been violated, and if so, whether to conduct a formal investigation. The Attorney General may request additional information from you about the alleged violation.

At the conclusion of its investigation, the Attorney General's office will make findings, and where a violation has occurred, may order remedial action. If the Open Meeting Law has been violated unintentionally, then the Attorney General will resolve the investigation by informal action or by formal ruling for more significant violations. The Attorney General may order remedial action by the public body directing immediate and future compliance with the law, attendance at a training session, release of records, or other appropriate action. If the Attorney General's office seeks to reinstate an employee or nullify the action of a public body as a remedy for the violation, it will ordinarily convene a hearing to take testimony from witnesses to determine the appropriate remedy. If the Attorney General's office has reasonable cause to believe that the Open Meeting Law has been violated intentionally, it may convene a hearing to determine whether the violation was intentional, whether the public body, one or more of its members, or both, were responsible, and whether to impose on the public body a civil penalty of up to $1,000 for each violation.

Filing a lawsuit:

Instead of going through the Attorney General, you can file a lawsuit directly against the public body in state court, but you may do so only if you can organize three or more registered voters to act as plaintiffs. A lawsuit against a public body at the state level must be filed in Suffolk County Superior Court.  Lawsuits against other public bodies must be filed in the superior court for the county in which the public body acts or meets.

Special provisions encourage the speedy determination of lawsuits over open meetings violations. In any such lawsuit, the burden is on the public body to prove that their conduct was in accordance with the Open Meetings Law, except that for a court to issue a civil penalty directed at an individual, you must provide proof that the action of the public body violated the law. A public body may also avoid liability by proving that it acted in good faith compliance with the advice of its attorney in taking the challenged action. If you sue and win, you can obtain the remedies mentioned above, including an order barring future violations, disclosure of meeting minutes from improperly closed meetings, invalidation of past actions, and/or a civil penalty of not more than $1,000 per intentional violation of the law.

If you decide to sue, there may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

Note: This page covers information specific to Michigan. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Michigan Open Meetings Act provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in Michigan. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about the Michigan Open Meetings Act, consult the Michigan Legislature's helpful guide, The Michigan Open Meetings Act and Freedom of Information Act and the Reporters Committee for Freedom of the Press's Open Government Guide: Michigan.

What Meetings are Covered?

What Government Bodies Are Covered?

The Michigan Open Meetings Act covers the meetings of public bodies. The law defines a "public body" as:

Mich. Comp. Laws § 15.262(a). This broad definition includes state boards and commissions within the executive branch of state government and the state legislature and its committees. On the local level, it includes the governing bodies of all cities, villages, townships, charter townships, and county government. It also covers local school districts, boards of trustees of public colleges and universities, and special boards and commissions created by law, such as public hospital authorities, road commissions, health boards, and zoning boards. The unifying requirement is that the public body must exercise governmental authority or perform a governmental function. For this reason, it is not clear whether advisory committees that do not take final action on public business are covered by the Open Meetings Act. The Act does not apply to federal government bodies or to the judiciary.

Mich. Comp. Laws § 15.263(7) exempts certain public bodies when they are deliberating on the merits of a case:

• the Worker's Compensation Appeal Board;
• the Employment Security Board of Review;
• the State Tenure Commission
• the Michigan Public Service Commission; and
• an arbitrator or arbitration panel appointed by the Employment Relations Committee or selected under Michigan law.

Consult the Open Government Guide: Michigan for additional information on what public bodies are covered.

What is a Meeting?

In addition to determining what government bodies are covered by Michigan law, you'll need to figure out which of their gatherings or activities constitute an "meeting" for purposes of the law (and therefore must be open to the public). Under the Michigan Open Meetings Act, a "meeting" is any gathering of a quorum of members of a governmental body to discuss or take action regarding official business or policy. A quorum is a just a simple majority of the members of the public body. The term "meeting" also applies to information-gathering and fact-finding sessions called by the governmental body where a quorum of members are present and the session relates to the body's public business. The Open Meetings Act excludes a gathering that is "a social or chance gathering or conference not designed to avoid this act." Mich. Comp. Laws § 15.263(10).

Governmental bodies may hold meetings by by written, telephonic, electronic, wireless, or other virtual means. However, an electronic meeting is still subject to the notice requirements and must be held at a designated place and time. While the law is not certain on this point, it appears that email communications between members of a governmental body may constitute a meeting if they involve deliberation on public business.

What Are Your Rights?

Attending Meetings

The Michigan Open Meetings Act gives "the public" the right to attend the meetings of public bodies, with exceptions for closed sessions discussed below. Michigan law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend. A public body may not put conditions on attendance, such as requiring you to give your name or other information. See Mich. Comp. Laws § 15.263(2)-(4).

The Open Meetings Act gives you the right to speak or comment during a meeting of a public body, subject to rules established by the public body for the maintenance of order. A public body may not exclude you from an open meeting except for breach of the peace committed at the meeting. The state legislature may set rules that limit the right of comment to prescribed times at hearings and committee meetings only. See Mich. Comp. Laws § 15.263(5),(6).

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Michigan law requires public bodies to give notice of their meetings. The Open Meetings Act requires public bodies to publish notice of their regularly scheduled meetings within ten days of the first meeting in each calendar or fiscal year. The notice must contain the dates, times, and places of the public body's regular meetings, as well as the name of the public body, its telephone number if one exists, and its address. The public body must post this notice at its principal office and any other location deemed appropriate. Publishing notice through cable television is permitted. If a public body does not have a principal office, the notice should be posted in the office of the county clerk for a local public body or the office of the Secretary of State for a state public body. If the public body amends its schedule, it must post notice of the change within three days. See Mich. Comp. Laws § 15.264; Mich. Comp. Laws § 15.265(1)-(3)

Public bodies may also hold "special" meetings, which are meetings not on the regular schedule. For these meetings, they must post notice at least 18 hours before the meeting. This requirement does not apply to the special meetings of subcommittees of a public body or conference committees of the state legislature. Mich. Comp. Laws § 15.265(4).

You can request that a public body notify you by mail in advance of all noticed meetings. The public body may charge you a reasonable fee for the cost of printing and mailing. Newspapers published in the state and radio and television stations located in the state may request notice by mail for no charge. It is not clear whether non-traditional journalists and online publishers could take advantage of this no-fee notice provision. You should renew your request for notice by mail yearly in order to ensure that you continue to receive notices. See Mich. Comp. Laws § 15.266.

Minutes and Recordings

The Michigan Open Meetings Act requires public bodies to record minutes of their meetings and to make them available to the public for inspection and copying for a reasonable fee. See Mich. Comp. Laws § 15.269. Public bodies must keep separate meetings for closed sessions (below), and these minutes are not open to the public, unless a court orders them to be made publicly available. See Mich. Comp. Laws § 15.267.

For information on your ability to use recording devices at public meetings, see Michigan Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of public bodies must be open to the public. If a public body wants to hold a closed session, it must identify a specific statutory exemption. Under the Michigan Open Meetings Act, a public body may hold a closed session when it is dealing with one of ten subject-area exemptions found in Mich. Comp. Laws § 15.268. The ten exemptions are for meetings:

• to consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic personnel evaluation of, a public officer, employee, staff member, or individual agent, if the named person requests a closed hearing;

• to consider the dismissal, suspension, or disciplining of a student if the public body is part of the school district, intermediate school district, or institution of higher education that the student is attending, and if the student or the student's parent or guardian requests a closed hearing;

• to engage in strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement if either negotiating party requests a closed hearing;

• to consider the purchase or lease of real property;

• to consult with the public body's attorney regarding litigation;

• to review and consider the contents of an application for employment or appointment to a public office if the candidate requests that the application remain confidential;

• to hold partisan caucuses of members of the state legislature;

• to consider material exempt from discussion or disclosure by state or federal statute;

• to hold a "compliance conference" conducted by the Department of Commerce pursuant to state law; and

• to review the specific contents of an application, to conduct an interview with a candidate, or to discuss the specific qualifications of a candidate in the process of selecting a president of an institution of higher education, but only under certain circumstances.

The exemptions make it permissible for a public body to close a meeting, they do not require the public body to do so. To close a session, a public body must identify the exemption justifying closure and vote to close the session by a two-thirds majority on the record during an open meeting. See Mich. Comp. Laws § 15.267.

For more information on the exceptions to the Michigan open-meetings requirement, see the The Michigan Open Meetings Act and Freedom of Information Act Guide and the Open Government Guide: Michigan.

What Are Your Remedies If You Are Denied Access?

If you know in advance that a meeting will be closed, and you believe that closure would violate the Michigan Open Meetings Act, you should make a written demand for access on the chairperson of the public body or its attorney. The demand should remind the public body of its obligations under the Open Meetings Act and ask it to identify the statutory exemption it is relying on to close the meeting. If the public body refuses your demand for access, you can sue in a Michigan circuit court. If you are successful, a court may order the public body to make the meeting in question (and other future meetings) open to the public. If you win such a lawsuit, the court must award you attorneys' fees and costs for the action.

You may also sue to have a court invalidate past actions of public bodies taken in violation of the Open Meetings Act, but only if you file suit within 60 days after the approved minutes for the meeting in question became available. You can also sue to obtain disclosure of the minutes of an improperly closed session and to get civil damages from members of the public body, but no sixty-day time limit applies to those kinds of cases. If you decide to sue, there may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

The state may pursue criminal penalties against members of a public body who violate the Open Meetings Act.

If you show up at a meeting and the public body tries to exclude you from it, you do not have time to get a court order. You should remind the presiding officer (or whoever is denying you access) that section 15.263 of the Michigan Compiled Laws requires that the meetings of public bodies be open to the public unless there is a specific statutory exemption. You should insist on your right to attend unless the presiding officer can identify for you the statutory authority for closing the meeting. If the public body still insists on excluding you, you have no choice but to leave in an orderly fashion. You may then consider filing a lawsuit.

 

Note: This page covers information specific to Missouri. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

Missouri combines its public records and public meetings laws into one statute.  It defines the bodies subject to the public meetings law very broadly and has no limitations on who can request records. You do not have to state a purpose to attend meetings.

What Meetings are Covered?

What Government Bodies Are Covered?

Any "public governmental body"  is subject to the public meetings law. A public governmental body is defined under Mo. Rev. Stat. § 610.010.4(4) as any "legislative, administrative or governmental entity" that includes any agency, council, committee, any governing body of any public institution of higher education, departments or divisions of the state, any quasi-public body (meaning any person or business whose primary purpose is to contract with public bodies or perform a public function, such as tax abatement) and legislative/administrative bodies with the power to make rules or hear and decide cases.

What is a Meeting?

A public meeting, defined in Mo. Rev. Stat. § 610.010.5(5), includes any meeting where "public business is discussed, decided, or public policy formulated" and can be conducted either in person or by teleconferencing, Internet chat or message board. Anytime a majority of the members of the public body take a public vote, whether by electronic communication or otherwise, the vote is subject to the public meetings law.

The term does not include any informal gathering of members of the public body for ministerial or social purposes. The statute doesn't define an "informal gathering," but in Kansas City Star Co. v. Fulson, 859 S.W.2d 934, 939 (Mo. Ct. App. 1993) the Missouri Court of Appeals held that any gathering with friends and associates that was not regularly prescribed or official would be an "informal gathering" and not subject to the public meetings law. 

