Sec. 1, eff. (2) in which transportation to the meeting location is dangerous or difficult as a result of the disaster or emergency. September 1, 2017. Though the trainings are offered at NO CHARGE, we do ask that you RSVP to Heather Sandoval at roadshows@nmag.gov or by telephone at (505) 717-3581. Added by Acts 2009, 81st Leg., R.S., Ch. 1367 (H.B. 551.1281. (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. 1046, Sec. Sec. 551.128. Acts 2005, 79th Leg., Ch. 1, eff. 7. Acts 2021, 87th Leg., R.S., Ch. Sec. (d) 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 where the quorum is present and shall be recorded. Attorney General Balderas issued the following guidance to public entities across the State of New Mexico regarding their ongoing obligations to comply with the Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) during the state of emergency in New Mexico. Open Government Hotline (512) 478-6736 Toll Free: (877) 673-6839 Public Information Act Handbook Download the Public Information Act Handbook (PDF) 2, eff. 1, eff. 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. Sec. PERSONNEL MATTERS; CLOSED MEETING. 15, eff. Do you have a compliance guide for the Inspection of Public Records Act? 342 (H.B. June 15, 2007. The Open Meetings Act, however, does not permit the taking of a vote on such a matter at that meeting. Added by Acts 1993, 73rd Leg., ch. This section does not limit the right of a public power utility governing body to hold a closed session under any other exception provided for in this chapter. 1, eff. 302 Open Meeting Act Public Policy 25 O.S. (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. If the governmental body is unable to convene the open meeting within those 72 hours, the governmental body may subsequently convene the meeting only if the governmental body gives written notice of the meeting as required by this subchapter. (a-1) A governmental body may not deliberate or take action on a matter at a meeting for which notice or supplemental notice is posted under Subsection (a) other than: (1) a matter directly related to responding to the emergency or urgent public necessity identified in the notice or supplemental notice of the meeting as provided by Subsection (c); or. BOARD OF TRUSTEES OF TEACHER RETIREMENT SYSTEM OF TEXAS: QUORUM PRESENT AT ONE LOCATION. 538 (S.B. 87 (S.B. Acts 2005, 79th Leg., Ch. 1, eff. In this chapter: (1) "Closed meeting" means a meeting to which the public does not have access. Amended by Acts 2001, 77th Leg., ch. (b) An emergency or an urgent public necessity exists only if immediate action is required of a governmental body because of: (1) an imminent threat to public health and safety, including a threat described by Subdivision (2) if imminent; or. 11.011, eff. 5, eff. 551.0015. (a) The presiding officer of a governmental body, or the member of a governmental body who calls an emergency meeting of the governmental body or adds an emergency item to the agenda of a meeting of the governmental body, shall notify the news media of the emergency meeting or emergency item as required by this section. Added by Acts 2003, 78th Leg., ch. (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. 21.001(49), eff. Attorney General, regarding St. 2022, c.107, which extended the remote meeting provisions of COVID-19 Order #1 to March 31, 2023. Rev. Meetings Act, KRS 61.800 to 61.850, and the Open Records Act, KRS 61.870 to 61.884, and contains basic information about the Acts. If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly: (1) announces that a closed meeting will be held; and. 11), Sec. 551.076. 685 (H.B. ADDITIONAL POSTING REQUIREMENTS FOR CERTAIN MUNICIPALITIES, COUNTIES, SCHOOL DISTRICTS, JUNIOR COLLEGE DISTRICTS, DEVELOPMENT CORPORATIONS, AUTHORITIES, AND JOINT BOARDS. their meetings, whether open or closed, and a verbatim record. 12.16, eff. 1325 (S.B. Sec. (a) The secretary of state must post notice on the Internet of a meeting of a state board, commission, department, or officer having statewide jurisdiction for at least seven days before the day of the meeting. 239), Sec. (f) The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference call must be clearly stated before the party speaks. 523), Sec. (b) A governmental body may have no more than one online message board or similar Internet application to be used for the purposes described in Subsection (a). 1, eff. (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. May 18, 2013. (2) to hear a complaint or charge against a member of an advisory body. The OMA declares that it is the intent of the Act that public bodies take action (vote) in open meetings, and that public bodies deliberateopenly. (b) The attorney general shall ensure that the training is made available. 551.0035. Sept. 1, 2003. June 17, 2011. (1) the Texas Department of Insurance, as regards proceedings and activities under Title 5, Labor Code, of the department, the commissioner of insurance, or the commissioner of workers' compensation; or. 228), Sec. 2313), Sec. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. 8, eff. 268, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sec. 471), Sec. Amended by Acts 1999, 76th Leg., ch. 1, eff. 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. (b) A meeting may be held by videoconference call only if a quorum of the governmental body is physically present at one location of the meeting, except as provided by Subsection (c). 1341 (S.B. 842 (H.B. (2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. 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. June 4, 2001. 268, Sec. (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. 551.021. 551.090. Sept. 1, 1999; Acts 1999, 76th Leg., ch. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. A board member who participates remotely in any portion of a board meeting by telephone conference call is considered to have participated in the entire board meeting by telephone conference call. al.) Sec. 3, eff. 1, eff. 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.) Added by Acts 2019, 86th Leg., R.S., Ch. (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. Sec. 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 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. Added by Acts 2005, 79th Leg., Ch. The Open Meeting Law requires public bodies to follow certain rules when conducting business in meetings. 551.085. (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. Sept. 1, 1993. 