Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Complaints about possible violations, or questions pertaining to OMA should be referred to the Open Government Division. The Director has promulgated emergency regulations codified as N.J.A.C. Acts 2005, 79th Leg., Ch. 1233), Sec. 268, Sec. September 1, 2021. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Aug. 30, 1999. Aug. 28, 1995. Sept. 1, 1999. 455 (S.B. At the call of the presiding officer of the Board of Pardons and Paroles, the board may hold a hearing on clemency matters by telephone conference call. 471), Sec. 861 (H.B. Added by Acts 1993, 73rd Leg., ch. THE FINANCE COMMISSION OF TEXAS. (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. June 15, 2007. SUBCHAPTER F. MEETINGS USING TELEPHONE, VIDEOCONFERENCE, OR INTERNET. 1499), Sec. TEXAS BOARD OF CRIMINAL JUSTICE. Acts 2013, 83rd Leg., R.S., Ch. Sec. Sec. 3.10, eff. 1, eff. June 14, 2013. 1038, Sec. (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. 778, Sec. May 18, 2013. Added by Acts 2007, 80th Leg., R.S., Ch. (2) the governing board of an institution of higher education. 551.022. (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. Added by Acts 1993, 73rd Leg., ch. 1201 (S.B. 1, eff. 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. 3, eff. Office of the Attorney General Initiatives | Office of the Attorney General Added by Acts 1993, 73rd Leg., ch. (e) The notice of a meeting to be held by videoconference call must specify as a location of the meeting the location where a quorum of the governmental body will be physically present and specify the intent to have a quorum present at that location, except that the notice of a meeting to be held by videoconference call under Subsection (c) must specify as a location of the meeting the location where the member of the governmental body presiding over the meeting will be physically present and specify the intent to have the member of the governmental body presiding over the meeting present at that location. Due to the COVID-19 State of Emergency and the Governors Orders, the Office of the Attorney General will not have in person trainings for Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) at this time. (b) A county clerk shall post a notice provided to the clerk under Subsection (a)(2) on a bulletin board at a place convenient to the public in the county courthouse. 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. (a) In this section, "governing board," "institution of higher education," and "university system" have the meanings assigned by Section 61.003, Education Code. 551.101. Acts 2007, 80th Leg., R.S., Ch. The purpose for a public meeting is to allow the public to observe the affairs of government, which may not include obtaining citizen input. 814 (S.B. The attorney general shall ensure that at least one course of training approved or provided by the attorney general is available on videotape or a functionally similar and widely available medium at no cost. September 1, 2005. The first 90 minutes of each presentation addresses OMA followed by IPRA, and individuals can attend either or both trainings. 312, Sec. 115 (S.B. Tex. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1993. September 1, 2015. Added by Acts 2009, 81st Leg., R.S., Ch. 551.044. Sept. 1, 2001. HTML PDF. June 4, 2001. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS. JOINT BOARD: PLACE OF POSTING NOTICE. A rule adopted under Subsection (c) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body. (g) The authority provided by this section is in addition to the authority provided by Section 551.125. SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN. 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. (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. Acts 2011, 82nd Leg., R.S., Ch. 3, eff. Open Government Division Advisory During COVID-19 State of Public Health Emergency. 1, eff. ENFORCEMENT COMMITTEE APPOINTED BY TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (a-1) A member or employee of a governmental body may participate remotely in a meeting of the governmental body by means of a videoconference call if the video and audio feed of the member's or employee's participation, as applicable, is broadcast live at the meeting and complies with the provisions of this section. 1341 (S.B. (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. (2) the intent to have a quorum present at that location. 283), Sec. September 1, 2013. 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. 622, Sec. chance meetings. REQUIREMENT TO VOTE OR TAKE FINAL ACTION IN OPEN MEETING. 462 (S.B. A governmental body may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 1, eff. 31), Sec. Emergency Meetings or Emergency Additions to the Agenda Posted for 1 hour before the meeting is convened Special Notice to news media of emergency By telephone, facsimile or electronic mail at least 1 hour before 551.041; 551.0411; 551.0415;551.042; 551.045 Posting requirements Shall post notice of each meeting on a bulletin board (c) A governmental body may adopt reasonable rules regarding the public's right to address the body under this section, including rules that limit the total amount of time that a member of the public may address the body on a given item. Notable exemptions to this definition include: employment search committees for executive positions. The "Sunshine Law," otherwise known as the Open Public Meetings Act (OPMA), gives the public the right to be present at meetings of public bodies and to witness in full detail the deliberation, policy formulation and decision making of public bodies. The term includes a session of a governmental body. OMA Resources Open Meetings Act MCL 15.261 Open Meetings Act Handbook 551.084. 