265 (H.B. 313 Actions Taken in Willful Violation of Act, 25 O.S. Exceptions to Agenda Requirements Public Testimony 16 18 18 2. - is an important government transparency law that promotes the public's right to have their voice heard on the issues they care about. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. (a) This chapter does not require a school board to conduct an open meeting to deliberate a matter regarding a public school student if personally identifiable information about the student will necessarily be revealed by the deliberation. (b) During a conference under Subsection (a), members of the board of trustees of the Texas growth fund may not deliberate public business or agency policy that affects public business. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. A school district shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the district. INQUIRY MADE AT MEETING. In this chapter: (1) "Closed meeting" means a meeting to which the public does not have access. September 1, 2009. 42.30.060. 312, Sec. ( Civ. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. Sec. of the Government Code . Due to the COVID-19 State of Emergency and the Governors Orders, the Office of the Attorney General will not have in person trainings for Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) at this time. May 18, 2013. 3827), Sec. June 15, 2007. 1182), Sec. The District of Columbia Open Meetings Act (OMA) requires that any gathering of a quorum of a public body where members consider, conduct or advise on public business offer the opportunity for the public to observe the meeting. Acts 2011, 82nd Leg., R.S., Ch. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. Sec. Acts 2007, 80th Leg., R.S., Ch. 551.091. CLOSED MEETING; OFFENSE; PENALTY. 165 (S.B. Acts 2007, 80th Leg., R.S., Ch. (a) All public bodies shall keep written minutes of all. Sec. 12.16, eff. Ordinances, rules, resolutions, regulations, etc., adopted at public meetings Notice Secret voting prohibited. TIME AND ACCESSIBILITY OF NOTICE; GENERAL RULE. After completing the training course, you may print your certificate. No. GOVERNING BOARD OF GENERAL ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. 1, eff. 1004, Sec. This article will further explore deliberations, decisions, meeting notices and . REQUIREMENT TO FIRST CONVENE IN OPEN MEETING. Sec. This law guarantees that Alabama's citizens have open access to agencies, boards, commissions, and other governmental bodies which conduct the people's business. (a) The presiding officer of a governmental body, or the member of a governmental body who calls an emergency meeting of the governmental body or adds an emergency item to the agenda of a meeting of the governmental body, shall notify the news media of the emergency meeting or emergency item as required by this section. (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. 87 (S.B. (1) "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter. May 18, 2013. 551.145. Acts 2007, 80th Leg., R.S., Ch. Sec. 471), Sec. Added by Acts 1995, 74th Leg., ch. September 1, 2021. Is a meeting subject to OMA even if no votes are taken? (2) to hear a complaint or charge against an officer or employee. 6, eff. Minutes must be taken. 683 (H.B. 1, eff. September 1, 2007. Added by Acts 1995, 74th Leg., ch. (a) In this section, "water district" means a river authority, groundwater conservation district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. (b-1) A transit authority or department subject to Chapter 451, 452, 453, or 460, Transportation Code, an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more, an elected governing body of a home-rule municipality that has a population of 50,000 or more, or a county commissioners court for a county that has a population of 125,000 or more shall: (1) make a video and audio recording of reasonable quality of each: (A) regularly scheduled open meeting that is not a work session or a special called meeting; and. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or. At the time of an open meeting, a public body is not required to disseminate or September 1, 2019. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. 592), Sec. A governmental body shall maintain and make available for public inspection the record of its members' completion of the training. Added by Acts 2005, 79th Leg., Ch. (a) A school district shall provide special notice of each meeting to any news media that has: (2) agreed to reimburse the district for the cost of providing the special notice. school district made a good faith attempt to comply with the posting requirements. (2) the manner in which the recording is conducted. 471), Sec. June 4, 2001. Who is subject to OMA? 551.126 by Acts 1999, 76th Leg., ch. 1420, Sec. 7, Sec. June 14, 2013. (b) Directory information about a public school student is considered to be personally identifiable information about the student for purposes of Subsection (a) only if a parent or guardian of the student, or the student if the student has attained 18 years of age, has informed the school board, the school district, or a school in the school district that the directory information should not be released without prior consent. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. Sec. 551.144. (b) A governing board to which this section applies, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall: (1) post as early as practicable in advance of the meeting on the Internet website of the district any written agenda and related supplemental written materials provided by the district to the board members for the members' use during the meeting; (3) record the broadcast and make that recording publicly available in an online archive located on the district's Internet website. 