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What
is the Open Meetings Act?
The
State
of
Alaska's
Open
Meetings
Act, AS
44.62.310,
is
a
law
that
addresses
public
meetings
and
protects
the
public's
right
to
know
and
opportunity
to
be
heard.
Among
other
things,
the
act:
- defines
public meetings and public entities;
- lays
out specific requirements for
public notice;
- requires
that all meetings of a governmental
body of a public entity are open
to the public;
- lays
out provisions for attendance
at meetings and voting methods;
- lays
out provisions for distribution
of meeting materials; and
- lists
the few exceptions to the act
as well as matters that may be
discussed in executive session.
In
order
to
assure
that
the
public
information/participation
provisions
of
the
act
are
met,
the
act
requires
that
the
public
entity
must
provide "reasonable" notice
that
meets
the
requirements
of
the
act.
To
meet
these
notice
requirements
the
notice
must:
- be
provided within a reasonable
amount of time prior to the meeting;
- include
the date, time, and place of
the meeting;
- be
posted at the principal office
of the public entity, in addition
to any other methods and locations
stated in local ordinance; and
- be
done in the same way each time
(consistent).
What
is the definition of a meeting
that would fall under the provisions
of the Open Meetings Act?
AS
44.62.310(h) provides
detailed
definitions
of "governmental
body," "meeting," and "public
entity" that,
when
combined,
define
what
constitutes
a
public
meeting.
The
act
makes
a
distinction
between
what
constitutes
a
meeting
of
a
policy/decision
making
body
and
what
constitutes
a
meeting
of
an
advisory
only
body.
A
meeting
of
a decision
or
policy-making
body occurs
when
more
than
three
members
or
a
majority
of
the
members,
whichever
is
less, engage
collectively
in
discussion of
a
subject
that
the
body
is
authorized
to
act
and
set
policy
on
and
is
therefore
subject
to
the
Open
Meetings
Act.
Under
this
definition,
it
doesn't
matter
where
the
meeting
occurs,
if
it
was
prearranged,
or
who
arranged
it
and
could
include
unplanned
casual
or
social
contact.
A
meeting
of
an advisory
only
body is
a prearranged gathering to
consider
a
matter on
which
the
entity
is
authorized
to
advise
and
assist
the
decision
making
body
and
is
subject
to
the
provisions
of
the
act.
The
act
doesn't
specify
a
number,
so
two
or
more
members,
if
the
gathering
is
prearranged
for
the
purpose
of
conducting
any
business
of
the
entity,
could
constitute
a
meeting.
What
types of meetings might be conducted
that would require notice under
the Open Meetings Act?
Following
are
the
most
common
types
of
meetings
that
would
be
subject
to
the
Open
Meetings
Act:
Regular
Meetings:
State law requires that the
governing body conduct its business
at
regularly scheduled meetings
that are open to the public.
Regular meetings must be held
at least once a month and may
be held more often, as required
or established in local ordinance.
The local code of ordinances
should provide the date, time,
and place of regular meetings
so that everyone knows when
regular meetings will take place.
The
public shouldn't have to wonder
about the meeting time, date,
and place always changing. If
at times it is necessary to
reschedule the regular meeting,
notice must
be posted informing the public
that the regular meeting has
been rescheduled and when it
will be held.
Special
Meetings:
Special meetings have the same
requirements as regular meetings,
except that they are called
for a different time than that
fixed
for regular meetings. For example,
local ordinance may require
that the governing body hold
its regular
meeting on the third Tuesday
of each month at 7:00 PM at
the municipal offices. If the
governing
body must meet earlier, it can
call a special meeting for a
different date. The special
meeting does not take place instead
of
the regular meeting, it is in
addition to the regular meeting.
Special meetings should be held
rarely and only to address time
sensitive issues. A special
meeting may be held with less
than 24
hours notice if all members
are present or if absent members
have waived in writing the required
notice. Waiver of notice can
be made before or after the
special
meeting is held.
Emergency
Meetings:
Emergency meetings are held to
address situations that are so
urgent that the governing body
must meet right away. An emergency
meeting may be held if a majority
of the members are given at least
24 hours oral or written notice
and reasonable efforts are made
to notify all members.
Committee
Meetings:
Permanent ("standing")
committees and temporary ("ad
hoc")
committees of the governing
body may be formed to study particular
issues in more detail. Standing
committees may include the finance
committee, public works committee,
and/or a facilities committee.