A quorum is needed for a public meeting. Statutes that create individual public bodies will define what constitutes a quorum for that body. The state constitution requires a majority of elected members of each house to constitute a quorum.

While a gathering of less than a quorum is not a meeting, a gathering may still violate the statute if the group in question is deliberately meeting in groups of less than a quorum to discuss public business with the intent of avoiding holding public meetings.

What Are Your Rights?

Attending Meetings

You have a right to record a meeting by audiotape, videotape or other electronic means. However, if you try to record a closed meeting without permission, you may be guilty of a misdemeanor.

Notice

Under Mo. Rev. Stat. § 610.020, all public bodies must give notice of the time, date and place and agenda of a meeting in a way "reasonably calculated" to notify the public, and they must do no later than 24 hours before the meeting. If conducted electronically or by telephone, the mode for the meeting must be included along with a location where the public may observe.

"Reasonable notice" includes making copies available for any news media who request it and also posting it on a bulletin board at the public body's principal office, or if there is no principal office, then at the building where the meeting will be held.

The public body must hold meetings in a location accessible to the public and large enough to accommodate the expected crowd.

Minutes, Recordings, and Documents

The public body must keep a journal or minutes of the meeting which must include the date, time, place, members present and absent, and any votes taken. You can request these minutes through Missouri open records law.

An Exception: Closed Meetings or Sessions

A majority of a quorum of the public body may vote to close the meeting. The body must announce the reason for closing. The body is also required to give notice of the closed meeting, and can only close the portions of the meeting that concern the matters justifying closure.

Under Mo. Rev. Stat. § 610.021, you don't have a right to attend meetings where the following are being discussed: 

• Any legal action where an attorney is discussing confidential or privileged communications with the public body, with the exception that any minutes, vote or settlement agreement relating to the action will be public
• Any meetings where the body discuss hiring, firing, disciplining or promoting employees, with the exception that the final vote will be public
• Nonjudicial mental/physical health proceedings
• Welfare cases
• Meetings that prepare for negotiations with employee groups
• Meetings relating to scientific or technological innovations

What Are Your Remedies If You Are Denied Access?

You can sue the public body for improperly holding closed meetings under Mo. Rev. Stat. § 610.027. If you can prove that a record was supposed to be public and you were denied access, then the public body must show that it was complying with the law or else you win your case. The court must void any action that the public body took in violation of the law if it finds that the public interest in enforcing the law outweighs the interest in sustaining whatever action the public body took.

If you can also show that the public body knowingly violated the public meetings law, the court must award you damages, up to $1,000. In calculating your award, the court must consider the size of the jurisdiction, the seriousness of the offense, and whether the body has previously violated the law. The court may give you costs and attorney fees. The statute doesn't define a "knowing" violation, but in Wright v. City of Salisbury, No. 2:07CV00056 AGF, 2010 WL2947709 (E.D.Mo. 2010), the federal district court in the Eastern District of Missouri, applying state law, held that a "knowing" violation referred to evidence that the public body knew that they were violating the public meetings law.

If you can show that the body purposely violated the law, the court must give you damages, up to $5,000 as well as costs and attorney fees. In calculating your award, the court must consider the size of the jurisdiction, the seriousness of the offense, and whether the body has previously violated the law. Again, the statute doesn't define "purposely", but  in  Spradlin v. City of Fulton, 982 S.W.2d 255 (Mo. Ct. App. 1998), the Missouri Court of Appeals held that a purposeful violation is one that shows a conscious plan to violate the law.

The courts also have the power to enforce public meetings provisions through injunctions under Mo. Rev. Stat. § 610.030.

If you sue a public body for a closed meeting violation, make sure you do within one year pursuant to Mo. Rev. Stat. § 610.027.5(5).

Note: This page covers information specific to Nevada. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

In 2011, the Nevada Legislature significantly changed the open meeting law, including expanding the law to apply to quasi judicial bodies; requiring that public bodies that have violated an opening meeting law publicize the opinion in its next agenda; enacting investigative subpoena authority; expanding the scope of the definition of "public body"; creating mandatory agenda notice requirements; removing the notice requirements for an applicant for employment; and enacting a monetary penalty of up to $500.00 against members of the public body who violate the open meeting law.

The material below contains a broad overview of the Nevada Open Meetings Law. The Nevada Attorney General has also provided a Nevada Open Meeting Law Manual.

What Meetings are Covered?

What Government Bodies Are Covered?

When determining whether the Open Meeting Law applies, the entity's manner of creation is taken into account. The Open Meeting Law applies to all "public bodies." Public bodies include an entity of more than two people that was created by the Nevada constitution, Nevada statute, city charter or ordinance, the Nevada Administrative Code, a resolution or formal designation by a public body, an executive order issued by the governor, or a resolution or an action by the governing body of a political subdivision of this state. Nev. R. Stat. 241.015(3). The definition also includes educational foundations defined in Nev. R. Stat. 388.750(3) and university foundations defined in Nev. R. Stat. 396.405(3). Also included are any board, commission, or committees consisting of at least two people who have been appointed by the governor or an officer acting on behalf of the governor, an entity in the executive department of the state government or an officer acting on behalf of the department. The Nevada Legislature is not included.

Exceptions to the Open Meeting Law include instances when the entity is considering the character, alleged misconduct, professional competence, or physical and mental health of a person; is preparing, revising, administering or grading examinations conducted by or on behalf of the public body; or is considering an appeal of the results of an examination conducted on behalf of a public body. The exception for considering a person's character, misconduct and competence does not apply to those who are elected members of a public body or an appointed public officer who serves "at the pleasure of a public body as a chief executive or administrative officer." Nev. R. Stat. 241.031.

If a government body or agency establishes a civic organization, it may be considered a public body if it is intended to perform any administrative, advisory, executive or legislative function of a state or local government and it expends or disburses or is supported, in whole or in part, by tax revenue. A private, non-profit organization is a public body if it acts in an administrative, advisory, or executive capacity and is supported, at least in part, by tax revenue. Quasi-judicial bodies may also be subject to the open meeting law the proceedings have a judicial character and are performed by administrative agencies. Stockmeier v. Nev. Dep't of Corr. Psychological Review Panel, 122 Nev. 385, 390, 135 P.3d 220 (2006). Judicial character includes proceedings that are referred to as a trial, takes and weighs evidence, and makes findings of fact and law from which a party may appeal to a higher authority. Id. However, the Parole Board of Commissioners is exempt from the Open Meeting Law, despite being a quasi-judicial body.

What is a Meeting? 

A meeting is defined as a gathering of members of a public body where a quorum (simple majority) is present, or a series of gatherings of members of a public body that meet three criteria: (1) individual gatherings where less than a quorum is present; (2) the members of the public body attending one or more of the gatherings collectively constitute a quorum; and (3) the series of gatherings was held specifically to avoid the provisions of the Open Meeting Law. Nev. R. Stat. 241.015. Social functions where members of a public body do not deliberate toward a decision or take action in any matter that the public body oversees or meetings where an attorney is meeting with the body to discuss potential or existing litigation are exempt. Nev. R. Stat. 241.015(2)(b). The Nevada Attorney General has stated that if a majority of members of a public body meet informally, to discuss any matter over which the body has control, that gathering must comply with the open meeting law.

These meetings may be held telephonically or by video conference. However, these meetings must still comply with the notice requirements, and the public must be able to listen in on these meetings. Electronic communications must not be used in order to circumvent the requirements of the open meeting law.

What Are Your Rights?

Notice

Notice of all meetings must be posted in at least four places within the public body's jurisdiction and mailed at least three working days before the meeting is set to take place. The notice must be placed at the principal office of the public body, or, if that does not exist, in the building where the meeting will take place. The notice must also be placed in three separate "prominent" places. Nev. R. Stat. 241.020. If the public entity maintains a website, the public entity must also post the agenda to it, although the body is not required to create a website if it does not already have one.

If someone has requested that he or she be mailed a notice of the meetings, the public entity must comply, and the mail must be postmarked before 9 a.m. on the third working day before the meeting. This request must be renewed every six months, and the recipient must be notified of that fact upon the first mailing. Additionally, if a person's character, misconduct, competence, or physical and mental health will be discussed, that person must also be notified of the meeting.

Nev. R. Stat. 241.020 sets forth notifications that must be provided on every agenda. These mandatory requirements include that the phrase "for possible action" must be placed next to the appropriate agenda item, and that the agenda clearly state that items may be taken out of order, may be combined for consideration by the public body, and items may be pulled or removed from the agenda at any time.

The notice must also include the time, place, and location of the meeting; a list of locations where the notice has been posted; a statement of the topics that will be discussed at the meeting and which items will be considered for action; public comment periods; indication that any portion of the meeting will be closed; the name of the person against whom administrative action will be taken, if applicable. Nev. R. Stat. 241.020.

When Meetings May Be Closed

Meetings may be closed for the following reasons:

• When considering a person's character, alleged misconduct, professional competence, or the physical or mental health;
• When preparing, revising administering, or grading examinations administered on behalf of the public body, or when considering an appeal of the results of an examination administered on behalf of the public body. Nev. R. Stat. 241.030.
• By the Public Employees Retirement Board: Meetings with investment counsel limited to the planning of future investments of the establishment of investment objectives and policies, or meetings with legal counsel limited to advice upon claims or suits by or against the system. Nev. R. Stat. 286.150(2).
• By the State Board of Pharmacy: Meetings held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations. Nev. R. Stat. 639.050 and Op. Nev. Att'y Gen. No. 81-C (June 25, 1981) (opinion starts at p. 75 of linked document).
• By any public body taking up matters or conduct that are exempt under the Open Meeting Law.
• By public housing authorities, when negotiating the sale and purchase or property. However, the formal acceptance of the negotiated settlement should be made in an open meeting.
• When authorized by statute. Nev. R. Stat. 241.020.

Minutes, Recordings, and Documents

When requested, a public body must provide, at no charge, at least one copy of an agenda, the proposed ordinance or regulation that will be discussed, any other supporting materials provided to the members of the public body, except those subject to confidentiality or nondisclosure agreements, pertaining to closed portions of the meetings, or those documents that are confidential by law.

 

What Are Your Remedies for Violations of the Open Meeting Law?

The Attorney General may sue for an injunction against any public entity in violation of the Open Meeting Law. Nev. R. Stat. 241.037. Additionally, any person who has been denied a right guaranteed by the Open Meeting Law may sue in the district court where the public entity resides. The suit must be brought within 120 days after the action was objected to. Nev. R. Stat. 241.037. If the plaintiff prevails, the court may award him reasonable attorney's fees and costs. Nev. R. Stat. 241.037(2).

The Attorney General handles and investigates all potential open meeting violations, and may also bring a civil suit. Nev. R. Stat. 241.039. If the Attorney General finds that a violation has occurred, the public boy must include that information on its next agenda.

Each member of a public body who attends a meeting where a violation occurs, and who knows that the meeting is in violation of the Open Meeting Law, is guilty of a misdemeanor. Nev. R. Stat. 241.040. Anyone in violation of the Open Meeting Law also could be civilly liable in an amount not to exceed $500.

