1, eff. 1, eff. (c) Subsection (a) does not apply if an open meeting about the matter is requested in writing by a parent or guardian of the student or by the student if the student has attained 18 years of age. 159 (S.B. (a) In this section, "board" means the Texas Higher Education Coordinating Board. 1229, Sec. Open Meetings Act, with the exception of meetings of a Working Group. (e) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be recorded. 1969), Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 471), Sec. Sept. 1, 1993. 8-44-103. 551.126. 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. (2) maintain the archived recording on the Internet for not less than two years after the date the recording was first made available. (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. 551.023. 1236 (S.B. June 17, 2011. STATE GOVERNMENTAL BODY: NOTICE TO SECRETARY OF STATE; PLACE OF POSTING NOTICE. September 1, 2009. (g) The governmental body shall make at least an audio recording of the meeting. The minutes and recordings of an open meeting are public records and shall be available for public inspection and copying on request to the governmental body's chief administrative officer or the officer's designee. (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. 12, eff. 1, eff. May 18, 2013. June 17, 2011. Public notice shall be posted at least 18 hours before the meeting in a prominent and conspicuous place at public body's principal office. 551.0035. At the time of an open meeting, a public body is not required to disseminate or (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. ( Civ. May 23, 2015. 2, eff. If the problem is not resolved in six hours or less, the meeting must be adjourned. (2) agreed to reimburse the governmental body for the cost of providing the special notice. Due to the COVID-19 State of Emergency and the Governors Orders, the Office of the Attorney General will not have in person trainings for Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) at this time. September 1, 2015. 1969), Sec. 3, eff. 87 (S.B. An action taken by a governmental body in violation of this chapter is voidable. This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity. 471), Sec. Sec. GOVERNING BODY OF MUNICIPALITY OR COUNTY: REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE TAKEN. Added by Acts 2001, 77th Leg., ch. This law guarantees that Alabama's citizens have open access to agencies, boards, commissions, and other governmental bodies which conduct the people's business. 3, eff. 551.043. The Texas Open Meetings Act requires the open meeting notices of the Joint Admission Medical Program (JAMP) to be posted at least 7 days in advance of the meeting (because JAMP has statewide jurisdiction and is not the governing body of an institute of higher education.) (c) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. (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. June 17, 2011. 87 (S.B. 87 (S.B. Sec. Second, to provide an opportunity for public comment. This chapter does not require a school board operating under a consultation agreement authorized by Section 13.901, Education Code, to conduct an open meeting to deliberate the standards, guidelines, terms, or conditions the board will follow, or instruct its representatives to follow, in a consultation with a representative of an employee group. June 2, 2003. The Open Meetings Act (OMA) is a state law, which provides the statutory guidelines for conducting public meetings. (b) On written request of a district resident made to the district not later than the third day before a public hearing to consider the adoption of an ad valorem tax rate, the district shall make an audio recording of reasonable quality of the hearing and provide the recording to the resident in an electronic format not later than the fifth business day after the date of the hearing. June 17, 2011. (c) A meeting of a state governmental body or a governmental body that extends into three or more counties may be held by videoconference call only if the member of the governmental body presiding over the meeting is physically present at one location of the meeting that is open to the public during the open portions of the meeting. Sec. 455 (S.B. Audio recording of open meetings of the state's political subdivisions are not required to be on the website, but must be otherwise available to the public. Sch. 471), Sec. 1640), Sec. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. Sec. (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. (a) This chapter does not prohibit the governing board of a junior college district from holding an open or closed meeting by telephone conference call. (3) have two-way audio and video communications with each participant in the meeting during the entire meeting. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW. 679), Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (d) A meeting held by videoconference call is subject to the notice requirements applicable to other meetings in addition to the notice requirements prescribed by this section. 3.07, eff. Added by Acts 1993, 73rd Leg., ch. TIME AND ACCESSIBILITY OF NOTICE; GENERAL RULE. (b-6) A governmental body described by Subsection (b-1) may broadcast a regularly scheduled open meeting of the body on television. 842 (H.B. Sec. 494), Sec. Sec. This . Sec. June 14, 2013. (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. September 1, 2011. 679), Sec. The Act permits public bodies to discuss some topics confidentially. FOIA. Oldham v. Drummond Bd. 551.090. Acts 2011, 82nd Leg., R.S., Ch. 809 (H.B. 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. 551.085. 306 Vote by Electronic or Telephonic Communications 25 O.S. (d) The governing board of a junior college district is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control. The new Open Meetings Act, which replaces the old "Sunshine Law," provides you with greater access to your state and local government. 1, eff. September 1, 2017. 