automation - the conference...2/17/2016 1 automation open meeting laws and modern technology as...
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AutomationAutomation
Open Meeting Laws and Modern TechnologyOpen Meeting Laws and Modern Technology
As technology advances, we must consider our reactions carefully.As technology advances, we must consider our reactions carefully.
We may take advantage of modern technology to improve communication and operate more efficiently.
We also must comply with certain restrictions placed on public bodies.
We may take advantage of modern technology to improve communication and operate more efficiently.
We also must comply with certain restrictions placed on public bodies.
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Open meeting laws…Open meeting laws…
require that certain governmental bodies discuss and decide matters of public interest at planned, advertised meetings in full view of the public.
require that certain governmental bodies discuss and decide matters of public interest at planned, advertised meetings in full view of the public.
However, most have not been updated to include the use of technology.
However, most have not been updated to include the use of technology.
Goals of Sunshine LawsGoals of Sunshine Laws
Sunshine laws are enacted with three main purposes:TransparencyPublic ParticipationEfficiency
Sunshine laws are enacted with three main purposes:TransparencyPublic ParticipationEfficiency
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TransparencyTransparency
Transparency requires not only the mere avoidance of secret discussions, but also accountability to members of the public for policy decisions;
for example, the purpose of the Ohio Open Meeting Law “is to assure accountability of elected officials by prohibiting their secret deliberations of public issues.”
Transparency requires not only the mere avoidance of secret discussions, but also accountability to members of the public for policy decisions;
for example, the purpose of the Ohio Open Meeting Law “is to assure accountability of elected officials by prohibiting their secret deliberations of public issues.”
Public ParticipationPublic Participation
The Florida Supreme Court explained, “As more people participate in governmental activities, the decision making process will be improved.”
Many sunshine laws allow public bodies to impose limits and restrictions on public participation. For example, although some states protect the public’s right to speak at open
meetings, many do not require that meeting attendees be given an opportunity to express opinions or ask questions.
The Florida Supreme Court explained, “As more people participate in governmental activities, the decision making process will be improved.”
Many sunshine laws allow public bodies to impose limits and restrictions on public participation. For example, although some states protect the public’s right to speak at open
meetings, many do not require that meeting attendees be given an opportunity to express opinions or ask questions.
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EfficiencyEfficiency
Public bodies must be able to satisfy open meeting law requirements while maintaining functionality.
The Massachusetts Attorney General explained that the Open Meeting Law “seeks to balance the public’s interest in witnessing the deliberations of public officials with the government’s need to manage its operations efficiently.”
Public bodies must be able to satisfy open meeting law requirements while maintaining functionality.
The Massachusetts Attorney General explained that the Open Meeting Law “seeks to balance the public’s interest in witnessing the deliberations of public officials with the government’s need to manage its operations efficiently.”
Modern Technology…Modern Technology…
Most likely to pose compliance challenges for public bodies.Most likely to pose compliance challenges for public bodies.
Social Media
Audio visual tools
Social Media
Audio visual tools
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E-mailE-mail
If used by a quorum of a public body, may result in conversations improperly taking place outside of the public eye.For example, group emails with
multiple recipients may be sent to a quorum of a public body, and members may then select “reply all” to communicate with all recipients listed on the original e-mail.
If used by a quorum of a public body, may result in conversations improperly taking place outside of the public eye.For example, group emails with
multiple recipients may be sent to a quorum of a public body, and members may then select “reply all” to communicate with all recipients listed on the original e-mail.
Social MediaSocial Media
Same concerns as e-mail when multiple members are participating in board business outside the open meeting. Exchanged between two or more
members may be forwarded or viewed an indefinite number of times, ultimately reaching a quorum of a public body.
Same concerns as e-mail when multiple members are participating in board business outside the open meeting. Exchanged between two or more
members may be forwarded or viewed an indefinite number of times, ultimately reaching a quorum of a public body.
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Audio Visual ToolsAudio Visual Tools
Increases transparency to the public, who can now watch from any location.
May increase opportunities for public body members to participate in meetings without being physically present.
Increases transparency to the public, who can now watch from any location.
May increase opportunities for public body members to participate in meetings without being physically present.
What we hope for, but…What we hope for, but…
Could professionalism suffer when members interact remotely?
Does your Sunshine Law allow member to not be present?
Could professionalism suffer when members interact remotely?
Does your Sunshine Law allow member to not be present?
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What you might end up with.What you might end up with.
Does everyone know how?Does everyone know how?
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If not, you could end up with the dreaded shadow people.If not, you could end up with the dreaded shadow people.
Or only part of your member and all of their ceiling.Or only part of your member and all of their ceiling.
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Or a very different kind of member altogether!Or a very different kind of member altogether!
Balance…Balance…
In Ohio we found an eGovernance Solution that is compliant with our Sunshine law while increasing:In Ohio we found an eGovernance Solution that is compliant with our Sunshine law while increasing:
Transparency
Public Participation
Efficiency
Transparency
Public Participation
Efficiency
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Questions…Questions…
Vanessa Niekamp, Executive Director
Ohio Board of Embalmers and Funeral Directors
www.funeral.ohio.gov
(614) 466-4252
Vanessa Niekamp, Executive Director
Ohio Board of Embalmers and Funeral Directors
www.funeral.ohio.gov
(614) 466-4252