The Citizen Media Law Project would like to thank the Randazza Legal Group for preparing this section. The contents of this page should not be considered to be legal advice.

Note: This page covers information specific to New Jersey. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The New Jersey Open Public Meetings Act provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in New Jersey. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about New Jersey open meetings law, please consult the New Jersey Foundation for Open Government's Open Public Meetings Act Summary and the Reporters Committee for Freedom of the Press's Open Government Guide: New Jersey.

What Meetings are Covered?

What Government Bodies Are Covered?

The New Jersey Open Public Meetings Act applies to public bodies. The law defines a "public body" as "a commission, authority, board, council, committee or any group of two or more persons organized under the laws of this State and collectively empowered as a voting body to perform a public governmental function . . . or collectively authorized to spend public funds." N.J. Stat. § 10:4-8(a) (scroll down).

Public bodies can be part of state, county, or municipal government, and they share two salient features. First, they involve two or more persons acting jointly. The Open Public Meetings Act therefore does not apply to government officials who act in an individual capacity, like the governor or a mayor, when they meet with their subordinates. But the law might apply to these officials if they sit on a board, commission, or other multi-member body that makes decisions on public business. Second, to be covered by the Open Public Meetings Act, a body must vote on public matters or spend public funds. The law thus does not cover purely advisory boards or committees. It also does not cover any private group or body not created by a New Jersey statute, ordinance, or regulation, or federal government bodies.

The Open Public Meetings Act specifically exempts from coverage the judiciary, grand and petit juries, parole boards, the State Commission of Investigations, the Apportionment Committee, and any political party committee. Therefore, the meetings of these groups need not be open to the public.

Consult the Reporters Committee for Freedom of the Press's Open Government Guide: New Jersey for more information about what public bodies are covered.

What is a Meeting?

In addition to determining what government bodies are covered by the New Jersey Open Public Meetings Act, you'll need to figure out which of their gatherings or activities constitute an "meeting" for purposes of the law (and therefore must be open to the public). To be a "meeting" for purposes of the Open Public Meetings Act, a gathering must be: (1) open to all the public body’s members; (2) attended by a majority of the members of that public body; and (3) the members present must intend to discuss or act upon public business. "Public business" includes "all matters which relate in any way, directly or indirectly, to the performance of the public body's functions or the conduct of its business." N.J. Stat. § 10:4-8(c) (scroll down). Therefore, the term "meeting" applies to information-gathering and fact-finding sessions in addition to meetings where formal action is taken or discussed, so long as a majority of the public body's members are present. It does not apply to chance social or ceremonial gatherings.

Governmental bodies may hold meetings by by written, telephonic, electronic, wireless, or other virtual means. However, an electronic meeting is still subject to the notice requirements and must be held at a designated place and time. While the law is not certain on this point, it appears that email communications between members of a governmental body may constitute a meeting.

What Are Your Rights?

Attending Meetings

The Open Public Meetings Act gives all members of the public the right to attend the meetings of public bodies, with exceptions for closed sessions discussed below. New Jersey law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend. See N.J. Stat. § 10:4-12(a).

The right to attend a public meeting does not necessarily include a right to comment or participate. Most public bodies in New Jersey may decide for themselves whether to allow public participation and may impose rules limiting or regulating participation. The governing bodies of municipal government, however, must set aside a portion of every meeting, the length of which is determined by the municipal body, for public comment on any governmental issue that a member of the public "feels may be of concern to the residents of the municipality." N.J. Stat. § 10:4-12(a).

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, New Jersey law requires public bodies to give advance notice of their meetings. The Open Public Meetings Act requires that a public body create a schedule of its regular meetings for the year at the "annual reorganization" meetings or, if no reorganization meeting is held, by January 10 of each year. This schedule or "annual notice" must contain the time, place, and location of the public body's regularly scheduled meetings. See N.J. Stat. § 10:4-18.

Public bodies may also hold "special" meetings, which are meetings not on the regular schedule. For these meetings, they must provide notice at least forty-eight hours before the meeting. The notice must contain the time, date, location and the agenda of the meeting (to the extent known). N.J. Stat. § 10:4-8.

Both the annual notice and the special meeting notice must be (1) prominently posted in at least one public place reserved for such announcements; (2) transmitted to two newspapers designated as "official newspapers" of the public body; (3) filed with appropriate municipal or county clerk, or with the Secretary of State if the public body has statewide authority; and (4) mailed to "any person" who requests notice in writing and pays in advance a reasonable fee to cover the cost of providing notice. If you file a request for notice, you need to renew your request annually to ensure that you continue to receive notice.

Public bodies may also post notice of their meetings on the Internet, but this is in addition to the other notice requirements.

Special notice rules apply for emergency meetings. See the Open Government Guide: New Jersey for details

Minutes and Recordings

The Open Public Meetings Act requires public bodies to keep "reasonably comprehensible" minutes of their meetings and to make them available to the public for inspection and copying. The law requires public bodies to enter a statement into the minutes at the beginning of each meeting indicating that adequate notice was given and specifying how it was provided, or indicating that adequate notice was not provided and explaining the reason.

For information on your ability to use recording devices at public meetings, see New Jersey Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of governmental bodies must be open to the public. If a governmental body wants to hold a closed or "executive" session, it must identify a specific statutory exemption. Under the Open Public Meetings Act, a public body may hold a closed session when it is dealing with one of nine subject-area exemptions found in N.J.S.A. 10:4-12(b). The nine exemptions are for meetings where a public body will discuss:

• any matter made confidential by federal or state law;
• any matter for which the release of information would impair a right to receive funds from the U.S. government;
• any material the disclosure of which constitutes an unwarranted invasion of individual privacy;
• any collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement;
• any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed;
• any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection and any investigations of violations or possible violations of the law;
• any pending or anticipated litigation or contract negotiation where the public body is a party or may become a party;
• any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body; and
• any deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.

These exemptions make it permissible for a public body to close a portion of a meeting; they do not require it to do so. To close a session, a public body must identify the exemption justifying closure and adopt a resolution at an open meeting for which public notice has been given.

Public bodies must keep minutes of their closed sessions, and these minutes are not open to the public. A public body must promptly make them available,however, once the necessity for maintaining confidentiality has passed.

For more information on the exemptions to the open meetings requirement, see the Open Government Guide: New Jersey.

What Are Your Remedies If You Are Denied Access?

Under the New Jersey Open Public Meetings Act, any person may file a lawsuit in New Jersey Superior Court for violations of the open-meetings requirements. If you succeed in a lawsuit, you can obtain a court order requiring that a meeting or meetings be made open to the public in the future, or requiring that an agency make public the minutes of an improperly closed meeting. You can also obtain a court order invalidating the actions of a public body taken in violation of the Open Public Meetings Act, but to do so you must file a lawsuit within within 45 days after the action you are challenging became public. The state may also pursue criminal penalties against members of a public body who violate the Open Public Meetings Act.

In the event that you are denied access to a meeting or class of meetings, you probably want to pursue an informal resolution before filing a lawsuit, which ordinarily is a costly and slow solution. You should contact the public body in question and inform it that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the public body continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

Note: This page covers information specific to New York. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The New York Open Meetings Law ("OML") provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in New York. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about New York open meetings law, please consult the New York Committee on Open Government's "Your Right to Know" Guide and the Reporters Committee for Freedom of the Press's Open Government Guide: New York.

What Meetings are Covered?

What Government Bodies Are Covered?

The OML covers public bodies. The law defines a "public body" as "any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof." N.Y. Pub. Off. Law § 102(2). A "quorum" just means a majority of members of the body, which is the number needed to take formal action on a matter of public business.

A "public body" can be part of state, county, or municipal government, and the state legislature is covered. Public bodies share two salient features. First, they must be made of two or more members who act jointly on public business. Thus, the law does not cover government officials acting in an individual capacity, like the governor or a mayor, when they meet with subordinates. Second, a public body must perform a governmental function for the state or an agency of the state, such as cities, counties, towns, villages, and school districts. Examples of public bodies include state boards and commissions, city councils, town boards, village boards of trustees, and school boards. The law also applies to committees and subcommittees of these groups when they are made up solely of members of the public body. The OML does not apply to the judiciary or federal government bodies.

Consult the Reporters Committee for Freedom of the Press's Open Government Guide: New York for more information on what public bodies are covered.

What is a Meeting?

In addition to determining what government bodies are covered by New York law, you'll need to figure out which of their gatherings or activities constitute an "meeting" for purposes of the law (and therefore must be open to the public). The OML defines a "meeting" as "the official convening of a public body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by the members of the public body." N.Y. Pub. Off. Law § 102(1). To have a meeting, there must be a "quorum" of members present. As noted above, a "quorum" is just a majority of the members of a public body. A gathering may constitute a "meeting" even if a public body takes no formal action -- it applies to any gathering where a quorum is present to discuss or deal with a matter of public business, regardless of what the gathering is called. The term applies to information-gathering and fact-finding sessions, as well as deliberations and debate about policy and proposed decisions. It does not apply to chance social or ceremonial gatherings.

The OML authorizes public bodies to use videoconferencing for conducting meetings, provided that the public body provides advance notice and allows the public to attend at any of the meeting locations. Public bodies may not use email or other electronic means to circumvent the requirement that meetings be open to public.

What Are Your Rights?

Attending Meetings

The OML gives the "general public" the right to attend the meetings of public bodies, with exceptions for closed sessions discussed below. New York law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend.

The right to attend meetings does not include a right to participate or comment. A public body may permit you to speak at open meetings, but does not have to do so.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, New York law requires public bodies to give advance notice of their meetings. If a meeting is scheduled at least one week ahead of time, the public body must post notice at least seventy-two hours in advance. The public body must post the notice in a public location (previously designated) and deliver notice to the "news media." It is not clear exactly what "news media" means and whether it could include non-traditional journalists and other online publishers. The notice must contain the time and place of the meeting, but need not contain an agenda. If the public body will hold the meeting via videoconference, the notice must indicate that videoconferencing will be used, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations. See N.Y Pub. Off. Law § 104.

When a meeting is scheduled less than one week in advance, the public body must give notice to the public and the news media at "a reasonable time" prior to the meeting. N.Y Pub. Off. Law § 104. What time period qualifies as a "reasonable time" in advance will vary based on the circumstances.

Minutes and Recordings

The OML requires public bodies to record minutes of their meetings and to make them available to the public for inspection and copying. Proposed minutes must be available for public inspection within two weeks of the meeting.

For information on your ability to use recording devices at public meetings, see New York Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of public bodies must be open to the public. If a public body wants to hold a closed or "executive" session, it must identify a specific statutory exemption. Under the OML, a public body may hold an executive session when it is dealing with one of eight subject-area exemptions found in N.Y. Pub. Off. Law § 105. The eight exemptions are for meetings that will involve:

• matters which would imperil the public safety if disclosed;
• any matter which may disclose the identity of a law enforcement agent or informer;
• information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
• discussions regarding proposed, pending or current litigation;
• collective negotiations pursuant to article fourteen of the civil service law;
• the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;
• the preparation, grading or administration of examinations; and
• the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by the public body, but only when publicity would substantially affect the value of the real property or securities.

