C. DEFINITION OF A ?“MEETING?” UNDER THE OPEN MEETINGS ACT
Before a public body is subject to the requirements of the Open Meetings Act, it must first have a meeting. A ?“meeting?” is a prearranged gathering of a majority of the members of a public body to discuss or conduct public business.411 Each of these three characteristics must be present; otherwise, the gathering is not a meeting and is not subject to the Open Meetings Act requirements. Where each of these characteristics is present, the gathering is a meeting, regardless of whether the public body itself initiated the meeting or it was initiated by another entity.412
What if the members of the public body are not ?“deliberating?” or ?“discussing?” public business?
Some courts have found that a gathering of the members of a public body is not a meeting where they act only as passive observers in a ministerial fact-gathering capacity or informational session.414 ?“Discussion?”415 is an exchange of words, comments or ideas. The simple presentation of information to a public body, without more, may not be discussion.416
?“Deliberation?” involves the weighing and examination of reasons for and against a course of action.417 Simple information gathering or fact finding may not be enough.418 However, the open meetings act is to be liberally construed.419
Can members of a public body have one-on-one conversations amongst themselves about public business without issuing notice for a meeting?
Gatherings of public body members outside the traditional meeting context are difficult to safely characterize. Standing alone, one-on-one conversations between individual members, either in person or by telephone, do not violate the Open Meetings Act.426 But a conference call between a majority of the members where public business is discussed is prohibited.427 A public body must not, however, circumvent the act by scheduling back-to-back discussions of public business which, taken together, are attended by a majority of the members.428 Such ?“roundrobin?”
or ?“serial?” meetings appear to violate the Open Meetings Act.429
By Just helping out.
Before a public body is subject to the requirements of the Open Meetings Act, it must first have a meeting. A ?“meeting?” is a prearranged gathering of a majority of the members of a public body to discuss or conduct public business.411 Each of these three characteristics must be present; otherwise, the gathering is not a meeting and is not subject to the Open Meetings Act requirements. Where each of these characteristics is present, the gathering is a meeting, regardless of whether the public body itself initiated the meeting or it was initiated by another entity.412
What if the members of the public body are not ?“deliberating?” or ?“discussing?” public business?
Some courts have found that a gathering of the members of a public body is not a meeting where they act only as passive observers in a ministerial fact-gathering capacity or informational session.414 ?“Discussion?”415 is an exchange of words, comments or ideas. The simple presentation of information to a public body, without more, may not be discussion.416
?“Deliberation?” involves the weighing and examination of reasons for and against a course of action.417 Simple information gathering or fact finding may not be enough.418 However, the open meetings act is to be liberally construed.419
Can members of a public body have one-on-one conversations amongst themselves about public business without issuing notice for a meeting?
Gatherings of public body members outside the traditional meeting context are difficult to safely characterize. Standing alone, one-on-one conversations between individual members, either in person or by telephone, do not violate the Open Meetings Act.426 But a conference call between a majority of the members where public business is discussed is prohibited.427 A public body must not, however, circumvent the act by scheduling back-to-back discussions of public business which, taken together, are attended by a majority of the members.428 Such ?“roundrobin?”
or ?“serial?” meetings appear to violate the Open Meetings Act.429
By Just helping out.
