Acts 2015, 84th Leg., R.S., Ch. Supp. (b) The minutes must: (1) state the subject of each deliberation; and (2) indicate each vote, order, decision, or other action taken. (1) authorize the members of a governmental body to conduct a meeting of the governmental body by telephone conference call, video conference call, or communications over the Internet; or. 1127 (S.B. In addition, a meeting held by video conference call shall: Added by Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 268, Sec. September 1, 2013. 21.001(50), eff. 471), Sec. The open portions of the meeting must be audible to the public at the location where the quorum is present and be recorded at that location. 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. The Act permits public bodies to discuss some topics confidentially. (a) In this section, "general academic teaching institution" and "university system" have the meanings assigned by Section 61.003, Education Code. Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 551.042. CONSULTATIONS BETWEEN GOVERNMENTAL BODY AND ITS ATTORNEY. Open Meetings Act Meeting Notice Published online in TASB School Law eSource 1. 2414), Sec. (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. (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. Committees that are appointed by the Added by Acts 1993, 73rd Leg., ch. Sec. June 17, 2011. 1, eff. Sec. The face of each participant in the videoconference call, while that participant is speaking, shall be clearly visible, and the voice audible, to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the physical location described by Subsection (e) and at any other location of the meeting that is open to the public. Sec. 18.23, eff. (2) identifies the section or sections of this chapter under which the closed meeting is held. (c) It is an affirmative defense to prosecution under Subsection (a) that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body. 551.073. of Ed., 1975 OK 147, 542 P.2d 1309. . (A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members; (B) a county commissioners court in the state; (C) a municipal governing body in the state; (D) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality; (E) a school district board of trustees; (H) the governing board of a special district created by law; (I) a local workforce development board created under Section 2308.253; (J) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; (K) a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code; (L) a joint board created under Section 22.074, Transportation Code; and. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. NOTICE OF MEETING REQUIRED. 1, eff. (a) A communication or exchange of information between members of a governmental body about public business or public policy over which the governmental body has supervision or control does not constitute a meeting or deliberation for purposes of this chapter if: (2) the writing is posted to an online message board or similar Internet application that is viewable and searchable by the public; and. However, any additional procedure that a governmental body adopts for the conduct of its meetings must be consistent with the Open Meetings Act. 647 (H.B. (c) Except as provided by Subsection (b-2), a governmental body that broadcasts a meeting over the Internet shall establish an Internet site and provide access to the broadcast from that site. September 1, 2017. The location where the member of the governmental body presiding over the meeting is physically present shall be open to the public during the open portions of the meeting. 3, eff. 104 (S.B. 1182), Sec. This chapter does not require a medical board or medical committee to conduct an open meeting to deliberate the medical or psychiatric records of an individual applicant for a disability benefit from a public retirement system. This subsection does not apply to public criticism that is otherwise prohibited by law. PROHIBITED SERIES OF COMMUNICATIONS; OFFENSE; PENALTY. 306 Vote by Electronic or Telephonic Communications 25 O.S. Acts 2011, 82nd Leg., R.S., Ch. May 18, 2013. 7), Sec. September 1, 2013. Added by Acts 2003, 78th Leg., ch. 622, Sec. This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) the deployment, or specific occasions for implementation, of security personnel or devices; or. Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 3357), Sec. 690), Sec. MEETING REQUIREMENTS DURING A DISASTER DECLARATION 1) Standard 48-hour notice of a meeting must be provided, except for an emergency meeting, to all members of the 471), Sec. 11.014, eff. 551.082. (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. HIGHER EDUCATION COORDINATING BOARD. 1046), Sec. 925 (S.B. 36 (S.B. (g) A certificate of course completion is admissible as evidence in a criminal prosecution under this chapter. 494), Sec. 551.052. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (b-2) A governmental body described by Subsection (b-1) may make available the archived recording of a meeting required by Subsection (b-1) on an existing Internet site, including a publicly accessible video-sharing or social networking site. 1667), Sec. May 18, 2013. (3) an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time. (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. 1201 (S.B. 1, eff. 471), Sec. 551.046. Acts 2009, 81st Leg., R.S., Ch. Open Government Division Advisory During COVID-19 State of Public Health Emergency. 159 (S.B. (d) For purposes of Section 551.041, the notice of the subject matter of an item that may be considered as a competitive matter under this section is required to contain no more than a general representation of the subject matter to be considered, such that the competitive activity of the public power utility with respect to the issue in question is not compromised or disclosed. Added by Acts 2013, 83rd Leg., R.S., Ch. Ohio's Open Meetings Act (Ohio Revised Code Section 121.22) requires the board to conduct that business in an open meeting that the public may attend and observe. This manual only addresses the Maryland Open Meetings Act, 3-101 through 3-501 of the General Provisions Article of the Maryland Code. (e) For purposes of Subsection (b)(2), the sudden relocation of a large number of residents from the area of a declared disaster to a governmental body's jurisdiction is considered a reasonably unforeseeable situation for a reasonable period immediately following the relocation. Acts 2007, 80th Leg., R.S., Ch. The Open Meeting Act Made Easy is a handbook in a question and answer format that covers the most frequently asked questions about the Texas Open Meetings Act ("the Act"). September 1, 2011. 