The exemptions make it permissible for a public body to close a portion of a meeting; they do not require the public body to do so. To close a session, a public body must identify the exemption justifying closure and follow these steps:

• A member must move during an open meeting to enter into executive session;
• The motion must identify generally the subject or subjects to be considered; and
• A majority of the total membership of the public body must vote to enter into executive session.

A public body must keep and make publicly available minutes of executive sessions, but they need only contain "a record or summary of the final determination" of action taken during executive session and "the date and vote thereon." N.Y Pub. Off. Law § 106. Therefore, if a public body takes no final action in executive session, it does not need to record minutes for that session.

For more information on the exemptions to the open-meetings requirements, see the "Your Right to Know" Guide and the Open Government Guide: New York.

What Are Your Remedies If You Are Denied Access?

Under New York law, any "aggrieved person" may file a lawsuit in New York state court for violations of the OML. Any member of the public probably could qualify as an "aggrieved person" because the OML grants rights of attendance, notice, and access to minutes to all members of the public. If you succeed in a lawsuit, you can obtain a court order requiring that a meeting or meetings be made open to the public in the future. You can also obtain a court order invalidating the actions of a public body taken in violation of the OML. If you go to court and win, the court may order the losing public body to pay your attorneys' fees, but the court is not required to do so. See N.Y Pub. Off. Law § 107.

In the event that you are denied access to a meeting or class of meetings, you probably want to pursue an informal resolution before filing a lawsuit, which ordinarily is a costly and slow solution. You should contact the public body in question and inform it that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the public body continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

Note: This page covers information specific to North Carolina. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The North Carolina Open Meetings Law provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in North Carolina. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about North Carolina open meetings law, please consult the North Carolina Open Government Coalition's Open Meetings Law Guide and the Reporters Committee for Freedom of the Press's Open Government Guide: North Carolina.

What Meetings are Covered?

What Government Bodies Are Covered?

The North Carolina Open Meetings Law covers public bodies. The law defines a "public body" as

N.C. Gen. Stat. § 143-318.10(b).

Public bodies can be part of state, county, or municipal government, and they share two salient features. First, they involve two or more persons acting jointly. The Open Meetings Law thus do not apply to government officials who act in an individual capacity, like the governor or a mayor, when they meet with their subordinates. Second, to be covered by the Open Meetings Law, a body must exercise a legislative, policy-making, quasi-judicial, administrative, or advisory function. This sounds complicated, but it means that groups carrying out most government functions are covered, with the exception of courts carrying out their traditional judicial function. Examples of public bodies include state boards and commissions, city councils, school boards, and governing boards affiliated with The University of North Carolina. The law also applies to any committee or subcommittee that carries out activities on behalf of a public body or advises a public body. It does not apply to federal government bodies.

The Open Meetings Law also applies to the North Carolina General Assembly and most of its committees, but slightly different notice rules apply to these bodies. See N.C. Gen. Stat. § 143-318.14A. The law specifically exempts from coverage certain government bodies, including grand juries, law enforcement agencies, the Judicial Standards Commission, and the Legislative Ethics Committee.

Consult the Reporters Committee for Freedom of the Press's Open Government Guide: North Carolina for more information on what public bodies are covered.

What is a Meeting?

In addition to determining what government bodies are covered by the North Carolina Open Meetings Law, you'll need to figure out which of their gatherings or activities constitute an "meeting" for purposes of the law (and therefore must be open to the public). The North Carolina Open Meetings Law requires that the official meetings of public bodies be open to the public. The law defines an "official meeting" as a gathering of a majority of members of a public body "for purposes of conducting hearings, participating in deliberations, or voting upon or otherwise transacting the public business" of the public body. N.C. Gen. Stat. § 143-318.10(d). The term "official meetings" applies beyond formal meetings called to take public action, and include gatherings to weighh and reflect on the reasons for possible decisions and information-gathering sessions.

The Open Meetings Law does not cover a gathering of the professional staff of a public body. It also does not cover a social or ceremonial gathering, so long as the public body does not use the gathering as an excuse for getting around the open-meetings requirements.

A public body may hold a meeting by telephone or videoconferencing, but it must provide a location and way for the public to listen to the meeting. The public body may charge each member of the public a fee (maximum of $25) to defray the cost of providing a location and equipment. See N.C. Gen. Stat. § 143-318.13(a). An email exchange or other electronic communications could constitute an "official meeting" if public body members used electronic communications to engage with each other simultaneously. N.C. Gen. Stat. § 143-318.10(d) (definition of "official meeting" includes "simultaneous communication by conference telephone or other electronic means").

What Are Your Rights?

Attending Meetings

The North Carolina Open Meetings Law gives "any person" the right to attend an official meeting of a public body, with exceptions for closed sessions discussed below. North Carolina law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend.

The right to attend official meetings does not include a right to comment or participate. As a matter of practice, however, public bodies may give the public an opportunity to speak at meetings. The presiding officer of a public body may direct a person to leave a meeting if he or she interrupts, disturbs, or disrupts an official meeting. If the person creating a disturbance refuses to leave, the state may charge him or her with a misdemeanor. See the North Carolina Department of Justice's Questions and Answers Guide.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, North Carolina law requires public bodies to give advance notice of their official meetings to the public. If a public body has a regular schedule of its meetings, it must file the schedule in the following places:

• for public bodies that are part of state government, with the Secretary of State;
• for the governing board and each other public body that is part of a county government, with the clerk to the board of county commissioners;
• for the governing board and each other public body that is part of a city government, with the city clerk; and
• for each other public body, with its clerk or secretary, or, if the public body does not have a clerk or secretary, with the clerk to the board of county commissioners in the county in which the public body normally holds its meetings. See N.C. Gen. Stat. § 143-318.12(a).

If the public body changes the schedule, it must file a revised schedule at least seven days before the first meeting held under the new schedule.

A public body may also hold "special" meetings, which are meetings not listed on the regular schedule. A public body must give notice of a special meeting at least forty-eight hours before the meeting. The public body must post the notice on its principal bulletin board or, if it has no bulletin board, at the door of its usual meeting room. The public body must also mail or deliver notice to any person who requests notice in writing. The public body may impose a fee of up to $10 per calendar year for ordinary individuals. It may not impose a fee on a "newspaper, wire service, radio station, and television station" that requests notice. It is not clear whether a non-traditional journalist or other online publisher could qualify for no-fee notice, but you should consider asking for a fee waiver. A public body may require persons requesting notice to renew their requests quarterly (four times a year). See N.C. Gen. Stat. § 143-318.12(b)(2).

Different notice rules apply to emergency meetings. See the Open Government Guide: North Carolina for details.

Minutes, Recordings, and Documents

Every public body is required to keep full and accurate minutes of all official meetings, including closed sessions. Public bodies must make these minutes publicly available for inspection and copying, except for the minutes of closed sessions when public inspection would frustrate the purpose of the closed session. A public body may satisfy this requirement through sound or video recordings. See N.C. Gen. Stat. § 143-318.10(e).

Under the North Carolina public records law, you are entitled to documents and other background material distributed to members at official meetings.

For information on your ability to use recording devices at public meetings, see North Carolina Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all official meetings of public bodies must be open to the public. If a public body wants to hold a closed or "executive" session, it must identify a specific statutory exemption. Under the North Carolina Open Meetings Law, a public body may hold a closed session when it is dealing with one of nine subject-area exemptions found in N.C. Gen. Stat. § 143-318.11(a). A public body may close a session for the following nine purposes:

• to prevent the disclosure of information that is privileged or confidential under state or federal law;
• to prevent the premature disclosure of an honorary degree, scholarship, prize, or similar award;
• to consult with an attorney employed or retained by the public body in order to preserve the attorney‑client privilege between the attorney and the public body;
• to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations;
• to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract;
• to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee, or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee;
• to plan, conduct, or hear reports concerning investigations of alleged criminal misconduct;
• to formulate plans by a local board of education relating to emergency response to incidents of school violence; and
• to discuss and take action regarding plans to protect public safety as it relates to existing or potential terrorist activity and to receive briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken or to be taken to respond to such activity.

The exemptions make it permissible for a public body to close a portion of a meeting; they do not require the public body to do so. To close a session, a public body must identify the exemption justifying closure and vote during a open meeting to hold a closed session. When voting, the public body must refer to the specific statutory exemption relied on to close the meeting. If the public body indicates that it will discuss confidential information, it must identify the law that makes the information in question confidential. If it indicates that it will discuss pending litigation, it must identify the parties to the litigation.

The minutes of closed sessions must give a general account of the closed session so that a person not in attendance would have a reasonable understanding of what took place. A public body may withhold the minutes if public inspection would frustrate the purpose of the closed session. See N.C. Gen. Stat. § 143-318.10(e). When the reason for holding a closed session is no longer valid, a public body must make these minutes available to the public.

For more information on the exemptions to the open-meetings requirements, see the Open Government Guide: North Carolina.

What Are Your Remedies If You Are Denied Access?

Under North Carolina law, any person may file a lawsuit in North Carolina state court for violations of the Open Meetings Law. If you succeed in a lawsuit, you can obtain a court order requiring that a meeting or meetings be made open to the public in the future, or requiring that a public body satisfy its notice obligations. You can also obtain a court order invalidating the actions of a public body taken in violation of the Open Meetings Law, but to do so you must file a lawsuit within within 45 days after the action you are challenging became public. The law provides for expedited review of lawsuits brought for violations of the Open Meetings Law. If you go to court and win, the court may order the losing public body to pay your attorneys' fees, but the court is not required to do so.

In the event that you are denied access to a meeting or class of meetings, you probably want to pursue an informal resolution before filing a lawsuit, which ordinarily is a costly and slow solution. You should contact the public body in question and inform it that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the public body continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

Note: This page covers information specific to Ohio. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Ohio Open Meetings Act provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in Ohio. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about Ohio's Open Meetings Act, please consult the Ohio Attorney General's excellent guide, the 2012 Sunshine Laws Manual. It has detailed yet understandable explanations of the most important aspects of the state's open meetings and open records laws. For additional information, see the Reporters Committee for Freedom of the Press's Open Government Guide: Ohio.

What Meetings are Covered?

What Government Bodies Are Covered?

The Ohio Open Meetings Act does not apply to all government bodies in Ohio. It only covers "public bodies," a term with a specific legal definition. The law defines "public body" broadly to include most government bodies (i.e., entities made up of more than one member) that make decisions on matters of public business. At the state government level, the term "public body" means "any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority." Ohio Rev. Code § 121.22(B)(1)(a) (scroll down to version effective as of 2-12-2008). At the local government level, a "public body" is "any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution." Ohio Rev. Code § 121.22(B)(1)(a). At both the state and local government level, the term "public body" also includes any committee of one of the above-described public bodies. See Ohio Rev. Code § 121.22(B)(1)(b).