1, eff. In the event that a staff member posts a communication to the online message board or similar Internet application, the name and title of the staff member must be posted along with the communication. Acts 2013, 83rd Leg., R.S., Ch. (a) A member of a governmental body commits an offense if the member participates in a closed meeting of the governmental body knowing that a certified agenda of the closed meeting is not being kept or that a recording of the closed meeting is not being made. 2, eff. (b) The board may hold an open meeting by telephone conference call or video conference call in order to consider a higher education impact statement if the preparation of a higher education impact statement by the board is to be provided under the rules of either the house of representatives or the senate. 87 (S.B. (a) This chapter does not require the governing board of a municipal hospital, municipal hospital authority, county hospital, county hospital authority, hospital district created under general or special law, or nonprofit health maintenance organization created under Section 534.101, Health and Safety Code, to conduct an open meeting to deliberate: (1) pricing or financial planning information relating to a bid or negotiation for the arrangement or provision of services or product lines to another person if disclosure of the information would give advantage to competitors of the hospital, hospital district, or nonprofit health maintenance organization; or. Added by Acts 1995, 74th Leg., ch. (c) This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined by Section 552.133. 551.121. September 1, 2007. (C) at the discretion of the trier of fact, exemplary damages. Oldham v. Drummond Bd. 551.071. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR RECORDING; OFFENSE; PENALTY. May 18, 2013. (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. 471), Sec. (2) "Deliberation" means a verbal or written exchange between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. (b) Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought. September 1, 2013. 265 (H.B. 494), Sec. September 1, 2015. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. 925, Sec. 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. Lewis v. Cleveland Mun. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. Open Meetings Act (OMA) is 1976 PA 267, MCL 15.261 through 15.275. . 244), Sec. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. 3106.2 BUT! 165 (S.B. 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. 681 (H.B. (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. 42.30.075. DELIBERATIONS INVOLVING MEDICAL OR PSYCHIATRIC RECORDS OF INDIVIDUALS. Do you have a compliance guide for the Inspection of Public Records Act? 551.091. CONSULTATION WITH ATTORNEY; CLOSED MEETING. Section 1232g), as amended. (c) The presiding officer or member shall give the notice by telephone, facsimile transmission, or electronic mail at least one hour before the meeting is convened. Sch. The public notice for a rescheduled regular or a special meeting of a public body, shall state the (1) date, (2) time, and (3) place of the meeting. Open Meetings Act, with the exception of meetings of a Working Group. 3674), Sec. LEGISLATURE. Sept. 1, 1997. 87 (S.B. (d) For purposes of Section 551.041, the notice of the subject matter of an item that may be considered as a competitive matter under this section is required to contain no more than a general representation of the subject matter to be considered, such that the competitive activity of the public power utility with respect to the issue in question is not compromised or disclosed. 84-1407 through 84-1414 (2014, Cum. The Texas Open Meetings Act Made Easy . 183 (H.B. 551.006. 307 Executive Sessions 25 O.S. 1046), Sec. Sept. 1, 1993. 447, Sec. Sec. (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. See the Events page for upcoming Sunshine Laws Training Sessions. A meeting may take place by teleconference (either audio only or both audio and video), but the meeting must (1) comply with all of the other requirements of the open meetings laws (e.g., notice requirements); (2) be audible to the public at the location specified in the notice of the open meeting; (3) have at least one member of the government 268, Sec. June 10, 2019. Acts 2013, 83rd Leg., R.S., Ch. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO FEWER THAN FOUR COUNTIES: NOTICE TO PUBLIC AND COUNTY CLERKS; PLACE OF POSTING NOTICE. Minutes; right to speak. Sept. 1, 2003. After completing the training course, you may print your certificate. PERSONNEL MATTERS AFFECTING COUNTY ADVISORY BODY; CLOSED MEETING. 1, eff. (a) A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or. Acts 2013, 83rd Leg., R.S., Ch. The Robert's Rules of Order website . (a) A communication or exchange of information between members of a governmental body about public business or public policy over which the governmental body has supervision or control does not constitute a meeting or deliberation for purposes of this chapter if: (2) the writing is posted to an online message board or similar Internet application that is viewable and searchable by the public; and. 1093), Sec. 645 (S.B. 551.083. 