679), Sec. Sec. Amended by Acts 1999, 76th Leg., ch. 647, Sec. Notable exemptions to this definition include: employment search committees for executive positions. (1) may not vote or take final action on a matter during a meeting under this section; and. The Texas Department of Information Resources publishes the Videoconferencing Standards (pdf) with which school boards must comply in order to meet by video conference. Acts 2019, 86th Leg., R.S., Ch. (1976 Public Act 267, MCL 15.261 et seq.) Sec. 105 (S.B. 161 (S.B. (j) The audio and video signals perceptible by members of the public at each location of the meeting described by Subsection (h) must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. 1201 (S.B. May 23, 2015. Added by Acts 1993, 73rd Leg., ch. 1440), Sec. (a) The commissioners court of a county may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; and. (b) The secretary of state shall post the notice provided under Subsection (a)(2) on the Internet. These protocols aim to ensure continuity of government operations and transparency in conducting public business when an emergency requires a governing body meeting to 551.0785. (2) the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording. The training must include instruction in: (1) the general background of the legal requirements for open meetings; (2) the applicability of this chapter to governmental bodies; (3) procedures and requirements regarding quorums, notice, and recordkeeping under this chapter; (4) procedures and requirements for holding an open meeting and for holding a closed meeting under this chapter; and. posting requirements in the event of an emergency, which is . 551.023. Sec. (2) (a) A meeting that is open to the public includes a workshop or an executive session of a public body in which a quorum is present, unless closed in accordance with this chapter. 3, eff. The same holds true for similar discussions and decision-making by a city council, a township board of trustees or any other public body. May 18, 2013. 2, eff. (3) record the broadcast and make that recording publicly available in an online archive located on the institution's or university system's Internet website. September 1, 2005. Tenn. Code Ann. 551.121. (b) The attorney general shall ensure that the training is made available. Sec. How does a charity register with the Attorney Generals Office? 50, Sec. 551.0501. (i) The Department of Information Resources by rule shall specify minimum standards for audio and video signals at a meeting held by videoconference call. (b)(1) Except as otherwise provided by law, all meetings shall be open to the public. Your right to attend public meetings is protected. 551.128. May 18, 2013. The online message board or similar Internet application must be owned or controlled by the governmental body, prominently displayed on the governmental body's primary Internet web page, and no more than one click away from the governmental body's primary Internet web page. 303 Advanced Notice of Times and Places, 25 O.S. 551.074. The governmental body is not required to establish a separate Internet site and provide access to archived recordings of meetings from that site. (b) A governmental body may have no more than one online message board or similar Internet application to be used for the purposes described in Subsection (a). September 1, 2019. The recording shall be made available to the public. 471), Sec. If a problem occurs that causes a meeting to no longer be visible and audible to the public at that location, the meeting must be recessed until the problem is resolved. 3, eff. Sec. (3) may post notice of a meeting at another place convenient to the public. September 1, 2005. 944, Sec. 647, Sec. In one sentence of Chapter 21.2, "meeting" is defined broadly to include most formal and informal gatherings of a majority of members of a governmental body. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 494), Sec. Sec. 1. The head of the board or commission must be physically present in the designated meeting place and the public must be given access to that meeting space. 861 (H.B. (a) A member of a governmental body commits an offense if the member participates in a closed meeting of the governmental body knowing that a certified agenda of the closed meeting is not being kept or that a recording of the closed meeting is not being made. 8, eff. of all their closed meetings in the form of an audio or video. Sec. The provisions of the Open Meeting Act contain requirements that: Prohibit the board from taking action on an "item of business" outside of a board meeting. May 18, 2013. 551.101. June 10, 2019. Amended by Acts 1999, 76th Leg., ch. 14, eff. (f) The location designated in the notice as the location of the meeting shall provide two-way communication during the entire telephone conference call meeting and the identification of each party to the telephone conference shall be clearly stated prior to speaking. FOIA. If the problem is not resolved in six hours or less, the meeting must be adjourned. (e) Nothing in this chapter shall prohibit a district from allowing a person to watch or listen to a board meeting by video or telephone conference call. Amended by Acts 2003, 78th Leg., ch. 2313), Sec. 27), Sec. (a) In this section, "governing board," "institution of higher education," and "university system" have the meanings assigned by Section 61.003, Education Code. (e) The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference shall be clearly stated before the party speaks. OPEN MEETINGS REQUIREMENT. GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT: QUORUM PRESENT AT ONE LOCATION. GOVERNING BOARD OF INSTITUTION OF HIGHER EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE ACTION. 