Some examples of public bodies include the Ohio Elections Commission, the Ohio State Board of Education and its committees, boards of county commissioners, county boards of elections, city councils, city and town zoning boards, and local school boards. The Open Meetings Act does not apply to a single government official acting in his or her individual capacity. It also does not apply to the state legislature (which has its own rules requiring that sessions be open to the public), the judiciary, or federal government bodies. The Open Meetings Act identifies certain public bodies and types of gatherings that are exempt from the requirements of the Open Meetings Act:

• grand juries
• audit conferences
• Adult Parole Authority hearings conducted at a correctional institution for the sole purpose of interviewing inmates to determine parole or pardon;
• the Organized Crime Investigations Commission;
• the Child Fatality Review Board;
• State Medical Board meetings to determine whether to suspend a certificate without a prior hearing;
• Board of Nursing meetings to determine whether to suspend a license or certificate without a prior hearing;
• Board of Pharmacy meetings to determine whether to suspend a license without a prior hearing;
• State Chiropractic Board meetings to determine whether to suspend a license without a prior hearing;
• meetings of the Executive Committee of the Emergency Response Commission when determining whether to issue an enforcement order or request that a civil action, civil penalty action, or criminal action be brought.

The Ohio Attorney General's guide, the 2012 Sunshine Laws Manual, has a great deal of additional information about what government bodies are covered by the Open Meetings Act.

What is a Meeting?

In addition to determining what government bodies are covered by the Ohio Open Meetings Act, you'll need to figure out which of their gatherings or activities constitute an "meeting" for purposes of the law (and therefore must be open to the public). Under Ohio law, a gathering is a "meeting" if it has three characteristics. First, it must be a prearranged gathering. Second, a majority of the members of the public body must attend. For example, if a school board has nine members, then five members would be required for a "meeting" to take place. If the school board created a finance committee with five members, then three members of the finance committee would be required for a "meeting" of the finance committee to take place. Third, the purpose of the meeting must be to conduct, transact, deliberate, or discuss public business. Thus, the Open Meetings Act would not apply to a social or ceremonial gathering. Nor would it cover a conference or similar event that a majority of members happened to attend, so long as they did not use the event as an excuse to deliberate or discuss public business without an open meeting.

Public bodies may not hold meetings through teleconferencing or videoconferencing. A member must be physically present to deliberate or vote on any matter of public business. Furthermore, the Attorney General indicates that members of a public body may not circumvent the open-meetings requirements by holding a conference call and claiming that there is no "meeting" because a majority of members is not present. One Ohio court has indicated that email communications are not covered by the Open Meetings Act. See Haverkos v. Nw. Local School Dist. Bd. Of Educ., 2005 Ohio App. LEXIS 3237, at *7-8. (Ohio Ct. App. July 8, 2005).

What Are Your Rights?

Attending Meetings

The Ohio Open Meetings Act gives "any person" the right to attend the meetings of public bodies, with exceptions for closed sessions discussed below. Ohio law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend. The right to attend does not include a right to participate or comment. Moreover, if you act in a disruptive fashion, a public body may have you removed from a meeting. Sometimes, a public body will voluntarily provide time for public comment.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Ohio law requires public bodies to provide advance notice of their meetings to the public. Unlike most states, however, Ohio does not impose specific requirements for how far in advance notice must be given. Instead, the law provides that each public body will establish by rule "a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings." Ohio Rev. Code § 121.11(F).

Public bodies must establish a notification rule for "regular meetings," which are meetings held at regularly scheduled intervals. A public body must give advance notice that lets the public know the time and place of these meetings. Whatever method a public body chooses, it must give notice to members of the news media and the public who have requested notification. A public body can satisfy this requirement, for example, by mailing an agenda to subscribers to a mailing list or mailing notices in self-addressed stamped envelopes provided by those requesting notification. If you haven't requested notice for the meetings of a public body, you should check its website for a posted schedule because many public bodies publish notice on their websites in addition to providing it to those who have specifically requested it.

A public body may also hold "special meetings," which are meetings not listed on the regular schedule. A public body must give notice of a special meeting at least twenty-four hours in advance of the meeting, and the notice must include the time, place, and a description of the purpose of the meeting. As with regular meetings, a public body must provide notice to members of the news media and the public who have requested notification, and may post notice in other locations, including the Internet.

In an emergency situation, a public body may call an "emergency meeting." A public body must give notice of an emergency meeting immediately after calling the meeting, and the notice must include the time, place, and a description of the purpose of the meeting. Again, a public body must deliver notice to members of the news media and the public who have requested notification, and may post notice in other locations, including the Internet.

Minutes and Recordings

Public bodies must keep full and accurate minutes of all meetings, including closed sessions. Generally, the minutes should provide sufficient information to permit the public to understand and appreciate the rationale behind the public body’s decisions. For closed sessions, the minutes need only give a general sense of the subject matter discussed. Public bodies must make all minutes available to the public for inspection and copying at a reasonable fee.

For information on your ability to use recording devices at public meetings, see Ohio Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of public bodies must be open to the public. If a public body wants to hold a closed or "executive" session, it must identify a specific statutory exemption. Under the Ohio Open Meetings Act, a public body may hold a closed session when it is dealing with one of seven subject-area exemptions found in Ohio Rev. Code § 121.22(G). The seven exemptions are for meetings dealing with the following topics:

• the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing (this exemption does not apply to the discipline of an elected official for conduct related to the performance of his or her duties);
• the purchase or sale of real estate for public purposes;
• pending or imminent litigation;
• negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;
• matters required to be kept confidential by federal law or regulations or state statutes;
• details relative to the security arrangements and emergency response protocols for a public body or a public office;
• matters involving trade secrets (but only in connection with local hospitals).

The exemptions make it permissible for a public body to close a portion of a meeting; they do not require it to do so. To close a session, a public body must identify the exemption justifying closure on the record during an open meeting, and a majority of members present must vote to hold a closed session. No formal action may be taken during a closed session.

A handful of public bodies may close their meetings to the public when dealing with additional topics, listed in Ohio Rev. Code § 121.22(E). To do so, however, the members must unanimously vote to close the meeting. See page 14 of the Attorney General's guide for details.

For more information on the exceptions to the open-meetings requirements, see the 2012 Sunshine Laws Manual and the Open Government Guide: Ohio.

What Are Your Remedies If You Are Denied Access?

If you believe that a public body has violated your rights, you can sue in state court. Under Ohio law, any person may file a lawsuit for violation of the Open Meetings Act in the court of common pleas for the county where the meeting in question took place. If you succeed in a lawsuit, you can obtain a court order requiring that a meeting or meetings be made open to the public in the future, that a public body satisfy its notice obligations, or that a public body provide access to minutes improperly withheld. In addition, if you go to court and win, the court must force the public body to pay you a $500 civil penalty, and it may order the public body to pay your attorneys' fees. However, if you go to court and lose, a court might order you to pay the winning public body's attorneys' fees, if it determines that your legal claim was frivolous. This would not happen unless your legal claim were utterly and obviously without any merit. If you want to file a lawsuit for violation of the Open Meetings Act, you must file your lawsuit within two years of the violation in question.

In the event that you are denied access to a meeting or class of meetings, you probably want to pursue an informal resolution before filing a lawsuit, which ordinarily is a costly and slow solution. You should contact the public body in question and inform it that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the public body continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

 

Note: This page covers information specific to Pennsylvania. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Pennsylvania Sunshine Act gives the public the right to attend the meetings of a large number of government bodies at the state and local level in Pennsylvania. The law also entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about Pennsylvania open meetings law, please consult the Open Meetings/Open Records Guide, prepared by the Pennsylvania Governor's Center for Local Government Services, and the Reporters Committee for Freedom of the Press's Open Government Guide: Pennsylvania.

What Meetings are Covered?

What Government Bodies Are Covered?

The Pennsylvania Sunshine Act covers all legislative and executive "agencies" at the state and local level. The term "agency," which is defined at 65 Pa. Cons. Stat. § 703(full text - scroll down), applies to multi-member bodies that perform an essential governmental function, exercise governmental authority, and take official action through the joint action of their members. This includes the Pennsylvania General Assembly and its committees, state agencies in the executive branch, political subdivisions (including all their constituent boards and commissions), and municipal authorities (such as city councils). The statute defines a "political subdivision" as "[a]ny county, city, borough, incorporated town, township, school district, intermediate unit, vocational school district or county institution district." In addition, the term "agency" includes school boards and the boards of public colleges and universities. Finally, the term also applies to committees created by the above-described agencies that are authorized to take official action or render advice on matters of agency business.

What is a Meeting?

In addition to determining what government bodies are covered by the Pennsylvania open meetings law, you'll need to figure out which of their gatherings or activities constitute a "meeting" for purposes of the law (and therefore must be open to the public). Under the Pennsylvania Sunshine Act, a gathering must have three characteristics in order to count as a "meeting." First, the meeting must be prearranged. Second, a quorum of agency members must attend. The term "quorum" just means a simple majority of agency members. For example, if a school board has nine members, then five members would be required for a "meeting" to take place. If the school board created a finance committee with five members, then three members of the finance committee would be required for a "meeting" of the finance committee to take place. Third, the purpose of the gathering must be to discuss or deliberate on agency business or take official action. The phrase "official action" means establishing agency policy, making a decision on a matter of agency business, and voting on any motion, proposal, resolution, regulation, ordinance, report or order. The Sunshine Act does not apply to a purely social or ceremonial event unrelated to the agency's business. Nor does it apply to a "conference," defined as "[a]ny training program or seminar, or any session arranged by State or Federal agencies for local agencies, organized and conducted for the sole purpose of providing information to agency members on matters directly related to their official responsibilities." 65 Pa. Cons. Stat. § 703.

Agency members may participate in a meeting by telephone or video conference, and remote members count towards a quorum. See Babac v. Penn. Milk Marketing Bd., 613 A.2d 551 (Pa. 1992). Email communications among agency members likely would constitute a meeting if they contained "deliberations" about agency business, but no case has addressed this issue yet.

There are special rules for what meetings of the Pennsylvania General Assembly are covered by the open-meetings requirements. The Sunshine Act covers:

• all meetings of committees where bills are considered;
• all hearings where testimony is taken; and
• all sessions of the Pennsylvania Senate and House of Representatives.

The Pennsylvania open-meetings requirements do not apply to caucuses and meetings of any ethics committee created by Pennsylvania House or Senate rules. See 65 Pa. Cons. Stat. § 712.

What Are Your Rights?

Attending Meetings

The Pennsylvania Sunshine Act gives "the public" the right to attend the meetings of covered agencies, with exceptions for closed sessions discussed below. Pennsylvania law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend. In addition to the right to attend meetings, you also have a limited right to comment. Most local-level boards and councils must afford the public a right to comment before official action is taken. See 65 Pa. Cons. Stat. § 710.1. Agencies may adopt reasonable rules for the comment period to maintain an orderly process, including by imposing time limits.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Pennsylvania law requires agencies to give advance notice of their meetings. The Pennsylvania Sunshine Act distinguishes between two types of meetings: (1) regularly scheduled meetings; and (2) special meetings. A "special meeting" is defined as "a meeting scheduled by an agency after the agency's regular schedule of meetings has been established." 65 Pa. Cons. Stat. § 703. Agencies must publish notice of their regularly scheduled meetings once a year, at least three days before the first meeting. The notice must include the place, date, and time of the first meeting and the schedule for the remaining meetings. Agencies must publish the notice in a newspaper of general circulation and post it in a prominent location at the principal office of the agency or the building in which the meeting is to be held. In addition, agencies must provide copies of the notice to the news media and interested citizens who request a copy and provide the agency with a stamped, self-addressed envelope beforehand. 65 Pa. Cons. Stat. § 709(c). For special meetings, agencies must publish notice in a newspaper of general circulation and post notice (as described above) at least twenty-four hours before the meeting. Agencies may call emergency meetings without notice under limited circumstances.

