Acts 2013, 83rd Leg., R.S., Ch. Open Records Act and the Kansas Open Meetings Act - are so important. 1, eff. 1613), Sec. 115 (S.B. The notice must also specify: (1) the location of the meeting where a quorum of the board or board committee, as applicable, will be physically present; and. 551.043. (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. Sec. (2) a reasonably unforeseeable situation, including: (A) fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm; (B) power failure, transportation failure, or interruption of communication facilities; (D) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. (b) A governing board to which this section applies, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall: (1) post as early as practicable in advance of the meeting on the Internet website of the district any written agenda and related supplemental written materials provided by the district to the board members for the members' use during the meeting; (3) record the broadcast and make that recording publicly available in an online archive located on the district's Internet website. (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. Exceptions to Agenda Requirements Public Testimony 16 18 18 2. (a) Section 551.041 does not require a governmental body that recesses an open meeting to the following regular business day to post notice of the continued meeting if the action is taken in good faith and not to circumvent this chapter. January 1, 2006. (b) A meeting held by telephone conference call authorized by this section may be held only if a quorum of the governing board is physically present at the location where meetings of the board are usually held. Added by Acts 2003, 78th Leg., ch. Sec. June 17, 2011. May 18, 2013. For a meeting of the Texas Higher Education Coordinating Board, the notice must specify as the location of the meeting a suitable conference or meeting room at the offices of the Texas Higher Education Coordinating Board or at an institution of higher education. (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. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES; DISCIPLINARY MATTER OR COMPLAINT. 18.23, eff. 551.128. Sept. 1, 1999. Acts 2005, 79th Leg., Ch. (a) The requirements of this chapter do not apply to a meeting of the commissioner of insurance or the commissioner's designee with 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, in the discharge of the commissioner's duties and responsibilities to regulate and maintain the solvency of a person regulated by the Texas Department of Insurance. A governmental body that is investigating a matter may exclude a witness from a hearing during the examination of another witness in the investigation. (c) The following governmental bodies and economic development corporations must also concurrently post the agenda for the meeting on the Internet website of the governmental body or economic development corporation: (1) a municipality with a population of 48,000 or more; (2) a county with a population of 65,000 or more; (3) a school district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (4) the governing body of a junior college district, including a district that has changed its name in accordance with Chapter 130, Education Code, that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code) that was created by or for: (A) a municipality with a population of 48,000 or more; or, (B) a county or district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; and. 1133), Sec. Acts 2007, 80th Leg., R.S., Ch. See the Events page for upcoming Sunshine Laws Training Sessions. (c) A district shall post the minutes of the meeting of the governing body to the district's Internet website if the district maintains an Internet website. (a) This chapter does not require the board of trustees of the Texas growth fund to confer with one or more employees of the Texas growth fund or with a third party in an open meeting if the only purpose of the conference is to: (1) receive information from the employees of the Texas growth fund or the third party relating to an investment or a potential investment by the Texas growth fund in: (A) a private business entity, if disclosure of the information would give advantage to a competitor; or, (B) a business entity whose securities are publicly traded, if the investment or potential investment is not required to be registered under the Securities Exchange Act of 1934 (15 U.S.C. (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. 6.006, eff. 3827), Sec. Aug. 28, 1995. (3) may post notice of a meeting at another place convenient to the public. Sept. 1, 1995. 758 (H.B. recording. 1, eff. Sept. 1, 1993. This chapter does not require a benefits appeals committee for a public self-funded health plan or a governmental body that administers a public insurance, health, or retirement plan to conduct an open meeting to deliberate: (1) the medical records or psychiatric records of an individual applicant for a benefit from the plan; or. PROHIBITED SERIES OF COMMUNICATIONS; OFFENSE; PENALTY. 