Ad hoc committees are formed
to address a specific situation
and are disbanded once the situation
has been dealt with. Committees
may be composed of all members
of the governing body (referred
to as a committee of the whole),
or of fewer members, usually
three. A committee cannot take
action on behalf of the full
governing body but instead makes
a recommendation to the governing
body for the governing body's
action. Usually the committee
of the whole meets to discuss
items that are not ready for
action but need further discussion
in an informal setting. For
example,
the annual budget usually requires
a work session before it is
formally adopted.
Board
of Equalization: The
governing body, or its appointees,
sits as the Board of Equalization
in municipalities that levy
a property tax. AS 29.45.200(a)
states, "the
governing body sits as a board
of equalization for the purpose
of hearing an appeal from a determination
of the assessor." A
property owner who believes
the assessor has made a mistake
in
the yearly valuation of their
property may appeal the assessor's
decision to the board of adjustment,
which meets once a year.
How
much
notice
is
required
to
meet
the "reasonable" public
notice
provision
of
the
Open
Meetings
Act?
How
much
notice
is
required
depends
on
the
complexity
of
the
issue
and
the
potential
effect
it
will
have.
Proper
public
notice
must
be
provided
in
advance
of
the
proposed
action
and
local
ordinances
should
state
the
minimum
number
of
days
that
notice
is
required.
This
number
should
be
adjusted up
if
the
situation
warrants
additional
notice.
Special
and
emergency
meetings
require
only
24
hours
notice
or
less.
If
less
notice
is
given,
absent
members
must
waive
the
notice
requirement.
Notice
requirements
for
work
sessions
and
committee
meetings
should
follow
the
same
guidelines
as
those
established
in
local
ordinance
for regular
meetings.
There
are
minimum
mandatory
notice
requirements
for
certain
actions,
such
as
notice
of
a
public
hearing
on
a
proposed
ordinance,
or
election
notice.
There
is,
however,
no
specific
number
of
days
spelled
out
in
statute
that
defines "reasonable." The
general
tone
of
case
law
on
the
subject
has
essentially
found
that
reasonable
notice
provides
enough
notice
that
a
concerned
party
will
have
notice
of
a
proposed
action
within
enough
time
to
be
involved
in
the
deliberations.
This
could
vary
anywhere
from
three
months
to
three
days.
The
notice
also
has
to
provide
enough
information
to
let
the
public
know
what
subjects
will
be
covered
in
the
meeting.
If
a
complete
agenda
isn't
available
at
the
time
of
posting,
a
summary
will
work
until
the
complete
agenda
is
available.
Local
ordinances
should
contain
all
of
the
requirements
for
public
notice
of
meetings
including
what
to
include
in
the
notice,
where
the
notices
are
posted,
and
how
soon
before
the
meeting
the
notices
are
posted.
Where
and how does notice have to occur?
State
law, AS
44.62.310(e),
requires
that
reasonable
notice
include
the
date,
time,
and
place
of
the
meeting;
and,
if
by
teleconference,
the
location
of
any
teleconferencing
facilities.
It
also
provides
that
notice
may
be
given
in
print
or
broadcast
media;
that
it
be
posted
at
the
principal
office
of
the
public
entity
or, if
no
principle
office,
at
a
location
designated
by
the
governing
body;
and
that
it
be
done
in
the
same
way
each
time "consistent."
In
addition
to
the
locations
required
in
statute,
notice
should
be
posted
at
well-used
locations
in
the
community
like
the
post
office,
the
store,
government
offices,
and
the
community
bulletin
board.
It
may
also
be
published
in
a
newspaper
of
general
circulation
in
the
community
or
broadcast
over
a
local radio
station
in
addition
to
any
other
means
and
locations
stated
in
local
ordinance.
What
are the exceptions to the Open
Meetings Act and what subjects
may be discussed in executive
session?
AS
44.62.310(b) authorizes
a
public
body
to
meet
in
executive
session
to
discuss
only
those
items
listed
in
the
law.
This
is
not
an
exception
to
the
Open
Meetings
Act,
but
rather
an
authorization
to
conduct
a
step
in
the
decision
making
process
in
a
certain
way.
The
decision
to
go
into
executive session
must
weigh
the
potential
harm
of
open
discussion
against
the
public
interest
and
benefit
of
open
public
discussion
and
the
public's
right
to
know.
Executive
session
is
not
a
secret
meeting
-
it
is
a
part
of
the
public
meeting
from
which
the
public
may
be
excluded.