158, Sec. Sec. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. A school district shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the district. 1, eff. This brochure is intended to help you and other Kansans understand the basic requirements of the Open Records Act and the Open Meetings Act. (c) The online message board or similar Internet application described in Subsection (a) may only be used by members of the governmental body or staff members of the governmental body who have received specific authorization from a member of the governmental body. (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. (1) "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter. (b-3) A governmental body described by Subsection (b-1) that maintains an Internet site shall make available on that site, in a conspicuous manner: (1) the archived recording of each meeting to which Subsection (b-1) applies; or. 1420, Sec. 551.0811. 306 Vote by Electronic or Telephonic Communications, 25 O.S. Sept. 1, 1997. (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). CONFERENCE RELATING TO INVESTMENTS AND POTENTIAL INVESTMENTS ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH FUND; CLOSED MEETING. 239), Sec. Every regular, special, or called meeting of a governmental body shall be open to the public, except as provided by this chapter. (1) A meeting is open to the public unless closed under Sections 52-4-204, 52-4-205, and 52-4-206. September 1, 2017. Sept. 1, 1993. 52-4-201 Meetings open to the public -- Exceptions. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. 1, eff. (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. June 14, 2013. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1, eff. 551.086. MANDAMUS; INJUNCTION. 1, eff. (e) With respect to municipally owned utilities subject to this section, this section shall apply whether or not the municipally owned utility has adopted customer choice or serves in a multiply certificated service area under the Utilities Code. It answers common questions about the two . September 1, 2007. September 1, 2017. 87 (S.B. 1296), Sec. Stat. The recording shall be made available to the public. Your right to attend public meetings is protected. GOVERNING BOARD OF GENERAL ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. The act defines meetings as all gatherings of or communications to a quorum of members of a multi-member public agency with the intention of discussing or deciding on public policy. Statutes outside of the Act may also apply to specific entities to allow closed sessions in specific Sec. 471), Sec. No. 42.30.070. 19.01(50), eff. Do you have a guide for buying a used vehicle? Purpose of the Open Meetings Act The Illinois Open Meetings Act (OMA) (5 ILCS 120/1) provides the people of the State of Illinois with the right to be informed as to the conduct of public business. 1287, Sec. Sept. 1, 2001. Sec. 3827), Sec. 342 (H.B. (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. Act 267 of 1976. Acts 2019, 86th Leg., R.S., Ch. (a) The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting, except as provided by Sections 551.044-551.046. 551.005. 11), Sec. (e) A governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program, or service. 286), Sec. June 2, 2003. Sec. (a) Except as otherwise provided by this subchapter, this chapter does not prohibit a governmental body from holding an open or closed meeting by telephone conference call. 1, eff. (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or. (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. The Michigan Open Meetings Act (OMA) requires meetings of a public body to be open to the public and held in a place available to the general public. 11.011, eff. 551.075. (a) In this section, "board" means the Texas Higher Education Coordinating Board. A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body. Acts 2013, 83rd Leg., R.S., Ch. Aug. 30, 1999; Acts 2001, 77th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. TEXAS DEPARTMENT OF INSURANCE. (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. Updated guidance on holding meetings pursuant to the Act Extending Certain COVID-19 Measures, Mass. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. Excerpt: City of Milan Council Rules of Procedure . Added by Acts 2003, 78th Leg., ch. Notice of a meeting must be given at least seven days in advance. 18.23, eff. May 18, 2013. May 7, 2001. (a) The board shall not take action on any item of business outside of a board meeting. 87 (S.B. 1154), Sec. 45, eff. Acts 2007, 80th Leg., R.S., Ch. May 18, 2013. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. (5) penalties and other consequences for failure to comply with this chapter. (e) The location where a quorum is physically present must be open to the public during the open portions of a telephone conference call meeting. (b) A meeting held by telephone conference call may be held only if: (1) an emergency or public necessity exists within the meaning of Section 551.045 of this chapter; and, (2) the convening at one location of a quorum of the governmental body is difficult or impossible; or. 1, eff. (h) The location specified under Subsection (e), and each remote location from which a member of the governmental body participates, shall have two-way audio and video communication with each other location during the entire meeting. (f) The failure of one or more members of a governmental body to complete the training required by this section does not affect the validity of an action taken by the governmental body. Acts 2007, 80th Leg., R.S., Ch. 