Open Meetings Act
Committee Guidelines
Frequently Asked Questions
- What groups are covered by the Open Meetings Act?
- As a member of a municipal board or Assembly, can I invite other board members to my home for social gatherings?
Can we all go out for a drink together after the meeting?
What restrictions are there on socializing with other members of my board or commission? - Is a meeting of a group less than a quorum subject to the Open Meetings Act?
- Can I have lunch with fellow board members and discuss public business?
- Must a public meeting be held in a public place?
- Is communication between individual board members, which is limited to informational and fact-gathering purposes, a violation of the Act?
- Can I serially talk to members of my board about the same topic?
- When are executive sessions allowed?
- During a meeting, can we recess and hold off-the-record discussions (huddle in the corner) to resolve an impasse?
- What if I think the Act has been violated?
- How can we make sure we don't violate the Act in the future?
Avoiding Violations of the Open Meetings Act
The Open Meetings Act prohibits having a meeting without advertising. The definition of a "meeting" differs based on what kind of body it is - that is, whether it is a policy-making or decision-making body or an advisory-only body. For a body that has the authority to establish policies or make decisions-which would certainly include the Assembly and the Hospital Board - a meeting occurs when more than three members OR a quorum (whichever is less) are present and the members consider a matter upon which that body has the power to act. The traditional rule for the Assembly stands: If three Assembly Members are sitting around talking about City and Borough business and a fourth Member shows up, the conversation about City and Borough business should stop immediately.
For a body that is advisory only, a meeting occurs whenever two or more members get together on a pre-arranged basis to consider a matter upon which the body is empowered to act. The practical effect of this is that members of advisory-only bodies should never talk about the business of that body unless the meeting is advertised or unless they have just bumped into each other.
Members of both bodies should be cautious about contacting other members in person or by telephone or e-mail to try to influence other members or find out how they feel about an issue if the total number of members contacted exceeds the limits discussed above. This activity is sometimes called a " SERIAL MEETING." Although the law in this area is unclear, the courts might find, for example, that if two Assembly Members have discussed a matter and then each polled one other Member, that there has been a violation of the Open Meetings Act. If there is a claim that a violation of the Open Meetings Act has occurred, the best approach is to conduct an informal CURE by holding a substantial and public reconsideration of the matters considered at the allegedly improper meeting. This "let the sunshine in" approach is similar to the disclosure recommended if a member arguably has a conflict of interest.
Once again, if you have questions, please contact the City and Borough Attorney.
City and Borough Attorney
March 30, 2005
Revised April 4, 2005
- What groups are covered by the Open Meetings Act?
- As a member of a municipal board or Assembly, can I invite other board members to my home for social gatherings?
Can we all go out for a drink together after the meeting?
What restrictions are there on socializing with other members of my board or commission? - Is a meeting of a group less than a quorum subject to the Open Meetings Act?
- Can I have lunch with fellow board members and discuss public business?
- Must a public meeting be held in a public place?
- Is communication between individual board members, which is limited to informational and fact-gathering purposes, a violation of the Act?
- Can I serially talk to members of my board about the same topic?
- When are executive sessions allowed?
- During a meeting, can we recess and hold off-the-record discussions (huddle in the corner) to resolve an impasse?
- What if I think the Act has been violated?
- How can we make sure we don't violate the Act in the future?
The Assembly, all elected boards and commissions, all advisory committees appointed by the Assembly or municipal boards and commissions, and all subcommittees of those groups.
Social gatherings are not covered by the Act as long as they remain social gatherings. If small groups of a board get together in a comer of the party or other social gathering and discuss a matter of public business they are denying the public the right to observe all steps of the deliberative process. Avoid discussing public business in this context. The safest way to live under the law is keep municipal business out of social situations.
Yes. A group of less than a quorum meeting to discuss public business is subject to the Act. Adequate public notice must be given and the public invited. This would include formal or informal subcommittees of any public body. However, two, but not more than two, members of a body may meet to discuss public business so long as the discussion does not result in an express or implied commitment by both members to vote in a particular way. Members of subcommittees and other small subordinate groups should avoid unannounced meetings to discuss subcommittee business, even if only two members of such group attend.
A meeting of more than two members for lunch where public business is discussed is permissible provided that adequate notice is given and the public is invited. Without public notice such actions cut the public out of the deliberative process on as issue and make the board vulnerable to a legal action. Even if it is a luncheon gathering at a local restaurant where public business will be discussed, give reasonable notice of the meeting and invite the public. Although this may sound impractical or inconvenient to board members who are accustomed to informal discussions about pending issues, it would be a way of continuing their informal discussions and acting in accordance with the Act. As you may remember from your high school civics class, nobody ever said democracy was an efficient, or even convenient, type of government. A lunch meeting of not more than two members of a public body to discuss public business does not require public notice, but is, however, subject to Guideline No. 3 above. Adequate public notice must be given for a lunch meeting of two or more members of a subcommittee or other small subordinate group to discuss subcommittee business.
No, the Open Meetings Act only requires that the meeting be open to the public. Therefore, it would be legal to hold a public meeting in a public building, a restaurant or a private home. However, from a practical standpoint, it is questionable whether a normal restaurant setting is compatible with the objectives of the Open Meetings Act. Limited space, the implied obligation to buy and acoustical limitations are not conducive to public involvement.
It's unreasonable to prohibit one board member from talking to another, especially in casual meetings. However, keep such conversations as general as possible. If you want to contact another board member about an unrelated subject it would be unreasonable to argue that such a conversation constitutes a public meeting. However, if the information and fact-gathering discussion results in an express or implied commitment by both members to vote in a particular way, the public is denied the opportunity to watch deliberations about an important decision.
No. Serial communications, no matter how general, imply intent to build a consensus. The court has previously declared that serial communications on the same topic violate the spirit, if not the letter, of the law because the action is for all practical purposes occurring during these private meetings.
The law states that you can recess into executive session to discuss matters the immediate knowledge of which would be detrimental to city-borough finances or, under certain conditions, subjects that tend to prejudice the reputation and character of a person. That person must be given prior notice and may require that the session be held in public. The law also states that you can hold an executive session for matters, which by law or municipal charter or ordinance are required to be confidential. Remember though, that to hold an executive session the law states that you must make a motion at a duly-noticed public meeting to recess into executive session. Once in executive, session, you are to discuss only those specific issues for which the executive session was convened. Then, if the discussion leads to a vote, you must reconvene the public meeting and hold the vote in public. Many stipulations apply to executive sessions. Please consult either the Municipal Attorney or Municipal Clerk before planning an executive session.
No. It cuts the public out of some of the deliberations. It is suggested that impasses be resolved in public. The chair could appoint an ad hoc committee of the body and recess the meeting. The committee could in short order resolve the impasse by discussing the conflict in public. The meeting could then be resumed.
If you think there may have been a violation, this should be disclosed in a public forum at the first opportunity. At that time, the meeting in question should be reconstructed as nearly as possible. The court has stated that a violation may result in the action being declared void. If the violation is serious enough for the action to be declared void, the court has held that the burden is on the public body to start the deliberative process again, from the beginning, and to prove this in court.
Familiarize yourself with the Act itself. Don't depend on someone else to do it for you. Then, to be absolutely safe, always keep in mind the general goal of keeping deliberations of public issues in the public arena.