The
governing
body
may,
at
its
discretion,
invite
others
into
the
executive
session.
All
executive
sessions
must
first
be
convened
as
a
legal
public
meeting
and
a
motion must
pass
that
clearly
describes
the
subject
to
be
discussed
before
the
governing
body
can
go
into
executive
session.
Only
certain
topics,
which
are
listed
in AS
44.62.310(c), can
be
considered
in
executive
session.
These
topics
are:
(1)
matters,
the immediate knowledge
of
which
would
clearly
have
an
adverse
effect
upon
the
finances
of
the
public
entity;
(2)
subjects
that
tend
to
prejudice
the
reputation
and
character
of
any
person,
provided
the
person
may
request
a
public
discussion
(Note:
the
subject
individual
must
be
provided
personal
notice
and
be
informed
of
the
option
to
request
public
discussion);
(3)
matters
which
by
law,
municipal
charter,
or
ordinance
are
required
to
be
confidential;
(4)
matters
involving
consideration
of
government
records
that
by
law
are
not
subject
to
public
disclosure.
In
addition
to
the
subjects
that
may
be
discussed
in
executive
session,
there
are
certain
meetings
of
a
government
body
of
a
public
entity
that
are
excluded
from
the
public
notice
requirements
of
the
act (AS
44.62.310(d)).
The
types
of
meetings
most
frequently
encountered
by
local
governments
that
would
be
exempt
are:
- meetings
to
perform
a
quasi
judicial
function
(though
excluded
from
the
Open
Meetings
Act,
constitutional
due
process
requires
individual
notice
if
an
individual's
rights
are
involved);
- meetings
to act on professional qualifications,
privileges, or discipline;
- staff
or employee group meetings; and
- member
meetings of national, state,
or regional organizations at
which no business of the government
body is conducted.
The
best
rule
of
thumb
to
follow
is
if
in
doubt,
provide
notice.
Is
secret ballot voting allowed
under the act?
In
addition
to
requiring
that
deliberations
of
a
governing
body
be
open
to
the
public,
the
act
also
requires
that
the
vote
shall
be
conducted
in
such
a
manner
that
the
public
may
know
the
vote
of
each
person
entitled
to
vote,
including
meetings
conducted
by
teleconference.
The
one
exception
is organizational
meetings
of
a
governing
body
to
elect
members
to
various
offices,
which
are
exempted
from
the
requirement
that
the
vote
of
each
member
be
made
public
(AS
44.62.
310(a)).
Is
telephone polling considered
a violation of the Open Meetings
Act?
Whether
a
phone
poll
by
a
member
or
agent
of
the
governing
body
would
be
considered
a
violation
of
the
act,
depends
on
the
subject
matter.
If
the
matter
involves
an
administrative
or
procedural
issue
that
would
not
warrant
public
discussion,
a
phone
poll
may
be
conducted.
If,
however,
the
phone
poll
touches
on
an
issue
that
should
be
discussed
in
an
open
meeting
or
can
have
the
effect
of
swaying
opinion
on
a
public
issue,
it
could
be
considered
a
violation
of
the
act.
Who
enforces the Open Meetings Act?
It
is
the
responsibility
of
the
administration
and
governing
body
to
assure
that
the
provisions
of
the
Open
Meetings
Act
are
enforced.
Any
individual
may
contest
an
action
administratively
through
local
channels
that
they
think
was
done
in
violation
of
the
Open
Meetings
Act
and
ultimately
may,
within
180
days, file
a
court
action
if
the
issue
isn't
remedied
locally AS
44.62.310(f).
There
are
several
court
cases
that
have
ruled
in
favor
of
the
Open
Meetings
Act.
When
deciding
these
cases,
the
court
doesn't
just
consider
whether
a
violation
has
occurred,
but
also
considers
whether
the
action
has
interfered
with
the
public
process
that
the
act
was
intended
to
protect.
What
is the cure for a violation of
the Open Meetings Act?
Actions
taken
at
meetings
that
are
found
to
be
in
violation
of
the
Open
Meetings
Act
may
be
voided.
Failing
to
provide
proper
notice
can
cost
a
great
deal
of
money
to
defend
in
addition
to
the
wasted
time
and
effort
involved.
The
governing
body
can
attempt
an
informal
cure
by holding
another
meeting
in
compliance
with
the
Open
Meetings
Act
and
conducting
a
substantial
and
public
reconsideration
of
the
matters.