884 (H.B. 258 (S.B. 1, eff. Attorneys General & Land Grant-Merced and Acequia Historical Gallery and Repository, Land Grant-Merced and Acequia Historical Gallery & Repository, Opinion Request Preliminary Approvals Under the Water Use Leasing Act, 1.24.25 NMAC Default Procedural Rule for Rulemaking, Attorney General Advisory on Janus Decision, Study Law Enforcement Body Camera Issues Stakeholders Summary Report, Jerry Jay Sentenced to 33 Years in Prison for the Murder of, New Mexico Attorney General Ral Torrez and Senator Antonio Maestas Present the Tyler Lackey Memorial Bill. 778 (H.B. The recording shall be made available to be heard by the public at one or more places designated by the board. The provisions of the Open Meeting Act contain requirements that: Prohibit the board from taking action on an "item of business" outside of a board meeting. 293), Sec. Oklahoma's Open Meetings Act(25 O.S. DELIBERATION REGARDING TEST ITEM. SCHOOL DISTRICT: SPECIAL NOTICE TO NEWS MEDIA. Sec. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. Lewis v. Cleveland Mun. Sept. 1, 1993. Sec. school district made a good faith attempt to comply with the posting requirements. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. See, e.g., 89 (b) The attorney general shall ensure that the training is made available. This section does not apply to a governmental body described by Section 551.001(3)(D). The Open Meetings Act requires a public body to provide notice "as early as possible, but not less than 48 hours or 2 business days, whichever is greater, before a meeting.". 937 (H.B. September 1, 2009. 1004, Sec. (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. 622, Sec. The office of the attorney general may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity. Sec. 551.079. (4) members of the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D, Insurance Code. HIGHER EDUCATION COORDINATING BOARD. 3.06, eff. Acts 2007, 80th Leg., R.S., Ch. 551.075. DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING. May 18, 2013. (b) The attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature is not considered to be a meeting of that governmental body if the deliberations at the meeting by the members of that governmental body consist only of publicly testifying at the meeting, publicly commenting at the meeting, and publicly responding at the meeting to a question asked by a member of the legislative committee or agency. (3) may grant legal or equitable relief it considers appropriate, including an order that the governmental body make available to the public the certified agenda or recording of any part of a meeting that was required to be open under this chapter. September 1, 2009. (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. Under subsection (1) of this section, the Legislature has imposed only two conditions on the public body's notification method of a public meeting: (1) It must give reasonable advance publicized notice of the time and place of each meeting and (2) it must be recorded in the public body's minutes. 1499), Sec. 1, eff. 5.01(a), eff. 115 (S.B. Minutes shall include, but need not be limited to: (1) the date, time and place of the meeting; (d) The governing board of a general academic teaching institution or of a university system is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control. 551.144. 165 (S.B. 209, Sec. Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. (a) This section only applies to a special purpose district subject to Chapter 51, 53, 54, or 55, Water Code, that has a population of 500 or more. How does a charity register with the Attorney Generals Office? 14, eff. June 15, 2007. 3560), Sec. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. 2313), Sec. Added by Acts 1995, 74th Leg., ch. posting requirements in the event of an emergency, which is . 1084, Sec. Acts 2007, 80th Leg., R.S., Ch. SCHOOL BOARD: PERSONALLY IDENTIFIABLE INFORMATION ABOUT PUBLIC SCHOOL STUDENT. A Guide to the New Jersey Sunshine Law. REGULAR MEETING POSTING REQUIREMENTS Public bodies which have a regular meeting schedule 551.121. 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. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO FEWER THAN FOUR COUNTIES: NOTICE TO PUBLIC AND COUNTY CLERKS; PLACE OF POSTING NOTICE. MINUTES AND RECORDINGS OF OPEN MEETING: PUBLIC RECORD. (c) A meeting held by telephone conference call authorized by this section may be held only if: (1) the meeting is a special called meeting and immediate action is required; and. 10:4-6 et seq.) Open Public Meetings Act does not apply. Amended by Acts 1997, 75th Leg., ch. 1, eff. 1, eff. 551.0821. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Open Meetings Act Meeting Notice Published online in TASB School Law eSource 1. (b) The minutes must: (1) state the subject of each deliberation; and (2) indicate each vote, order, decision, or other action taken. Sec. Tenn. Code Ann. September 1, 2019. 161 (S.B. (M) a board of directors of a reinvestment zone created under Chapter 311, Tax Code. This chapter does not require the Credit Union Commission to conduct an open meeting to deliberate a matter made confidential by law. (b) Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought. . Acts 2009, 81st Leg., R.S., Ch. 200 NE 18 Street In no event shall a communication or posting to the online message board or similar Internet application be construed to be an action of the governmental body. 494), Sec. 551.1281. Laws and Regulations Affecting Oklahoma Libraries, Oklahoma Historical Records Advisory Board, Schedule Appointment for Special Collections, Public Libraries - (County and Municipal), Library Services and Technology Act (LSTA), Statutes and Rules: Oklahoma Department of Libraries, Statutes and Rules: Public Libraries - (County), Statutes and Rules: Public Libraries - (County and Municipal), Vote by Electronic or Telephonic Communications, Meeting between Governor and Majority Members of Public Body, Executive Sessions, Legislative Committee Members Attending, Actions Taken in Willful Violation of Act. The AG's Open Government Training Information website includes free OMA training videos and related information for governmental officials. The purpose of the presentation is to educate and assist New Mexicans regarding the importance of transparency and compliance, as well as the rights of the public under New Mexicos Sunshine Laws, the Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA). (a) This section applies only to the governing board of a junior college district with a total student enrollment of more than 20,000 in any semester of the preceding academic year. 630, Sec. (3) record the broadcast and make that recording publicly available in an online archive located on the institution's or university system's Internet website. June 15, 2007. Specifically, this extension allows public bodies to continue holding meetings remotely without a . The recording shall be made available to the public. 