925 (S.B. (b) This chapter does not prohibit the governing board of an institution of higher education, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board from holding an open or closed meeting by telephone conference call. 3.07, eff. 62, Sec. VIDEOCONFERENCE CALL. 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. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. 685 (H.B. (b-6) A governmental body described by Subsection (b-1) may broadcast a regularly scheduled open meeting of the body on television. al.) (c) A rule adopted under Subsection (b) may not prevent or unreasonably impair a person from exercising a right granted under Subsection (a). Acts 2007, 80th Leg., R.S., Ch. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or. The Robert's Rules of Order website . The AG's Open Government Training Information website includes free OMA training videos and related information for governmental officials. REQUIREMENT TO FIRST CONVENE IN OPEN MEETING. 3.10, eff. 1, eff. (a) In this section, "board" means the Texas Higher Education Coordinating Board. (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. DELIBERATION REGARDING TEST ITEM. If an open meeting is continued to the following regular business day and, on that following day, the governmental body continues the meeting to another day, the governmental body must give written notice as required by this subchapter of the meeting continued to that other day. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. 25 O.S. September 1, 2017. Sept. 1, 1993. Renumbered from Sec. 622, Sec. 2278), Sec. Acts 2013, 83rd Leg., R.S., Ch. (2) in which transportation to the meeting location is dangerous or difficult as a result of the disaster or emergency. Reenacted by Acts 2009, 81st Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. June 17, 2011. SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN. (a) In this section, "board" means the board of trustees of the Teacher Retirement System of Texas. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. The audio recordings of open meetings are also public information and the audio recordings of state bodies must be available through the website, either by posting or linking. 9.013, eff. 312, Sec. Sept. 1, 1999. (e) For purposes of Subsection (d), an attorney who receives compensation for legal services performed, from which employment taxes are deducted by the governmental body, is an employee of the governmental body. 158, Sec. This brochure is intended to help you and other Kansans understand the basic requirements of the Open Records Act and the Open Meetings Act. (b) Notwithstanding any other provision of this chapter and subject to Subsection (c), a commissioners court to which this section applies may hold an open or closed meeting, including a telephone conference call, solely to deliberate about disaster or emergency conditions and related public safety matters that require an immediate response without complying with the requirements of this chapter, including the requirement to provide notice before the meeting or to first convene in an open meeting. (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. Sec. Added by Acts 1999, 76th Leg., ch. 1420, Sec. 244), Sec. For expiration of this section, see Subsection (e). Do you have a guide for buying a used vehicle? 551.074. 551.126 by Acts 1999, 76th Leg., ch. May 18, 2013. September 1, 2017. Act 267 of 1976. the public body can post the notice at the main entrance visible on the outside of 313 Actions Taken in Willful Violation of Act, 25 O.S. INVESTIGATION; EXCLUSION OF WITNESS FROM HEARING. 624 (H.B. The Open Meetings Act (OMA) took effect in 1977 and created a new structure for transparency and accountability for governmental decision making. 778 (H.B. 633, Sec. 325 (S.B. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. February 28, 2023 FOR IMMEDIATE RELEASE Hold Polaris Accountable for their Vital Role Albuquerque, NM Attorney General Raul Torrez, along with Mississippi Attorney General Lynn Fitch, Delaware Attorney General Kathleen Jennings, and Attorneys General representing February 24, 2023 FOR IMMEDIATE RELEASE Lawsuit accuses the FDA of ignoring more than a quarter century of science showing that mifepristone is extremely safe Albuquerque, NM Attorney General Raul Torrez has joined a multistate federal lawsuit against the Food January 16, 2023 FOR IMMEDIATE RELEASE This was First Case Prosecuted Under the Murdered and Missing Indigenous Person Bill Passed in 2022 Farmington, NM This morning, Jerry Jay was sentenced to 33 years in prison for the murder of Cecilia Finona. 925, Sec. 1341 (S.B. Lewis v. Cleveland Mun. (a) This chapter does not require a school board to conduct an open meeting to deliberate a matter regarding a public school student if personally identifiable information about the student will necessarily be revealed by the deliberation. See, e.g., 89 May 18, 2013. Acts 2015, 84th Leg., R.S., Ch. Sec. September 1, 2019. 