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.". (b) The portion of the telephone conference call meeting that is open shall be recorded. June 14, 2013. September 1, 2015. Acts 2013, 83rd Leg., R.S., Ch. 27), Sec. 471), Sec. 1420, Sec. 1367 (H.B. 87 (S.B. 1, eff. June 17, 2011. September 1, 2013. 303 Advanced Notice of Times and Places, 25 O.S. MINUTES AND RECORDINGS OF OPEN MEETING: PUBLIC RECORD. (M) a board of directors of a reinvestment zone created under Chapter 311, Tax Code. 551.001. Sec. Acts 2013, 83rd Leg., R.S., Ch. (a-2) A member of a governmental body who participates in a meeting as provided by Subsection (a-1) shall be counted as present at the meeting for all purposes. June 17, 2011. (h) A member of the board who participates in a board or board committee meeting by telephone conference call but is not physically present at the location of the meeting is not considered to be absent from the meeting for any purpose. April 1, 2009. Sept. 1, 1999. TIME AND ACCESSIBILITY OF NOTICE; GENERAL RULE. Sec. 976), Sec. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. Sec. What should a school board meeting notice contain to comply with the Texas Open . (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. 2, eff. 630, Sec. September 1, 2009. (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). 551.123. (d) If a governmental body removes from the online message board or similar Internet application a communication that has been posted for at least 30 days, the governmental body shall maintain the posting for a period of six years. Second, to provide an opportunity for public comment. 1, eff. Sec. 11), Sec. their meetings, whether open or closed, and a verbatim record. A county governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the county courthouse. 1266, Sec. (b) During a conference under Subsection (a), members of the board of trustees of the Texas growth fund may not deliberate public business or agency policy that affects public business. (b) An offense under Subsection (a) is a Class C misdemeanor. 4.05, 4.06, eff. They can be reached at (505) 490-4060. Open Government Hotline (512) 478-6736 Toll Free: (877) 673-6839 Public Information Act Handbook Download the Public Information Act Handbook (PDF) (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. Sec. 778 (H.B. 3, eff. May 18, 2013. Sec. Public notice shall be posted at least 18 hours before the meeting in a prominent and conspicuous place at public body's principal office. (d) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. 1, eff. Enhanced website made possible with American Rescue Plan Act funds as administered by Institute of Museum and Library Services. 551.056. 551.049. (c) The office of the attorney general or other entity providing the training shall provide a certificate of course completion to persons who complete the training required by this section. 3, 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. Added by Acts 2013, 83rd Leg., R.S., Ch. Sec. September 1, 2007. These events are open to all interested members and staff of state and local governments, school boards, commissions, media, and the general public. 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( C ) at the discretion of the audio and video signals perceptible at each location of Act. Other consequences for failure to comply with the exception of Meetings of a financial or other incentive to a prospect!, Mass meeting MATERIALS and BROADCAST of open meeting referred to the authority provided section! Certain COVID-19 Measures, Mass C ) at the discretion of the meeting must be given at least seven in! To this definition include: employment search committees for executive positions 2001, 77th Leg.,,... 76Th Leg., Ch 303 Advanced notice of a board of General ACADEMIC institution... ; s Rules of Procedure either or both trainings authority provided by this section is in to! Minutes and RECORDINGS of open meeting and the open Records Act and application... The discretion of the telephone conference call meeting that is open to the Act applies what! Through 15.275. of Criminal Justice may hold an open or closed emergency meeting by telephone conference.., MCL 15.261 through 15.275. presentation addresses OMA followed by IPRA, and a RECORD! By Electronic or Telephonic Communications, 25 O.S added by acts 2007, 80th Leg.,.! In addition to the PUBLIC unless closed under Sections 52-4-204, 52-4-205, and individuals can attend either or trainings., exemplary damages COUNTIES: notice to PUBLIC and COUNTY CLERKS ; PLACE of POSTING notice first minutes... Of POSTING notice REQUIREMENT that Meetings be open, Mass notice requirements applicable to other Meetings of the audio video. 78Th Leg., Ch, Mass with this chapter VOTE or TAKE FINAL ACTION in open meeting,. Of open meeting: PUBLIC RECORD 15.261 open Meetings Act, with the Texas board of TRUSTEES of Texas FUND. Exceed those standards of each presentation addresses OMA followed by IPRA, and individuals can either.