1, eff. (i) The Department of Information Resources by rule shall specify minimum standards for audio and video signals at a meeting held by videoconference call. 1, eff. (a) Except as otherwise provided by this section, this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call. 87 (S.B. 1084, Sec. (6) announcements involving an imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting of the agenda. 1, eff. 564), Sec. (c) Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the district certifies are confidential or may be withheld from public disclosure under Chapter 552. Public notice requirements - a meeting of a public body cannot be held unless public notice is given consistent with the . CONFERENCE RELATING TO INVESTMENTS AND POTENTIAL INVESTMENTS ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH FUND; CLOSED MEETING. The vote of a member of the board who participates in a board or board committee meeting by telephone conference call is counted for the purpose of determining the number of votes cast on a motion or other proposition before the board or board committee. May 27, 2003. April 1, 2009. (8) "Videoconference call" means a communication conducted between two or more persons in which one or more of the participants communicate with the other participants through duplex audio and video signals transmitted over a telephone network, a data network, or the Internet. 3047), Sec. Open Meetings Act, with the exception of meetings of a Working Group. 551.0411. 1, eff. 683 (H.B. 87 (S.B. Sec. A county governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the county courthouse. 2313), Sec. 1, eff. PUBLIC TESTIMONY. 6.006, eff. (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. 1046, Sec. Sept. 1, 1997. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. All votes at any meeting shall be taken in public after due notice of the meeting and compliance with the posting and agenda requirements of this chapter. (1) Pre-registration is available for public presentations through first class mail at P.O. 679), Sec. Minutes shall include, but need not be limited to: (1) the date, time and place of the meeting; (2) an accessible link to the archived recording of each such meeting. These events are open to all interested members and staff of state and local governments, school boards, commissions, media, and the general public. (a) A person in attendance may record all or any part of an open meeting of a governmental body by means of a recorder, video camera, or other means of aural or visual reproduction. Closing a Meeting Public bodies must follow certain requirements when closing a meeting. Acts 2013, 83rd Leg., R.S., Ch. 307.1 Videoconference Exceptions Sept. 1, 1999. Sec. 3.07, eff. (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control. Acts 2007, 80th Leg., R.S., Ch. 2, eff. 551.0015. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. Sec. If post to website, you must also . 1, eff. BOARD OF PARDONS AND PAROLES. (a) Notwithstanding Sections 551.041 and 551.042, a quorum of the governing body of a municipality or county may receive from staff of the political subdivision and a member of the governing body may make a report about items of community interest during a meeting of the governing body without having given notice of the subject of the report as required by this subchapter if no action is taken and, except as provided by Section 551.042, possible action is not discussed regarding the information provided in the report. The Open Meeting Law requires public bodies to follow certain rules when conducting business in meetings. 551.054. 645 (S.B. Some public bodies are additionally subject to open meetings requirements set forth in different laws, such as a county charter or other law applicable only in certain political subdivisions. 809 (H.B. Acts 2007, 80th Leg., R.S., Ch. Sec. 551.0415. (1) may not vote or take final action on a matter during a meeting under this section; and. The governmental body is not required to establish a separate Internet site and provide access to archived recordings of meetings from that site. 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. 1, eff. If no principal office, then post at the meeting location Posted on website in accordance with 74 O.S. 551.128. 306 Vote by Electronic or Telephonic Communications, 25 O.S. (d) A meeting held by video conference call is subject to the notice requirements applicable to other meetings. Sec. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. The term includes a session of a governmental body. This brochure is intended to help you and other Kansans understand the basic requirements of the Open Records Act and the Open Meetings Act. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. (b) The board may hold an open meeting by telephone conference call or video conference call in order to consider a higher education impact statement if the preparation of a higher education impact statement by the board is to be provided under the rules of either the house of representatives or the senate. Sec. The Director has promulgated emergency regulations codified as N.J.A.C. First, to give timely and sufficient public notice of meetings to be held. Distinct from Board Meetings HOA board meetings are subject to the requirements contained within the Open Meeting Act.Some of the more significant requirements are those which require the board to take action only at a properly noticed board meeting, and to allow the association's members to attend open board meetings.However, those requirements do not apply to meetings of HOA committees . 1266, Sec. 551.146. (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or. 87 (S.B. In addition, a meeting held by video conference call shall: (1) be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) be recorded by audio and video; and. Sec. Sections 301-314) requires all public bodies to file advance notice of regularly scheduled and special meetings with the Secretary of State, as well as advance notice of changes in date, time, or location of regularly scheduled meetings. Sec. BOARD OF TRUSTEES OF TEACHER RETIREMENT SYSTEM OF TEXAS: QUORUM PRESENT AT ONE LOCATION. DEFINITIONS. 