Minutes and Recordings

The Pennsylvania Sunshine Act requires agencies to record minutes of their open meetings and to make them available to the public for inspection and copying. An audio or video recording of a meeting does not satisfy this requirement.

For information on your ability to use recording devices at public meetings, see Pennsylvania Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all agency meetings must be open to the public. If an agency wants to hold a closed or "executive" session, it must identify a specific statutory exemption. Under the Pennsylvania Sunshine Act, an agency may hold a closed session when it addresses one of six subject-area exemptions found in 65 Pa. Cons. Stat. § 708(a) or when it is dealing with certain confidential or privileged deliberations or actions, as provided in 65 Pa. Cons. Stat. § 716. The six primary exemptions are for meetings dealing with the following topics:

• personnel matters, including hiring, promoting, disciplining, or dismissing specific public employees or officers, but not including filling vacancies in any elective office;
• the negotiation or arbitration of a collective bargaining agreement;
• the purchase or lease of real estate;
• pending or imminent litigation;
• matters of agency business which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law, including matters related to the initiation and conduct of investigations of possible or certain violations of the law and quasi-judicial deliberations; and
• matters of academic admission or standings (for committees of a board or council of trustees of a public university or college or the Board of Governors of the state system of higher education only).

These exemptions make it permissible for an agency to close a portion of a meeting; they do not require it to do so. If an agency chooses to hold a closed session, it must announce a specific reason for doing so on the record at an open meeting immediately prior or subsequent to the executive session. An agency may only take final action on matters discussed during an executive session at an open meeting.

For more information on the exceptions to the Pennsylvania open-meetings requirements, see the Open Meetings/Open Records Guide and the Open Government Guide: Pennsylvania.

What Are Your Remedies If You Are Denied Access?

If you believe that an agency has violated your rights, you can sue in Pennsylvania state court. Under Pennsylvania law, any person may file a lawsuit for violations of the Sunshine Act. If the matter involves a state-level agency, you must sue in the Commonwealth Court. If a matter involves local-level agencies, you must sue in the Court of Common Pleas. If you file a lawsuit and win, you can obtain a court order requiring that a meeting or meetings be made open to the public in the future, that an agency satisfy its notice obligations, or that it provide access to minutes improperly withheld. If you wish to challenge past agency action, you must file your lawsuit within thirty days of any violation that took place at an open meeting, or within thirty days of discovering an action that took place in an executive session (but in no circumstances after more than a year from the date of the session). If you go to court and win, the court may order the losing agency to pay your attorneys' fees if it finds that the agency willfully violated the Sunshine Act. On the other hand, if you go to court and lose, the court may order you to pay the agency's attorneys' fees if it finds that your lawsuit was frivolous. This would not happen unless your legal claim were utterly and obviously without any merit.

In the event that you are denied access to a meeting or class of meetings, you probably want to pursue an informal resolution before filing a lawsuit, which ordinarily is a costly and slow solution. You should contact the agency in question and inform it that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the agency continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

Note: This page covers information specific to Tennessee. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

See the note below regarding links to statutory provisions in this article.

You have a right under Tennessee public meetings law, Tenn. Code Ann. § 8-44-101 through § 8-44-111, to attend any meeting held by a governing body where a quorum of members is required to make a decision, except where otherwise provided in the state constitution.

What Meetings are Covered?

What Government Bodies Are Covered?

All public bodies are subject to the public meetings law. An agency is considered a public body if it has the power to decide policy or recommend actions to another entity that either decides policy or makes similar recommendations of its own. You also have a right to attend meetings of boards of nonprofits, if they:

• Contract with a state agency to receive public grants, dues, or fees that make up at least 30% of their income, or
• Are authorized by the state to act on behalf of a city or county, unless the county has 400,000 people or more.

You also can attend meetings of telephone cooperatives as part of the Telephone Cooperative Transparency Act of 2011.

What is a Meeting?

A meeting is defined as a quorum of members gathering to make a decision. Statutes that govern the individual public body will define what constitutes a quorum for that body, although the law usually requires a majority of any governing board. For example, a quorum for any county governing body is defined in Tenn. Code Ann. § 5-5-108 as a majority of the members of the county legislative body, and a quorum for city commissioners is defined as a majority of the members of the board of commissioners under Tenn. Code Ann. § 6-20-210.

Public agencies can communicate electronically, which includes posting in an online forum, but electronic communications posted in a forum will not substitute for a public meeting. If the agency communicates through a forum, you have a right to access that forum and to have notice of the use of a forum.

Members can participate electronically so long as there is a physical quorum present at the location mentioned in the meeting notice.

What Are Your Rights?

Attending Meetings

You have a right to get minutes of a meeting, to attend the meeting, and to have the public officials vote in public even if they have had discussions in executive session. You also have a right to hear everything at the meeting, so if the members don't have adequate microphones or sound, you should say something about it.

If you have questions about the state's open meetings law, you can use educational programs and materials that the Office of Open Records Counsel must make available to you.

Notice

If a public body has a meeting that is scheduled by law, then it has to give you notice that is "adequate" under § 8-44-103. "Adequacy" is not defined in the statute. However, the Supreme Court of Tennessee in Memphis Publishing Co. v. City of Memphis, 513 S.W.2d 511 (1974) stated as a general rule that "adequate public notice" would be determined based on the totality of the circumstances — a phrase that refers to all the facts and circumstances in the specific situation.  Notice could take the form of a web site announcement, a calendar posting, or some other form, so it would be wise to inquire how the particular public agency complies with this section.

Because what notice is sufficient will vary, you should check the web site of any public body frequently or consult with the agency to find out when mandated meetings are scheduled. The statute or charter creating the public body will likely provide a time frame for giving proper notice of meetings, so be sure to refer to this document.

If the public body has a special meeting, meaning one that is not previously scheduled by law (i.e., where the time of the meeting is set forth by statute, regulation or ordinance), the public body must still give "adequate" notice.

Minutes, Recordings, and Documents

You can inspect meeting minutes, which must be recorded and made available promptly after the meeting. The meetings must at least include a record of who attended the meeting and any motions, proposals and resolutions that were discussed, along with any votes. 

An Exception: Closed Meetings or Sessions

You don't have a right to attend portions of meetings where the public body will discuss proprietary information or trade secrets. The constitution allows for state lawmakers to decide whether they should meet in secret (sometimes called an "executive session"). If the public body does meet in executive session, they must still vote in public.

What Are Your Remedies If You Are Denied Access?

If you've been denied access to a public meeting, you can seek relief in the courts. The courts have the power to enforce the open meetings law, which can include ordering the agency to comply and forbidding them from violating the act any further. If you sue, you must do so within ten years of the violation, although you are probably better served to file suit within a year or less.

If a court forbids the agency from violating the act, the judge must order the agency to write to the court twice a year to show they are complying with the open meetings law. The court can void any action taken in violation of the act, except for action affecting the agency's public debt.

The statute says nothing about repaying costs or attorney fees if you file suit, so be ready to take on the expenses of filing a suit.

Additionally, refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the agency. 

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NOTE: The Tennessee Code is currently published by LexisNexis; all hyperlinks to statutes in this article will direct you to the LexisNexis web site.  Because the LexisNexis site does not permit linking to individual statutes, you will need to find the text of the statute you are looking for using the numbers assigned to the statute. The first number in the statute is the Title, the second number is the Chapter, and the third number is the specific Section (the first digit of the Section number also represents the "Part" of the statute, so Section 101 will be in Part 1). If you are interested, for example, in § 8-44-101 (that is, Title 8, Chapter 44, Section 101), after you click the link you can access the statute as follows:

1. Agree to the terms of service;
2. Scroll down to "Title 8" on the list that appears and click on the plus emblem next to "Title 8" in order to expand the entry for that Title;
3. Scroll down within Title 8 to "Chapter 44" for public meetings and click on the plus emblem to expand that Chapter;
4. Scroll down within Chapter 44 to "Part 1" and click on the plus emblem to expand that Part; and
5. Click on the link provided for the specific Section in which you are interested.

Alternatively, you can (1) agree to the terms of service, (2) type "8-44-101" into the search bar at the top of the Title list, and (3) click "Search."  This will also provide you with a link to the specific Section.

Note: This page covers information specific to Texas. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Texas Open Meetings Act ("TOMA") provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in Texas. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about Texas open meetings law, please consult the Texas Attorney General's 2010 Open Meetings Act Handbook and the Reporters Committee for Freedom of the Press's Open Government Guide: Texas.

What Meetings are Covered?

What Government Bodies Are Covered?

TOMA covers the meetings of "governmental bodies." Texas Gov't Code § 551.001(3) lists a number of state and local government entities that fit into this category:

• 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;
• a county commissioners court in the state;
• a municipal governing body in the state;
• a deliberative body that has rulemaking or quasi-judicial (i.e., similar to a court) power and that is classified as a department;
• a school district board of trustees;
• a county board of school trustees;
• a county board of education;
• the governing board of a special district created by law;
• a local workforce development board created under state law;
• 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; and
• a nonprofit corporation organized under state law that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under the tax code.

As a general matter, governmental bodies are multi-member state and local bodies that exercise a government function, such as making rules and setting government policy. At the state level, these bodies must have "one or more elected or appointed members." The term also includes committees of the Texas state legislature. Beyond these generalities, figuring out exactly what bodies are governed by TOMA is a complex task -- consult the 2004 Open Meetings Act Handbook section on governmental bodies for additional details.

What is a Meeting?

In addition to determining what government bodies are covered by the Texas open meetings law, you'll need to figure out which of their gatherings or activities constitute a "meeting" for purposes of the law (and therefore must be open to the public). Under TOMA, a "meeting" is any gathering of a quorum of members of a governmental body in which they discuss public business or public policy within the body's supervision or control, or at which they consider or take any formal action. The term also applies to information-gathering and fact-finding sessions called by the governmental body where a quorum of members are present and the session relates to the body's public business. The term "quorum" just means a simple majority of members of the governmental body. For example, if a school board has nine members, then five members would be required for a "meeting" of the finance board to take place.

The term "meeting" does not apply to a purely social event unrelated to the governmental body's public business or a "a regional, state, or national convention or workshop, ceremonial event, or press conference, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, or press conference." Texas Gov't Code § 551.001(4)(B)(iv).

Governmental bodies may not hold meetings by telephone or video conference except under limited circumstances. While the law is not certain on this point, it appears that email communications between members of a governmental body may constitute a meeting. See Opp. Att'y Gen. JC-0307 (deliberations covered by TOMA may include email).

What Are Your Rights?

Attending Meetings

TOMA gives "the public" the right to attend the meetings of governmental bodies, with exceptions for closed sessions discussed below. Texas law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend. The right to attend meetings does not include the right to participate or comment. As a matter of practice, however, a governmental body may give the public an opportunity to speak at a meeting. According to the Attorney General, if it does so, it "may set reasonable limits on the number, frequency and length of presentations before it, but it may not unfairly discriminate among speakers for or against a particular point of view."