1, eff. 3, 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.) 8), Sec. (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. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. September 1, 2007. (B) would constitute a deliberation once a quorum of members engaged in the series of communications. 1548), Sec. collective bargaining. Finona was February 7, 2023 FOR IMMEDIATE RELEASE Santa Fe, NM Today, New Mexico Attorney General Ral Torrez and Senator Antonio Moe Maestas introduced the Tyler Lackey Memorial Bill. June 17, 2011. 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.". Sec. The Tennessee Open Meetings Act requires notice of the meeting itself but does not specifically require notice of the content of the meeting. (c) The board or a board committee may hold a meeting by telephone conference call only if a quorum of the applicable board or board committee is physically present at one location of the meeting. 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. (d) A meeting held by telephone conference call must otherwise comply with the procedures under Sections 551.125(c), (d), (e), and (f). Acts 2019, 86th Leg., R.S., Ch. Under KRS 15.257(1), the Office of the Attorney General distributes this written information to assist the public in understanding the Open Meetings and Open Records Acts, and public officials in 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. June 14, 2013. BOARD OF TRUSTEES OF TEACHER RETIREMENT SYSTEM OF TEXAS: QUORUM PRESENT AT ONE LOCATION. Sept. 1, 1999. 27), Sec. (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. Sec. 5:39-1.1 through 1.7 that implement the new law. May 18, 2013. AGENCY FINANCED BY FEDERAL GOVERNMENT. OTHER GOVERNMENTAL BODY. (b) The secretary of state shall post the notice on the Internet. ENFORCEMENT COMMITTEE APPOINTED BY TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. No. Learn about them here. 258 (S.B. 690 (H.B. (f) The authority provided by this section is in addition to the authority provided by Section 551.121. 551.0415. (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). Acts 2021, 87th Leg., R.S., Ch. 683 (H.B. 3357), Sec. (2) the intent to have a quorum present at that location. June 17, 2011. (c) A meeting held by telephone conference call must comply with the procedures described in Section 551.125. Sept. 1, 2001; Acts 2001, 77th Leg., ch. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. Sec. (k) Without regard to whether a member of the governmental body is participating in a meeting from a remote location by videoconference call, a governmental body may allow a member of the public to testify at a meeting from a remote location by videoconference call. (a) A property owners' association is subject to this chapter in the same manner as a governmental body: (A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; (B) the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and, (C) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution; or. (2) make available an archived copy of the video and audio recording of each meeting described by Subdivision (1) on the Internet. Sept. 1, 1993. Sec. TIME AND ACCESSIBILITY OF NOTICE; GENERAL RULE. The head of the board or commission must be physically present in the designated meeting place and the public must be given access to that meeting space. 1, eff. The Open Meetings Act, however, does not permit the taking of a vote on such a matter at that meeting. 10:4-6 et seq.) 100, Sec. (2) "Public power utility governing body" means the board of trustees or other applicable governing body, including a city council, of a public power utility. Sept. 1, 1993. 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. JOINT BOARD: PLACE OF POSTING NOTICE. 1, eff. 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. 18, eff. Added by Acts 2003, 78th Leg., ch. Amended by Acts 2001, 77th Leg., ch. PERSONNEL MATTERS AFFECTING COUNTY ADVISORY BODY; CLOSED MEETING. SCHOOL DISTRICT: PLACE OF POSTING NOTICE. Acts 2007, 80th Leg., R.S., Ch. KNOW YOUR RIGHTS: Open Meetings in RI RI's Open Meetings Act (R.I. General Laws 42-46 et. 551.047. 1, eff. INQUIRY MADE AT MEETING. FOIA. September 1, 2005. 2, eff. June 10, 2019. Sec. Amended by Acts 2003, 78th Leg., ch. (b) An offense under Subsection (a) is a Class C misdemeanor. 87 (S.B. 1127 (S.B. Sept. 1, 1999. 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. Renumbered from Sec. (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. Sept. 1, 2001. 304 Definitions used in Open Meeting Act, 25 O.S. Sec. Acts 2011, 82nd Leg., R.S., Ch. 380 (S.B. If the problem is not resolved in six hours or less, the meeting must be adjourned. 551.129. 551.146. 462 (S.B. 3827), Sec. 11.120, eff. The Nebraska Open Meetings Act guarantees that every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies. 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