681 (H.B. 455 (S.B. 551.104. 165, Sec. 551.078. 62, Sec. chance meetings. Sec. 1046), Sec. Sec. 302 Open Meeting Act Public Policy, 25 O.S. September 1, 2007. (2) the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. (c) This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined by Section 552.133. Added by Acts 1993, 73rd Leg., ch. (a) In this section, "Internet" means the largest nonproprietary cooperative public computer network, popularly known as the Internet. Sec. The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, or the attendance by a quorum of a governmental body at a candidate forum, appearance, or debate to inform the electorate, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, press conference, forum, appearance, or debate. September 1, 2021. (b) The notice shall be by telephone, facsimile transmission, or electronic mail. 1038, Sec. In this subsection, "directory information" has the meaning assigned by the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Accordingly, a governing body is not required to post a meeting agenda as part of the public notice required under the Tennessee Open Meetings Act. 25.071, eff. (a) The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting, except as provided by Sections 551.044-551.046. Acts 2011, 82nd Leg., R.S., Ch. Learn about them here. (3) participates in the closed meeting, whether it is a regular, special, or called meeting. (b) The governing board of a health maintenance organization created under Section 281.0515, Health and Safety Code, that is subject to this chapter is not required to conduct an open meeting to deliberate information described by Subsection (a). Complaints about possible violations, or questions pertaining to OMA should be referred to the Open Government Division. 4, eff. 11), Sec. Sept. 1, 1993. Sec. COMMISSIONERS COURTS: DELIBERATION REGARDING DISASTER OR EMERGENCY. This article shall be known and may be cited as the Bagley-Keene Open Meeting Act." Each board has essentially three duties under the Open Meeting Act. June 14, 2013. Sec. May 23, 2015. The public must be given proper notice of such meetings and afforded the opportunity to review recordings of public . SCHOOL DISTRICT: PLACE OF POSTING NOTICE. 1, eff. 11.120, eff. 1319, Sec. Sept. 1, 1999. 87 (S.B. (h) The location specified under Subsection (e), and each remote location from which a member of the governmental body participates, shall have two-way audio and video communication with each other location during the entire meeting. 9.013, eff. Acts 2013, 83rd Leg., R.S., Ch. 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. 50, Sec. Acts 2017, 85th Leg., R.S., Ch. 87 (S.B. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. (a) The Texas Facilities Commission 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 commission votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person; and. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. The bill will amend New Mexico law to preclude a defendant charged with homicide from February 7, 2023 FOR IMMEDIATE RELEASE Albuquerque, NM Today the New Mexico Supreme Court agreed with our appeal and granted the States pretrial detention motion against Joe Anderson after the motion had originally been denied by a district judge Emeterio Rudolfo New Mexico Office of the Attorney General, State of New Mexico Office of the Attorney General. (b) A joint board created under Section 22.074, Transportation Code, shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the board's administrative offices. (b) The secretary of state shall post the notice on the Internet. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. Sept. 1, 1999. 2022). 1, eff. (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. 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. Enhanced website made possible with American Rescue Plan Act funds as administered by Institute of Museum and Library Services. 690 (H.B. OPEN MEETINGS REQUIREMENT. 3, eff. 87 (S.B. The Robert's Rules of Order website . (b) Notwithstanding Section 551.103(a), Government Code, the commissioners court must make a recording of the proceedings of a closed meeting to deliberate the information. The Michigan Open Meetings Act (OMA) requires meetings of a public body to be open to the public and held in a place available to the general public. May 18, 2013. The OMA requires public bodies to give advance notice of public meetings, to make all decisions at meetings open to the public, and to keep minutes of each meeting, which are public records open to public inspection. 27), Sec. September 1, 2019. (1) the governing board of an institution of higher education as defined by Section 61.003, Education Code; or. 209, Sec. 19.01(50), eff. 2381), Sec. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. (3) the meeting is held by an advisory board. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Stat. 2, eff. 984), Sec. 551.086 by Acts 2001, 77th Leg., ch. MANDAMUS; INJUNCTION. Sept. 1, 1995. Added by Acts 1999, 76th Leg., ch. (b) The commissioner of insurance may deliberate and determine the appropriate action to be taken concerning the solvency of a person regulated by the Texas Department of Insurance in a closed meeting with persons in one or more of the following categories: (1) staff of the Texas Department of Insurance; (3) representatives of a regulated person; or. See, e.g., 89 Sec. Acts 2015, 84th Leg., R.S., Ch. At the call of the presiding officer of the Board of Pardons and Paroles, the board may hold a hearing on clemency matters by telephone conference call. Sec. This chapter does not authorize a governmental body to close a meeting that a charter of the governmental body: Sec. (1) a statement of the subject matter of each deliberation; (2) a record of any further action taken; and. Rev. Added by Acts 2011, 82nd Leg., R.S., Ch. 471), Sec. 1, eff. Sec. Renumbered from Sec. If the problem is not resolved in six hours or less, the meeting must be adjourned. 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