If
a
lawsuit
is
filed,
the
court
may
void
any
action
taken
by
the
governing
body
if
the
court
finds
that,
considering
all
of
the
circumstances,
the
public
interest
in
compliance
with
the
law
outweighs
the
harm
that
would
be
caused
by
voiding
the
action AS
44.62.310(f)).
In
deciding
whether
to
void
an
action,
the
court
must
consider:
(1)
the
expense
that
may
be
incurred
if
the
action
is
voided;
(2)
the
disruption
that
may
be
caused
if
the
action
is
voided;
(3)
the
possibility
of
additional
litigation
if
the
action
is
voided;
(4)
the
extent
to
which
the
subject
has
previously
been
considered
in
compliance
with
the
act;
(5)
the
amount
of
time
that
has
passed
since
the
action
was
taken;
(6)
the
degree
to
which
the
action
has
come
to
be
relied
on;
(7)
whether
and
to
what
extent
the
governmental
body
has,
before
or
after
the
lawsuit
was
filed,
engaged
in
or
attempted
to
engage
in
public
reconsideration
of
the
matter;
(8)
the
degree
to
which
the
violations
were
willful,
flagrant,
or
obvious;
(9)
the
degree
to
which
the
governing
body
failed
to
adhere
to
the
policy
under
AS
44.62.312
(a).
This
does
not
apply
to
an
advisory
only
body
that
that
has
no
authority
to
establish
policies
and
make
decisions
for
the
public
entity
(AS
44.62.310(g)).
What
effect does attorney client privilege
have in dealings between a public
entity and its attorney?
Executive
session
procedure
requires
that
the
reason
for
calling
the
executive
session
is
clearly
stated.
The
attorney-client
privilege
exemption
to
the
Open
Meetings
Act
is
limited
to
matters
where
public
interest
may
be
injured.
This
might
include
how
to
avoid
legal
liability,
litigation
strategies
and
candid
discussion
of
facts,
a proposed
settlement
conference,
and
a
conference
on
a
decision
to
appeal.
In
addition to the rights protected
under the Open Meetings Act,
what rights can the public expect
under state law?
In
addition
to
the
rights
protected
under
the
Open
Meetings
Act
Title
29
reiterates
the
requirement
that
all
meetings
be
open
to
the
public
and
also
provides
that
the
public
will
have
the
right
to
be
heard
at
regular
and
special
meetings AS
29.20.020.
AS
29.20.160 lays
out
the
procedures
that
a
governing
body
must
follow
in
conducting
its
meetings.
These
procedures
include:
- Provision
for identification of the presiding
and deputy-presiding officers;
- The
requirement that the governing
body hold at least one regular
monthly meeting, unless otherwise
provided by ordinance;
- The
requirement that the governing
body shall provide at least 24-hours
notice for special meetings or
absent members must waive the
notice requirement;
- Clarification
on how actions of the governing
body are adopted and what constitutes
a quorum;
- The
requirement that all members
present shall vote on every question,
unless required to abstain; and
- The
requirement that a governing
body maintain a journal of its
proceedings that is available
to the public.
AS
29.20.380 assigns
certain
meeting
duties
and
responsibilities
to
the
municipal
clerk.
These
include:
- Attendance
at public meetings;
- Keeping
the journal;
- Assuring
that notice and other requirements
for public meetings are complied
with;
- Assuring
that public records are available
for public inspection;
- Managing
and maintaining public records;
and
- Preparing
agendas and agenda packets.
Who
enforces the local rules under
which a municipality conducts
its meetings?
Governing
bodies
must
have
procedures
in
place
and
follow
them
for
their
meetings.
Some
of
these
procedures
are
in Title
29 and
other
statutes.
Others
are
in
the
local
ordinances,
which
are
usually
more
specific
and
detailed
than
Title
29,
or
in
rules
of
procedure
adopted
by
the
governing
body.
Essentially,
the
presiding
officer
enforces
the
rules
by
following
them
when
conducting
a
meeting
and,
when
there
is
a
question
of
procedure,
the
clerk,
acting
as
parliamentary
advisor,
researches
the
question
and
proposes
an
answer,
which
the
presiding
officer
then
rules
on.
Members
of
the
public
also
enforce
the
rules by
questioning
whenever
something
occurs
that
doesn't
seem
to
follow
the
rules.
The
last
resort
for
enforcement
is
a
lawsuit.
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