META DESCRIPTION:
Understand the Open Meetings Act (OMA), or Sunshine Law, which mandates transparency and accountability in government. Learn the key requirements for Public Notice, Quorum rules, proper Closed Session procedures, and what constitutes a Public Body to ensure full compliance with this critical law.
The core principle of a democratic society rests on the public’s right to know. This fundamental belief is codified in laws across the nation, most prominently in the Open Meetings Act (OMA), often referred to as a Sunshine Law. The OMA’s purpose is clear: to ensure that the actions of public bodies—and their deliberations—are conducted openly and publicly. Compliance is not merely a formality; it is a vital aspect of public official integrity, fostering public trust and accountability.
This guide provides a professional overview of the OMA’s requirements, helping public officials and concerned citizens navigate the rules for proper conduct of public business.
Defining the Scope: Public Body, Quorum, and Meeting
Before any action is taken, a public body must first determine if its gathering is subject to the OMA. The Act applies only when a quorum of a public body is meeting to discuss public business.
Key OMA Definitions
- Public Body: Generally, any multi-member entity (board, commission, council) created by state or local law, charter, or executive appointment that exercises governmental or proprietary authority or performs a governmental function.
- Meeting: A gathering, whether in-person, by telephone, or by electronic meeting means (including email, chat, or video conference), of a majority of a quorum of the members for the purpose of discussing public business.
- Quorum: The minimum number of members required to be present for a valid meeting and to take decisions, typically a simple majority of the membership.
The definition of a “meeting” is particularly broad and can ensnare public officials unaware of the law’s reach. For example, an exchange of text messages or emails between a quorum of members discussing public business can violate the Act if the communication is interactive and contemporaneous.
The Three Core Pillars of OMA Compliance
OMA compliance can be summarized by three non-negotiable requirements that dictate how public officials must conduct their duties:
1. Public Notice and Agenda Requirements
Every public body must provide reasonable advance Public Notice of a meeting.
| Requirement | Details |
|---|---|
| Timeliness | Advance notice is required, often 24 to 48 hours, depending on the jurisdiction and type of meeting (regular vs. special/emergency). |
| Content | Notice must include the date, time, location, and a readily available agenda. |
| Agenda Detail | The agenda must include known items of business. Vague items like “Old Business” are often insufficient. Discussions or votes on matters not on the agenda are often prohibited unless it’s a true emergency. |
2. Open Session and Public Access
All meetings must be held in an Open Session and be reasonably accessible to the public, including individuals with disabilities. The public has the right to attend and observe the deliberative process, even when the meeting is held remotely via an Electronic Meeting platform.
Caution: While the public is generally entitled to attend and observe, the OMA does not automatically grant the right to participate or be heard. However, public bodies often adopt rules to allow for a period of Public Comment, and this process must be treated consistently for all attendees.
3. Meeting Minutes and Record Keeping
A permanent record of the meeting is required to maintain transparency. A public body must prepare minutes, or a meeting record, as soon as practicable after the meeting.
Minutes Must Include:
- The date, time, and place of the meeting.
- The members of the public body recorded as either present or absent.
- A summary of all discussion matters and a record by individual member of any vote taken.
These Meeting Minutes must then be made available for public inspection, often within 10 calendar days after their approval.
Closed Session: The Limited Exceptions to Openness
The OMA strongly favors openness, meaning exceptions allowing a Closed Session (or Executive Session) are strictly and narrowly construed. A public body can only close a portion of a meeting to discuss specific topics where the public interest would be endangered, or personal privacy invaded.
Common, Permissible Reasons for a Closed Session
- Personnel matters (e.g., discipline, compensation, performance of a specific individual).
- Receipt of legal advice or consulting with counsel about pending or potential litigation.
- Considering the acquisition of real property.
- Discussions concerning security procedures or public security risks.