2414), Sec. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. LEGISLATURE. Dist., 572 S.W.3d 294 (a) A governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071. (b) An emergency or an urgent public necessity exists only if immediate action is required of a governmental body because of: (1) an imminent threat to public health and safety, including a threat described by Subdivision (2) if imminent; or. Added by Acts 1997, 75th Leg., ch. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. 1, eff. 87 (S.B. 15, eff. SCHOOL DISTRICT: PLACE OF POSTING NOTICE. (4) members of the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D, Insurance Code. 1, eff. Sec. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. Michigan's Open Meetings Act provides requirements on meeting notices, minutes, and keeping the process open to public participation. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. 3106.2 BUT! 2, eff. Amended by Acts 1999, 76th Leg., ch. A rule adopted under Subsection (c) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body. Sec. 1969), Sec. If you are interested in a virtual training, please send an email to roadshows@nmag.gov with your contact information. 209, Sec. 1046), Sec. 1236 (S.B. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS. 11), Sec. The Open Meetings Act contains more than 25 exceptions to the requirement that meetings be open. This chapter does not require a school board operating under a consultation agreement authorized by Section 13.901, Education Code, to conduct an open meeting to deliberate the standards, guidelines, terms, or conditions the board will follow, or instruct its representatives to follow, in a consultation with a representative of an employee group. If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly: (1) announces that a closed meeting will be held; and. 1, eff. September 1, 2021. DELIBERATION REGARDING PROSPECTIVE GIFT; CLOSED MEETING. Sec. . 1078 (H.B. 937 (H.B. 551.048. Added by Acts 2003, 78th Leg., ch. SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN. GOVERNING BODY OF CERTAIN WATER DISTRICTS: INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN HEARINGS. Sec. 36 (S.B. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. (g) The governmental body shall make at least an audio recording of the meeting. Acts 2011, 82nd Leg., R.S., Ch. (a) A governmental body shall preserve the certified agenda or recording of a closed meeting for at least two years after the date of the meeting. 1, eff. The audio recordings of open meetings are also public information and the audio recordings of state bodies must be available through the website, either by posting or linking. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. Public notice shall be posted at least 18 hours before the meeting in a prominent and conspicuous place at public body's principal office. 3.10, eff. 551.077. 551.125. 303 Advanced Notice of Times and Places 25 O.S. 551.080. 3, eff. (a) This section only applies to a special purpose district subject to Chapter 51, 53, 54, or 55, Water Code, that has a population of 500 or more. See the Events page for upcoming Sunshine Laws Training Sessions. Acts 2017, 85th Leg., R.S., Ch. CERTIFIED AGENDA OR RECORDING; PRESERVATION; DISCLOSURE. 551.087. PROHIBITED SERIES OF COMMUNICATIONS; OFFENSE; PENALTY. Sec. May 18, 2013. 551.053. (b) The secretary of state shall post the notice on the Internet. If this is done, the meeting is considered to be a regular meeting for all purposes. (2) create an exception to the application of this subchapter. CERTIFIED AGENDA OR RECORDING REQUIRED. Amended by Acts 1997, 75th Leg., ch. 3674), Sec. Sec. 551.1281. 2, eff. 1613), Sec. MEETING NOTICE REQUIREMENTS IN CERTAIN CIRCUMSTANCES. May 18, 2013. (b) Except as provided by Subsection (b-1) and subject to the requirements of this section, a governmental body may broadcast an open meeting over the Internet. This section does not apply to attendance at the meeting by members of the legislative committee or agency holding the meeting. (2) an agenda item listed on a notice of the meeting before the supplemental notice was posted. 1377 (S.B. This chapter does not require an agency financed entirely by federal money to conduct an open meeting. (e) The notice of a meeting to be held by videoconference call must specify as a location of the meeting the location where a quorum of the governmental body will be physically present and specify the intent to have a quorum present at that location, except that the notice of a meeting to be held by videoconference call under Subsection (c) must specify as a location of the meeting the location where the member of the governmental body presiding over the meeting will be physically present and specify the intent to have the member of the governmental body presiding over the meeting present at that location. These events are open to all interested members and staff of state and local governments, school boards, commissions, media, and the general public. Sept. 1, 1993. (b) In litigation in a district court involving an alleged violation of this chapter, the court: (1) is entitled to make an in camera inspection of the certified agenda or recording; (2) may admit all or part of the certified agenda or recording as evidence, on entry of a final judgment; and. 679), Sec. 