2668), Sec. 2, eff. 809 (H.B. 314 Violations Misdemeanor Penalty, Oklahoma Department of Libraries 2278), Sec. A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions of this chapter. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1999. (b) A governmental body that is prevented from convening an open meeting that was otherwise properly posted under Section 551.041 because of a catastrophe may convene the meeting in a convenient location within 72 hours pursuant to Section 551.045 if the action is taken in good faith and not to circumvent this chapter. (a) This section applies only to a governmental body described by Sections 551.001(3)(B)-(L). 7), Sec. Added by Acts 1999, 76th Leg., ch. SUBCHAPTER F. MEETINGS USING TELEPHONE, VIDEOCONFERENCE, OR INTERNET. The Open Meetings Act explicitly lists a commissioners court as a governmental body. 885 (H.B. posting requirements in the event of an emergency, which is . (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. The certificate must be maintained by the member's governmental body and made available for public inspection upon request. (3) have two-way audio and video communications with each participant in the meeting during the entire meeting. (b) A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item. and no electronic notice issued pursuant to this act shall be deemed to substitute for, or be considered in lieu of, such adequate notice. (g) The governmental body shall make at least an audio recording of the meeting. The Washington Open Public Meetings Act (OPMA), codified in chapter 42.30 RCW, requires that all meetings of governing bodies of public agencies, including cities, counties, and special purpose districts, be open to the public. The Tennessee Open Meetings Act requires notice of the meeting itself but does not specifically require notice of the content of the meeting. Your right to attend public meetings is protected. Public notice requirements - a meeting of a public body cannot be held unless public notice is given consistent with the . Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. 2, eff. (a) Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility. The purpose for a public meeting is to allow the public to observe the affairs of government, which may not include obtaining citizen input. 861 (H.B. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or. (a) The board shall not take action on any item of business outside of a board meeting. SUBCHAPTER E. PROCEDURES RELATING TO CLOSED MEETING. However, evidence that a defendant completed a course of training offered under this section is not prima facie evidence that the defendant knowingly violated this chapter. Acts 2019, 86th Leg., R.S., Ch. (c) In this section, "catastrophe" means a condition or occurrence that interferes physically with the ability of a governmental body to conduct a meeting, including: (1) fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm; (2) power failure, transportation failure, or interruption of communication facilities; (4) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. September 1, 2007. 1, eff. (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. OPEN MEETINGS TRAINING. Sept. 1, 2001. Sept. 1, 1999. 283), Sec. TEXAS FACILITIES COMMISSION: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. (c) The attorney general may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of Section 551.045(a-1) by members of a governmental body. 3, eff. 685 (H.B. September 1, 2021. Sec. (b) Notwithstanding Section 551.103(a), the commission must make a recording of the proceedings of a closed meeting held under this section. 551.0501. Acts 2007, 80th Leg., R.S., Ch. (e) The governmental body may not vote or take any action that is required to be taken at a meeting under this chapter of the governmental body by posting a communication to the online message board or similar Internet application. NOTICE OF MEETING REQUIRED. 3357), Sec. June 10, 2019. Sec. September 1, 2011. (d) A recording made under Subsection (a) must include announcements by the presiding officer at the beginning and the end of the meeting indicating the date and time. 494), Sec. Aug. 30, 1999. WATER DISTRICTS. Added by Acts 1993, 73rd Leg., ch. 551.144. 1, eff. 645 (S.B. CONSULTATIONS BETWEEN GOVERNMENTAL BODY AND ITS ATTORNEY. 551.047. The governmental body shall provide on the Internet site the same notice of the meeting that the governmental body is required to post under Subchapter C. The notice on the Internet must be posted within the time required for posting notice under Subchapter C. Added by Acts 1999, 76th Leg., ch. The Texas Department of Information Resources publishes the Videoconferencing Standards (pdf) with which school boards must comply in order to meet by video conference. June 17, 2005. MEETING NOTICE REQUIREMENTS IN CERTAIN CIRCUMSTANCES. of all their closed meetings in the form of an audio or video. 1319, Sec. 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. May 18, 2013. 16, eff. Acts 2013, 83rd Leg., R.S., Ch. (iii) was incorporated before January 1, 2006. Sec. 3827), Sec. The Act permits public bodies to discuss some topics confidentially. 14, eff. Who is subject to OMA? Added by Acts 2013, 83rd Leg., R.S., Ch. INTERNET BROADCAST OF OPEN MEETING. This communication is public information and must be disclosed in accordance with Chapter 552. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR RECORDING; OFFENSE; PENALTY. 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. This pamphlet was written with the individual board member in . (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. 268, Sec. 1, eff. 471), Sec. Section 78a et seq. 679), Sec. (b) Subsection (a) does not apply if the individual who is the subject of the deliberation or hearing requests a public hearing. A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body. Acts 2021, 87th Leg., R.S., Ch. 551.0785. Acts 2015, 84th Leg., R.S., Ch. 551.079. (2) a matter that includes a consideration of information in the medical or psychiatric records of an individual applicant for a benefit from the plan. 944, Sec. Acts 2009, 81st Leg., R.S., Ch. The recording shall be made available to the public. The notice of a legislative committee meeting shall be as provided by the rules of the house of representatives or of the senate. May 18, 2013. REGULAR MEETING POSTING REQUIREMENTS Public bodies which have a regular meeting schedule 551.055. 551.104. 87 (S.B. If the problem is not resolved in six hours or less, the meeting must be adjourned. 87 (S.B. 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