Sunshine Law designed to keep government open

Americans have traditionally wanted openness in government. Because the First Amendment to the United States Constitution was a “weak weapon” in maintaining that openness, as the Alabama Press Association’s legal manual puts it, state governments moved to protect it.

Alabama’s Open Meetings Act, the latest “Sunshine Law,” was passed in 2005 and became effective Oct. 1 of that year. According to the act, “governmental bodies” that expend or appropriate public funds (read that tax revenues) must, with certain exceptions, conduct their business in meetings open to and known about by the public.

Among meetings covered by the act are these:

The prearranged gathering of a quorum of a government body or of one of its committees or subcommittees at a time and place set by law.

The prearranged gathering of such a quorum when it is authorized, by law or otherwise, to approve expenditure of public funds or otherwise exercise its powers.

The gathering, prearranged or not, of such a quorum when the members deliberate (consult with one another as a process in reaching a decision) specific matters that at the time they expect to come before them later. (A quorum is a majority of the voting members of a body.)

These are occasions not covered by the Open Meetings Law:

When such a quorum attends social gatherings, coventions, conferences, or otherwise gathers, so long as the members do not deliberate specific matters they expect to come before the government body later.

When such a quorum gathers in person or by electronic communication with state or federal officials to report or obtain information or seek support for issues important to their areas.

Among governmental bodies ruled by Open Meetings Act most directly affecting the man on the street are town and city councils and boards of education. County commissins are governed by a separate statute.

NOTICE

Generally all meetings covered under the act must include advance notice – seven days for regular meetings (those prearranged by law), one day for special meetings, one hour for emergency meetings (resignations or emergency circumstances requiring immediate action to avoid physical injury to persons or damage to property).

The notice, posted at a place convenient to the public, must contain the time, date, place, and agendum of the meeting. Although matters not included on the agendum can be discussed, all known matters to be considered should be included.

EXECUTIVE SESSION

Governmental bodies are permitted to enter executive session (one from which the public is excluded) under certain circumstances, though they are never required to do so.

Before entering an executive session, the body must (1) convene an open meeting; (2) move to go into executive session, stating the allowed reason for the session; (3) certify that an executive session is warranted; (4) vote to go into executive session (with each member’s vote open and recorded in the meeting minutes); and (5) state whether the body will reconvene after the session and at what approximate time.

Quorums of bodies can go into executive session to discuss these matters:

1. Job performance (for some individuals), general reputation and character, physical condition, professional competence, and mental health.

2. Formal complaints or charges against an individual or legal entity: (1) public employee; (2) public school/college student; or (3) individual, corporation, partnership, or other entity subject to the regulation of a quorum.

3. With the body’s attorney (1) pending litigation or (2) controversies likely to be litigated if the body takes a proposed course of action. Any deliberation of what action to take concerning pending or threatened litigation must be open. Before an executive session can be voted on, a licensed attorney must give a written opinion or oral declaration that an executive session is warranted. The certification must be reflected in the open meeting minutes.

4. Security plans, procedures, methods, systems, or other security infrastructures as defined by the Homeland Security Act.

5. Criminal investigations and the identify of an undercover agent or informer.

6. Negotiations to buy/sell/lease real property.

7. Preliminary negotiations in trade competition.

8. Negotiations between the quorum and a group of public employees.

9. Public or contested case hearing.

All the above information comes from the Alabama Press Associaiton Legal Manual revised July 2008.