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Texas law requires governmental bodies to give advance notice of their meetings. Unfortunately, Texas notice requirements are complex. One statutory provision states that governmental bodies must post notice of their meetings in a place readily accessible to the general public for at least seventy-two hours before the scheduled time of the meeting. Texas Gov't Code § 551.043(a). Another statutory provision requires the secretary of state to post notice on the Internet seven days in advance for meetings of a state board, commission, department or officer with statewide jurisdiction. Texas Gov't Code § 551.044(a). The notice must include the time, location, and subject matter to be discussed at the meeting. A complex array of rules governs where different kinds of government bodies must post notice. See the Notice Requirements section of the Attorney General's Handbook for details.

One notable requirement is that school districts must give notice of each meeting to any "news media" that has requested special notice and agreed to reimburse the district for the cost of providing notice. Texas Gov't Code § 551.052. The school district can give notice by telephone, fax, or email. It is not clear whether the term "news media" would cover non-traditional journalists and other online publishers, but you may want to request notice in any event. A school district will have little incentive to deny this simple request. If the school district accepts your request, you should renew it every year to ensure that you continue to receive notice.

Other notice rules apply for special and emergency meetings. See the Open Government Guide: Texas for details.

Minutes and Recordings

TOMA requires governmental bodies to record minutes of their meetings and to make them available to the public for inspection and copying. They may, but need not, make audio or video recordings of their meetings. If a governmental body chooses to do so, however, the recording is a public record that you can access just like ordinary minutes. A governmental body may also broadcast meetings over the Internet, but it is not required to do so.

For information on your ability to use recording devices at public meetings, see Texas Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of governmental bodies must be open to the public. If a governmental body wants to hold a closed or "executive" session, it must identify a specific statutory exemption. Under TOMA, a governmental body may hold a closed session when it is dealing with one of fourteen subject-area exemptions found in Texas Gov't Code §§ 551.071 through 551.088. These exemptions make it permissible for a governmental body to close a portion of a meeting; they do not require it to do so. If a governmental body is dealing with one of these enumerated subject areas, then it may hold a closed session, but it must also convene the executive session as part of an open meeting, and the presiding officer must publicly identify the statutory exemption relied on to close the meeting. Governmental bodies must keep a certified agenda or make a tape recording of the executive session and retain it for at least two years. They do not have to make the agenda or recording public.

For more information on the exceptions to the open meetings requirement, see the Executive Session section of the Attorney General's Handbook and the Open Government Guide: Texas.

What Are Your Remedies If You Are Denied Access?

If you believe that a governmental body has violated your rights, you can sue in Texas state court. Under Texas law, an "interested person, including a member of the news media," may bring a lawsuit for violations of TOMA. See Texas Gov't Code § 551.142. The term "interested person" is broad -- courts have found that a government league, an environmental group, and a local homeowners' group fit the definition. They have also indicated that any individual living in an area affected by the governmental body's authority will qualify as "interested." The CMLP located no Texas case law addressing whether the term "news media" would encompass non-traditional journalists and other online publishers, but there is no reason to suppose that you could not take advantage of this statutory language.

If you file a lawsuit and win, you can obtain a court order requiring that a meeting or meetings be made open to the public in the future, that a governmental body satisfy its notice obligations, or that it provide access to minutes improperly withheld. Under some circumstances, a court may invalidate the past actions of a governmental body taken in violation of TOMA. If you are successful in court, the losing governmental body may have to pay your attorneys' fees and costs.

In the event that you are denied access to a meeting or class of meetings, you probably want to pursue an informal resolution before filing a lawsuit, which ordinarily is a costly and slow solution. You should contact the governmental body in question and inform it that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the agency continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

 

Note: This page covers information specific to Virginia. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Virginia Freedom of Information Act, known as Virginia FOIA, provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in Virginia. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about Virginia open meetings law, please consult the Virginia Freedom of Information Advisory Council's Access to Public Meetings Guide and the Reporters Committee for Freedom of the Press's Open Government Guide: Virginia.

What Meetings are Covered?

What Government Bodies Are Covered?

Virginia FOIA covers the meetings of "public bodies," defined as

Va. Code § 2.2-3701. This definition encompasses a large number of state and local boards, commissions, and agencies, as well as the both houses of the Virginia General Assembly. It also includes committees created by a public body to perform delegated functions or to act in an advisory capacity, whether or not private individuals are members. At the state level, examples of public bodies include the State Board of Education, the State Air Pollution Control Board, the Innovative Technology Authority, and the Virginia Commission for the Arts. For a representative list of state-level public bodies, see the Commonwealth Calendar. At the local level, examples include local boards of education, city councils, and county zoning boards, among many other public bodies exercising local government authority.

What is a Meeting?

In addition to determining what government bodies are covered by Virginia FOIA, you'll need to figure out which of their gatherings or activities constitute a "meeting" for purposes of the law (and therefore must be open to the public). Under Virginia FOIA, a "meeting" is any gathering of three or more members of a public body (or a quorum, if a quorum is less than three) to discuss or transact business of the public body. The law applies to all discussions, deliberations, and formal action. A gathering of employees of a public body, as opposed to members of the body, is not a meeting covered by Virginia FOIA.

A "meeting" does not include purely social and ceremonial gatherings, nor would it likely apply to an academic conference or similar event that members of a public body happened to attend. Virginia FOIA does not cover attendance of members of a public body at

• any place or function where no part of the purpose of such gathering or attendance is the discussion or transaction of any public business, and such gathering or attendance was not called or prearranged with any purpose of discussing or transacting any business of the public body; and
• a public forum, candidate appearance, or debate, the purpose of which is to inform the electorate and not to transact public business or to hold discussions relating to the transaction of public business, even though the performance of the members individually or collectively in the conduct of public business may be a topic of discussion or debate at such public meeting.

Va. Code § 2.2-3707(G). Along these lines, the Virginia Supreme Court has ruled that no "meeting" took place when city council members attended a meeting organized by citizens to discuss traffic and safety issues, when the city council had no business pertaining to traffic control before it at the time and was unlikely to address such issues in the future. See Beck v. Shelton, 593 S.E.2d 195 (Va. 2004).

State-level public bodies may hold meetings by telephone or video conference as long as a majority of members are physically present in one location and the public has access to all communications, among other requirements. Local government bodies generally may not do so. The Virginia Supreme Court has held that email communications between members of a public body do not constitute meetings unless there is an element of simultaneity present that makes the exchange similar to a telephone conversation. See Beck v. Shelton, 593 S.E.2d 195 (Va. 2004).

What Are Your Rights?

Attending Meetings

Virginia FOIA gives the public the right to attend the meetings of public bodies, with exceptions for closed sessions discussed below. Virginia law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend. The right to attend meetings does not include the right to participate or comment.

Notice

The right to attend meetings is not necessarily meaningful without proper notice of those meetings. To address this issue, Virginia law requires public bodies to give notice of their meetings at least three working days before a meeting. The notice must contain the date, time, and location of the meeting, but an agenda is not required. If a state-level public body includes at least one member appointed by the Governor, the notice must also indicate whether or not public comment will be received at the meeting and, if so, the approximate point during the meeting when public comment will be received. Va. Code § 2.2-3707(C). Public bodies must post notice in "a prominent public location at which notices are regularly posted" and in the office of the clerk or chief administrator of the public body. State-level bodies must also post notice on their websites and the Commonwealth Calendar.

Public bodies must deliver notice directly to any person who files a written request for notification. When making a request for notification, you should provide the public body with your name, address, zip code, daytime telephone number, email address, and the name of your organization, if any. You need to renew the request annually. See Va. Code § 2.2-3707(E).

Other notice rules apply for special and emergency meetings. See the Open Government Guide: Virginia for details.

Minutes, Recordings, and Documents

Virginia FOIA requires public bodies, with a few exceptions discussed below, to record minutes of their meetings and to make them available to the public for inspection and copying. They may, but need not, make audio or video recordings of their meetings. If a public body chooses to do so, however, the recording is a public record that you can access just like ordinary minutes. State agencies in the executive branch that are subject to Virginia FOIA must post their minutes to the Commonwealth Calendar. See Va. Code § 2.2-3707.1.

Deliberations of the following public bodies need not be recorded in minutes: (1) committees of the General Assembly; (2) legislative interim study commissions and committees, including the Virginia Code Commission; (3) study committees or commissions appointed by the Governor; and (4) study commissions or study committees, or any other committees or subcommittees appointed by the governing body or school board of a county, city or town, except where the membership of the commission, committee or subcommittee includes a majority of the members of the governing body. See Va. Code § 2.2-3707(I).

In addition, the public is entitled to copies of agenda packets given to members at a meeting, and all other documents furnished to members. The public has a right to these documents at the same time they are furnished to members. See Va. Code § 2.2-3707(F).

Any person may photograph, film, record or otherwise reproduce any portion of a meeting required to be open. The public body conducting the meeting may adopt rules governing the placement and use of recording equipment to prevent interference with the proceedings, but may not prohibit or otherwise prevent any person from recording any portion of a meeting required to be open. In addition, public bodies are prohibited from conducting a meeting required to be open in any building or facility where such recording devices are prohibited. Va. Code § 2.2-3707(H). For additional information on your ability to use recording devices in Virginia, see Virginia Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of public bodies must be open to the public. If a public body wants to hold a closed or "executive" session, it must identify a specific statutory exemption. Under Virginia FOIA, a public body may hold a closed session when it is dealing with one of forty-four subject-area exemptions found in Va. Code § 2.2-3711. If a governing body is dealing with one of these enumerated subject areas, then it may hold a closed session, but it must also meet the following procedural requirements:

• The public body must affirmatively vote during an open meeting on a motion that

1. identifies the subject matter of the closed meeting;
2. states the purpose of the closed meeting; and
3. makes explicit reference to the statutory exemption relied on to close the meeting.

• At the end of the closed meeting, the public body must reconvene in an open meeting and take a vote certifying that that they discussed only exempt subject matters identified in the previous motion.
• Decisions made in a closed meeting do not become official until the public body reconvenes in an open meeting following the proper procedure, reasonably identifies the substance of the decision, and takes a recorded vote on the decision agreed to in the closed meeting. Va Code § 2.2-3711(B). Any and all votes taken to authorize the transaction of any public business must be taken and recorded in an open meeting. Va. Code § 2.2-3710(A).

Public bodies are not required to record minutes for closed meetings.

For more information on the exemptions to the Virginia open-meetings requirements, see the Access to Public Meetings Guide and the Open Government Guide: Virginia.

What Are Your Remedies If You Are Denied Access?

If you believe that a public body has violated your rights, you can sue in state court. Under Virginia law, any person may file a lawsuit for violation of Virginia FOIA. If you succeed in a lawsuit, you can obtain a court order requiring that a meeting or meetings be made open to the public in the future, that a public body satisfy its notice obligations, or that a public body provide access to minutes improperly withheld. In addition, if you go to court and win, a court generally must award you reasonable attorneys' fees and costs. Special rules about which district or circuit court you need to sue in are located in Va. Code § 2.2-3713(A)(1)-(3).