Crucially, before entering a closed session, the public body must vote publicly on a motion to close the session, cite the specific statutory exception, and identify the general subject matter to be discussed. Any final formal action, such as a vote to approve a policy, must be taken in the open session.
Avoiding Common Open Meetings Act Violations
Non-compliance with the OMA can lead to the invalidation of a Governmental Decision, fines, or other penalties. The most frequent Violation Penalties stem from:
- Serial Meetings: Sequential communications (e.g., private phone calls, individual meetings) between members of the quorum that cumulatively discuss public business outside of a noticed meeting.
- Email/Text Deliberation: Using electronic communication to discuss public business between a quorum is a meeting, and if not publicly noticed, it is a violation.
- Closed Session Abuse: Discussing a topic that does not fall under the strict, narrow exemptions, or taking a vote on final action in a closed session.
Summary of OMA Compliance
The Open Meetings Act is the law of transparency. Adherence is non-negotiable for all public bodies. By following clear rules on notice, accessibility, and minutes, officials protect the integrity of the deliberative process.
- Always Prioritize Public Notice: Provide adequate, advance notice (date, time, location, and agenda) for all meetings, including remote ones.
- Strictly Limit Closed Sessions: Only close a session for one of the statutory exceptions (personnel, litigation, etc.), and always vote publicly to do so, citing the exemption.
- Document Everything: Prepare and make public timely and detailed Meeting Minutes, including a record of all votes taken.
- Avoid Electronic Deliberation: Never use email, text, or group chat with a quorum to discuss public business outside of a properly noticed meeting.
OMA Compliance Checklist for Public Bodies
Use this quick-reference Compliance Checklist before your next meeting:
- ✓ Notice: Was public notice (date, time, location) posted with the full agenda 24-48 hours in advance?
- ✓ Quorum: Are discussions between a majority of the quorum confined to the noticed meeting?
- ✓ Closed Session: If closed, was a public vote taken to enter, citing the specific exception?
- ✓ Records: Will accurate, detailed minutes (including all roll call votes) be made available to the public within the legally required timeframe?
Frequently Asked Questions (FAQ)
Q: Does the Open Meetings Act apply to a social gathering if a quorum is present?
A: A purely social event is generally not a meeting, but if a quorum uses the gathering to discuss the public body‘s business, it instantly becomes subject to the OMA. The location does not matter.
Q: Can the public record or broadcast an open meeting?
A: Yes. Any member of the public must be permitted to record the meeting by tape, film, or other means. A public body may adopt reasonable rules governing the location of equipment to ensure it does not interfere with the deliberative process, but it cannot prohibit recording.
Q: Can we vote on an item that was not on the agenda?
A: Generally, no. A public body cannot take final action or vote on an item if the agenda only stated the item would be discussed, and certainly not if the item was not listed at all, unless it is a defined emergency that requires immediate action.
Q: Who enforces the Open Meetings Act?
A: Enforcement mechanisms vary by state, but often include the State Attorney General’s office, a dedicated Open Government office, or the courts. Violations can be enforced through civil actions seeking to compel compliance or seek penalties.
Q: What is the main intent of the Open Meetings Act?
A: The main intent is to protect the citizen’s right to know by ensuring that the actions and deliberations of public bodies are taken and conducted openly. Exceptions allowing a closed meeting are strictly construed against private sessions.
Legal Disclaimer and Conclusion
This post is for informational purposes only and does not constitute formal legal advice. Compliance with the Open Meetings Act is governed by state-specific statutes and court interpretations. Public bodies should consult with their jurisdictional Legal Expert to ensure full compliance with the specific requirements applicable to their region and circumstances. The information herein was generated by an AI assistant to serve as a general guide.
By prioritizing transparency and adhering to the OMA’s requirements, public officials uphold the integrity of the democratic process and the public trust. Understanding the rules for Public Notice, Quorum, and Closed Session protocol is essential for every governmental entity.
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Please consult a qualified legal professional for any specific legal matters.