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OPEN MEETINGS ACT

General Provisions Article, Sections 3-101 through 3-501, Annotated Code of Maryland

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Legislative Intent of the Open Meetings Act

General Provisions Article, Section 3-102

(a) It is essential to the maintenance of a democratic society that, except in special and appropriate circumstances:

(1) public business be conducted openly and publicly; and(2) the public be allowed to observe:(i) the performance of public officials; and(ii) the deliberations and decisions that the making of public policy involves.

(b) (1) The ability of the public, its representatives, and the media to attend, report on, and broadcast meetings of public bodies and to witness the phases of the deliberation, policy formation, and decision making of public bodies ensures the accountability of government to the citizens of the State.

(2) The conduct of public business in open meetings increases the faith of the public in government and enhances the effectiveness of the public in fulfilling its role in a democratic society.

(c) Except in special and appropriate circumstances when meetings of public bodies may be closed under this title, it is the public policy of the State that the public be provided with adequate notice of the time and location of meetings of public bodies, which shall be held in places reasonably accessible to individuals who would like to attend these meetings.

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What the Open Meetings Act Assumes a Meeting Will Look Like

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What Meetings Usually Look Like

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Public Body• A public body is subject to the Open Meetings Act• A public body may be created either by:

The Maryland Constitution or a county charterA State or local lawAn Executive Order of the Governor or County ExecutiveA rule, resolution, or bylaw

Or• Appointment by:

The Governor or County ExecutiveAn official who is subject to the policy direction of the Governor or

County ExecutiveBut if by appointment, the group is a public body only if it includes at

least two members that are not employees of the State or county

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Meeting

The Open Meetings Act applies when a quorum of the public body meets to consider or transact public business.

Considering or transacting public business includes the study of a matter of public concern, or making recommendations on the matter, under a delegation of responsibility by:• State or County law• The Governor or an official subject to the policy direction of the

Governor• The County Executive or an official who is subject to the policy

direction of the County Executive • The General Assembly or County Council

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In General

• The public body must conduct its business and deliberations in meetings that are open to the public, with certain exceptions.

• Reasonable notice of the meetings must be given to the public.

• Minutes of the meetings must be kept. • Members of the media and the public are allowed to

record the meetings, subject to reasonable restrictions on activity that may be disruptive, such as the use of bright lights or the movement of camera operators.

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Quorum = One-Half of Members + One

Outside of a meeting, do not:• Get together with a quorum of members to discuss group business• Simultaneously discuss group business by other means with a quorum of

members, including:teleconference call, video conference, social media, instance message (e.g., Skype for Business)

or any other method of simultaneous communication

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Exception for Social Gatherings

The requirements of the Open Meetings Act do not apply to chance encounters or social gatherings of a quorum of members, as long as the gatherings are not intended to circumvent the Act and as long as the members do not discuss the group’s business.

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Closed Meetings Permitted for Certain Purposes

• Consider personnel matters.• Protect the privacy or reputation of an individual with respect to a matter that is not related to public

business.• Consider the acquisition of real property.• Consider a matter that concerns the proposal for a business or industrial organization to locate, expand,

or remain in the State.• Consider the investment of public funds.• Consider the marketing of public securities.• Consult with counsel to obtain legal advice.• Consult with staff, consultants, or other individuals about pending or potential litigation.• Conduct collective bargaining negotiations or consider matters that relate to the negotiations.• Discuss public security, if the public body determines that public discussion would constitute a risk to

the public or to public security, including the deployment of fire and police services and staff; and the development and implementation of emergency plans.

• Prepare, administer, or grade a scholastic, licensing, or qualifying examination• Conduct or discuss an investigative proceeding on actual or possible criminal conduct.• Comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public

disclosures about a particular proceeding or matter.• Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating

strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process.

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Notice

When an open meeting is required, the public body must give “reasonable advance notice” of the time, date and place of the meeting, in writing if possible, by delivery of the notice to the news media, posting at or near the place of the session, or “any other reasonable method.”

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Minutes• The public body must keep written minutes of its meetings which reflect each item that

was considered, the action taken, and how each member voted. • If the meeting is closed, the minutes for the next open meeting must include a

statement of the time, place and purpose of the closed meeting, a record of the vote of each member as to closing the meeting, and a citation of the section in the Open Meetings Act which authorizes the closing of the meeting.

• Minutes must be open to public inspection during ordinary business hours unless the minutes are of a closed meeting and their inspection would frustrate the purpose of the closed meeting.

• Minutes must be prepared as soon as practicable after a meeting, and opinions of the State’s Open Meetings Compliance Board provide a general guideline: routine delays of several months are not permissible, but intervals of five weeks or so are okay.

• Minutes need not be kept if: Live and archived video or audio streaming of the meeting is available; or

Individual votes by each member are taken and posted “promptly” on the Internet.

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If the Open Meetings Compliance Board issues an opinion finding that the public body violated the Open Meetings Act: • at the group’s next meeting a member must announce the

violation and orally summarize the Compliance Board’s opinion

• a majority of the members must sign a copy of the opinion and return the signed copy to the Compliance Board

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Enforcement

If a public body fails to comply with the requirements of the Open Meetings Act, any person who is adversely affected may petition the Circuit Court for relief. • Relief may include an injunction or an order which requires the

public body to comply with the Act. • If the Court finds that the public body's noncompliance was

willful and that no other remedy is adequate, it may declare the public body’s action void.

• As part of its judgment, the Court may assess attorney fees and other litigation expenses against the losing party.

• If the Court finds that the public body’s noncompliance was willful, it may assess a fine against the public body.