In the event that you are denied access to a meeting or class of meetings, you probably want to pursue an informal resolution before filing a lawsuit, which ordinarily is a costly and slow solution. You should contact the public body in question and inform it that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the public body continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

Note: This page covers information specific to Washington. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

Washington's Open Public Meetings Act (OPMA) provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in Washington. Washington law also gives you the ability to inspect and copy meeting minutes and imposes notice requirements on government agencies. You should consult the Washington Attorney General's Open Government Internet Manual: Chapter 3 and the Reporters Committee for Freedom of the Press's Open Government Guide: Washington for additional information on the OPMA. For detailed information about how the OPMA applies at the local level, see the Municipal Research and Services Center's The Open Public Meetings Act: How it Applies to Washington Cities and Counties.

What Meetings are Covered?

What Government Bodies Are Covered?

The OPMA requires that meetings of "the governing body of a public agency" be open to the public. Wash. Rev. Code § 42.30.030. This covers multi-member bodies that govern state and local government agencies. At the state level, it includes boards and commissions, such as the Washington State Liquor Control Board, the Washington Utilities and Transportation Commission, the Washington State Transportation Commission, and the Public Employees' Retirement Board. At the local level, it applies to groups like boards of county commissioners, city councils, school boards, public utility district boards, planning commissions, civil service commissions, and boards of adjustment. It also applies to committees created by one of these governing bodies, if the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment.

On the other hand, state and local agencies governed by individuals are not subject to the open meetings requirement. Some examples of individual-headed agencies include the Washington Department of Labor and Industries, the Washington Department of Licensing, the Department of Social and Health Services, the Washington State Patrol, and the Washington State Department of Employment Security.

What is a Meeting?

In addition to determining what government bodies are covered by the OPMA, you'll need to figure out which of their gatherings or activities constitute a "meeting" for purposes of the law (and therefore must be open to the public). Under Washington law, a "meeting" takes place whenever a majority of a governing body's members congregate to deal in any way with their official business. This includes simply discussing some matter having to do with official business, taking public testimony, engaging in deliberations, reviews, or evaluations, and taking collective action on a motion, proposal, resolution, order, or ordinance. A "meeting" would not include purely social and ceremonial gatherings, nor would it likely apply to an academic conference or similar event that a majority of members happened to attend.

The OPMA can apply to email and/or telephonic communications between a majority of the members of a governing body depending on the circumstances. For instance, an exchange of emails constitutes a meeting if a majority of members "collectively intend to meet [by email] to transact the governing body's official business" and "communicate about issues that may or will come before [them] for a vote." Wood v. Battle Ground School District, 107 Wash. App. 550 (Wash. Ct. App. 2001). Members do not engage in a meeting simply by receiving information by email or telephone about upcoming issues.

What Are Your Rights?

Attending Meetings

The OPMA gives "all persons" the right to attend the meetings of governing bodies of public agencies, with exceptions for closed sessions discussed below. Washington law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend. A governing body may not impose conditions on attendance, such as requiring you to register or complete a questionnaire. See Wash. Rev. Code § 42.30.040.

The OPMA does not give the public a right to participate or comment during open meetings, but as a matter of practice the public sometimes participates in meetings. The governing body has authority to limit the time of speakers to a uniform amount or to not allow anyone to speak.

Notice

Washington has unusual and relatively weak notice requirements. The OPMA requires the governing bodies of public agencies to set a schedule of "regular meetings" by ordinance, resolution, bylaw, or other formal measure. A "regular meeting" is defined as a "recurring meeting[] held in accordance with a periodic schedule declared by statute or rule." Wash. Rev. Code § 42.30.075. State agencies must publish this schedule in January of every year in the Washington State Register, and they must publish notice at least twenty days in advance in the State Register if they change the schedule. Otherwise, there are no notice requirements for regular meetings, and governing bodies of state and local agencies need not provide the public with an agenda or other description of the items of business to be discussed at regular meetings.

A governing body may call a "special meeting" -- i.e., a meeting not scheduled by ordinance, resolution, bylaw, or other formal measure. In that event, the governing body must give written notice at least twenty-four hours in advance to the members of the governing body and to "each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings." Wash. Rev. Code § 42.30.080. Whether this provision entitles online and other non-traditional news publishers to request notice is not clear, but you may want to make a request for notice anyway. An agency will have little incentive to deny this simple request and potentially spark a lawsuit. If the governing body accepts your request, you should renew it every year to ensure that you continue to receive notice. The notice for special meetings, which can be delivered by mail, fax or email, must give the time and place of the meeting and a description of "the business to be transacted."

Minutes and Recordings

Governing bodies of public agencies must record minutes of their meetings and make them available to the public upon request. See Wash. Rev. Code § 42.32.030. Some agencies make audio recordings of their meetings. If they choose to do so, the recording is a public record that you can access just like ordinary minutes.

For information on your ability to use recording devices at public meetings, see Washington Recording Law.

An Exception: Closed Meetings or Sessions

The general rule is that all meetings of governing bodies of public agencies must be open to the public. If a governing body wants to hold a closed session, called an "executive session," it must identify a specific statutory exemption. Under the OPMA, a governing body may hold an executive session when it is dealing with one of thirteen subject-area exemptions found in Wash. Rev. Code § 42.30.110. The thirteen exemptions are for meetings dealing with the following topics:

• matters affecting national security;
• the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
• the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price;
• negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;
• financial and commercial information supplied by private persons to an export trading company;
• complaints or charges brought against a public officer or employee, unless that officer or employee requests a public hearing;
• the qualifications of an applicant for public employment or to review the performance of a public employee, but final actions must be taken at a public meeting;
• the qualifications of a candidate for appointment to elective office, but any interview of the candidate and final action appointing a candidate to elective office must be carried out at public meeting;
• discussion with legal counsel relating to agency enforcement actions or pending or potential litigation;
• in the case of the state library commission or its advisory bodies, library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate, but final action must be taken at a public meeting;
• in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information;
• proprietary or confidential nonpublished information related to the development, acquisition, or implementation of state purchased health care services; and
• in the case of the life sciences discovery fund authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information.

These exemptions make it permissible for a governing body to close a portion of a meeting; they do not require it to do so. If a governing body is dealing with one of these enumerated subject areas, then it may hold a close session, but it also must meet the following procedural requirements:

• The governing body must hold the executive session as part of a regular or special meeting.
• Prior to convening the executive session, the presiding officer of the governing body must publicly announce the purpose of excluding the public from the meeting place and the time when the executive session will end.

A governing body need not make available the minutes or recording of an executive session. For more information on the exemptions to the open meetings requirement, see the Open Government Guide: Washington.

What Are Your Remedies If You Are Denied Access?

If you believe that a governing body of a public agency has violated your rights, you may sue in state court. Under Washington law, any person may file a lawsuit for violations of the OPMA. If you succeed in a lawsuit, you can obtain a court order requiring that a meeting or meetings be made open to the public in the future, that a governing body satisfy its notice obligations, or that it provide access to minutes improperly withheld. In addition, if you go to court and win, the losing agency generally will have to pay your attorneys' fees and costs.

In the event that you are denied access to a meeting or class of meetings, you probably want to pursue an informal resolution before filing a lawsuit, which ordinarily is a costly and slow solution. You should contact the governing body in question and inform it that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the governing body continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.

Note: This page covers information specific to the District of Columbia. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The District of Columbia Sunshine Act provides the public with a right of access to meetings of D.C. government bodies. It permits any member of the public to attend the meetings of "any department, agency, board or commission" of the District government. It also entitles you to inspect and copy transcripts of meetings, but it does not impose specific notice requirements on government bodies.

What Government Bodies Are Covered?

The meetings of any department, agency, board, or commission of the District government, including meetings of the Council of the District of Columbia, are covered by the Sunshine Act. See D.C. Code § 1-207.42(a). For a list of D.C. government departments, boards, and agencies, with contact information, see the Directory of Agencies and Services. Meetings of the federal government are not covered by the D.C. Sunshine Act.

What Is A Meeting?

In addition to determining what government bodies are covered by the D.C. Sunshine Act, you'll need to figure out which of their gatherings or activities constitute an "meeting" for purposes of the law (and therefore must be open to the public). Under D.C. law, the term "meeting" applies to gatherings "at which official action of any kind is taken," including hearings. This broad definition includes most gatherings where a multi-member government body takes action on a public matter. But it probably does not cover informal gatherings of government officials to engage in deliberations, information-gathering, and administrative work. It also does not apply to purely social and ceremonial gatherings.

In addition, the D.C. Sunshine Act does not apply to a government body's deliberations when it is acting in a judicial or quasi-judicial function. This means that, when a government body is acting like a judge in deciding the rights and obligations of specific individuals or groups, it may conduct its deliberations (i.e., reviewing the evidence and discussing possible findings) in private, assuming that it hears testimony and arguments in public and makes transcripts of hearings available to the parties and any interested persons. For example, one D.C. court held that, when a District agency was reviewing the denial of a gun permit to a D.C. resident, it properly conducted its deliberations in private. Jordan v. District of Columbia, 362 A.2d 114, 117-19 (D.C. 1976).

The Sunshine Act does not specifically address whether telephone, email, and other electronic communications can constitute a "meeting" for purposes of the open-meetings requirements.

What Are Your Rights?

Attending Meetings

The D.C. Sunshine Act gives "the public" the right to attend the meetings of D.C. government bodies. D.C. law does not limit access to meetings to a specific category of people or a profession, such as "the traditional press." Anyone may attend the meetings covered by the Act.

Notice

The D.C. Sunshine Act does not impose on D.C. government bodies any obligation to give the public notice of their meetings. You should check the websites of the D.C. government bodies that you are interested in and contact them to see if you can sign up for a mailing list or other targeted mechanism for delivering notice.

Minutes and Recordings

D.C. government bodies must record and keep "written transcripts or transcriptions" of all open meetings. They must make these transcripts or transcriptions available to the public for inspection and copying at reasonable cost. See D.C. Code § 1-207.42(b) (link is to entire D.C. Code; click through to Title 1, Chapter 2, Subchapter VII, Part D, and then locate the specific provision).

Closed Meetings or Sessions

Unlike other federal and state open meetings laws, the D.C. Sunshine Act does not contain specific exemptions allowing a D.C. government body to close a meeting or session to the public.

What Are Your Remedies if You Are Denied Access

Unfortunately, D.C. law is not clear on what you can do if you are denied access to a public meeting. The Sunshine Act does not say that members of the public may bring a lawsuit for violations of its requirements; it only says that resolutions, rules, acts, regulations, and other official actions won't be effective unless enacted at an open meeting. A court could conceivably grant you the right to bring a lawsuit to prevent a meeting from being closed, but this is not certain.

In any event, a lawsuit usually is a slow and expensive solution, so it is generally better to resolve a dispute without going to court. In the event that you are denied access to a meeting, you should contact the government body in question and indicate that you believe your rights have been violated and that you are willing to bring a legal action. You should submit your complaint in writing whenever possible. If the governmental body continues to deny your request for access, you should consider filing a lawsuit. There may be public interest organizations that would be willing to take on your case for free or for a reduced rate. Please see the Finding Legal Help section for details on finding legal representation.