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. 87 (S.B. Oklahoma City, OK 73105, Office Hours: June 14, 2013. 471), Sec. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. (f) Each part of the telephone conference call meeting that is required to be open to the public must be: (1) audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) broadcast over the Internet in the manner prescribed by Section 551.128; and. 685 (H.B. Open Meeting Act and Open Records Act . 1, eff. DEFINITIONS. May 18, 2013. Sec. 1830), Sec. 1, eff. 551.043. 115 (S.B. Sept. 1, 1999. Sec. (d) A meeting held by videoconference call is subject to the notice requirements applicable to other meetings in addition to the notice requirements prescribed by this section. 11.014, eff. 3, eff. 87 (S.B. The governmental body shall provide on the Internet site the same notice of the meeting that the governmental body is required to post under Subchapter C. The notice on the Internet must be posted within the time required for posting notice under Subchapter C. Added by Acts 1999, 76th Leg., ch. BOARD OF PARDONS AND PAROLES. 1, eff. 1, eff. Notice of a meeting must be given at least seven days in advance. 268, Sec. Sec. Do you have a compliance guide for the Open Meetings Act? 1, eff. Amended by Acts 1999, 76th Leg., ch. (g) A certificate of course completion is admissible as evidence in a criminal prosecution under this chapter. The Brown Act is contained in section 54950 et seq. (b) In addition to the other place at which notice is required to be posted by this subchapter, the following governmental bodies and economic development corporations must also concurrently post notice of a meeting on the Internet website of the governmental body or economic development corporation: (4) the governing body of a junior college or junior college district, including a college or district that has changed its name in accordance with Chapter 130, Education Code; (5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code); (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code; and. 228), Sec. 3357), Sec. 1367 (H.B. Acts 2021, 87th Leg., R.S., Ch. 551.0415. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1999. 1127 (S.B. 361 (S.B. The notice of a legislative committee meeting shall be as provided by the rules of the house of representatives or of the senate. Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. May 18, 2013. Sec. 447, Sec. Sec. Sec. September 1, 2007. 1007 (H.B. (2) either provide notice of each meeting to the county clerk of each county in which the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. (2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. Open Meetings Act provides that persons shall be permitted to address the meeting of a public body under the rules established by the public body, and also Added by Acts 1993, 73rd Leg., ch. (1) state the subject of each deliberation; and. 4, eff. (2) indicate each vote, order, decision, or other action taken. 551.146. 306 Vote by Electronic or Telephonic Communications, 25 O.S. c.30A, 20 , March 12, 2020. Sec. Delaware Open Meetings Law. January 1, 2006. The term includes a session of a governmental body. 538 (S.B. (a) In this section, "electronic bulletin board" means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. (b) This chapter does not prohibit the governing board of an institution of higher education, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board from holding an open or closed meeting by telephone conference call. 311 Notice Public Bodies Method, 25 O.S. (b) The portion of the telephone conference call meeting that is open shall be recorded. 551.131. Minutes; right to speak. 1, eff. May 18, 2013. 551.085. NOTICE OF MEETING REQUIRED. The Director has promulgated emergency regulations codified as N.J.A.C. Purpose of the Open Meetings Act The Illinois Open Meetings Act (OMA) (5 ILCS 120/1) provides the people of the State of Illinois with the right to be informed as to the conduct of public business. If post to website, you must also . There are other ways citizens may share their opinions, such as speaking to government officials outside of the meeting, sending letters, or writing emails. May 18, 2013. 681 (H.B. 183 (H.B. Oldham v. Drummond Bd. 1, eff. (b) On written request of a district resident made to the district not later than the third day before a public hearing to consider the adoption of an ad valorem tax rate, the district shall make an audio recording of reasonable quality of the hearing and provide the recording to the resident in an electronic format not later than the fifth business day after the date of the hearing. (d) The governing board of a general academic teaching institution or of a university system is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control. Acts 2015, 84th Leg., R.S., Ch. 471), Sec. 3, eff. STATE GOVERNMENTAL BODY: NOTICE TO SECRETARY OF STATE; PLACE OF POSTING NOTICE. Sec. Acts 2013, 83rd Leg., R.S., Ch. (3) participates in the closed meeting, whether it is a regular, special, or called meeting. (2) maintain the archived recording on the Internet for not less than two years after the date the recording was first made available. How do I get information on registered charities? (c) A rule adopted under Subsection (b) may not prevent or unreasonably impair a person from exercising a right granted under Subsection (a). 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