4, eff. 32, eff. 2, eff. 15, eff. collective bargaining. REQUIREMENT TO FIRST CONVENE IN OPEN MEETING. (a) In an emergency or when there is an urgent public necessity, the notice of a meeting to deliberate or take action on the emergency or urgent public necessity, or the supplemental notice to add the deliberation or taking of action on the emergency or urgent public necessity as an item to the agenda for a meeting for which notice has been posted in accordance with this subchapter, is sufficient if the notice or supplemental notice is posted for at least one hour before the meeting is convened. Sec. The Open Meeting Law requires public bodies to follow certain rules when conducting business in meetings. Acts 2009, 81st Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 861 (H.B. (d) A meeting held by telephone conference call must otherwise comply with the procedures under Sections 551.125(c), (d), (e), and (f). (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. Sec. 3827), Sec. (b) The secretary of state shall post the notice provided under Subsection (a)(2) on the Internet. (c) The online message board or similar Internet application described in Subsection (a) may only be used by members of the governmental body or staff members of the governmental body who have received specific authorization from a member of the governmental body. 3357), Sec. . 3, eff. June 15, 2007. Sept. 1, 1993. 11), Sec. al.) Acts 2015, 84th Leg., R.S., Ch. May 23, 2015. No. 17, eff. (a) The governing body of a water district or other district or political subdivision that extends into fewer than four counties shall: (1) post notice of each meeting at a place convenient to the public in the administrative office of the district or political subdivision; and. (a) This chapter does not require the commissioners court of a county to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a member of an advisory body; or. 1, eff. 76, Sec. May 18, 2013. For a meeting of the governing board of a university system, the notice must specify as the location of the meeting the board's conference room at the university system office. HTML PDF. September 1, 2007. If not, the meeting must be treated as a special meeting, and all of the limitations and requirements for special meetings apply. May 18, 2013. 551.002. 592), Sec. 307.1 Videoconference Exceptions, 25 O.S. May 10, 2013. Oklahoma City, OK 73105, Office Hours: This chapter does not require an enforcement committee appointed by the Texas State Board of Public Accountancy to conduct an open meeting to investigate and deliberate a disciplinary action under Subchapter K, Chapter 901, Occupations Code, relating to the enforcement of Chapter 901 or the rules of the Texas State Board of Public Accountancy. 6.006, eff. 1147 (H.B. This communication is public information and must be disclosed in accordance with Chapter 552. Committees that are appointed by the 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. 551.143. The "Sunshine Law," otherwise known as the Open Public Meetings Act (OPMA), gives the public the right to be present at meetings of public bodies and to witness in full detail the deliberation, policy formulation and decision making of public bodies. Supp. 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. The Brown Act is contained in section 54950 et seq. GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. The first 90 minutes of each presentation addresses OMA followed by IPRA, and individuals can attend either or both trainings. Sec. 268, Sec. CONSULTATIONS BETWEEN GOVERNMENTAL BODY AND ITS ATTORNEY. May 18, 2013. (c) To the extent practicable under the circumstances, the commissioners court shall provide reasonable public notice of a meeting under this section and if the meeting is an open meeting allow members of the public and the press to observe the meeting. 268, Sec. Added by Acts 1993, 73rd Leg., ch. Excerpt: City of Milan Council Rules of Procedure . September 1, 2007. Amended by Acts 1999, 76th Leg., ch. 551.053. The Open Meetings Act, however, does not permit the taking of a vote on such a matter at that meeting. 622, Sec. June 17, 2005. 1, eff. Amended by Acts 1999, 76th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. Code 4910 (a); See also " No Action Without a Meeting .") Sec. Acts 2007, 80th Leg., R.S., Ch. (2) the Texas Higher Education Coordinating Board. (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. Added by Acts 2015, 84th Leg., R.S., Ch. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. It generally requires these bodies to publicly notice their meetings, prepare agendas, accept public testimony and conduct their meetings in public unless specifically authorized to meet in closed session. 3, eff. (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. 1, eff. Sec. 3, eff. 11.014, eff. 1046), Sec. (1) a statement of the subject matter of each deliberation; (2) a record of any further action taken; and. (c) Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the institution or university system certifies are confidential or may be withheld from public disclosure under Chapter 552. 25 O.S. 551.0411. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS. (B) except as otherwise provided by this subdivision, a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and. PROHIBITED SERIES OF COMMUNICATIONS; OFFENSE; PENALTY. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. 1640), Sec. 471), Sec. Sec. 20 (S.B. 1, eff. 551.0745. Act 267 of 1976. 1440), Sec. What should a school board meeting notice contain to comply with the Texas Open . 1, eff. 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