OPEN MEETINGS LAW REQUIREMENTS

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1 OPEN MEETINGS LAW REQUIREMENTS KELLI D.TALBOTT, SENIOR DEPUTY ATTORNEY GENERAL WEST VIRGINIA ATTORNEY GENERAL S OFFICE

2 OPEN MEETINGS LAW REQUIREMENTS Each state has an Open Meetings Law that governs the conduct of meetings by state agencies, including state licensing boards. Each state s law has provisions that may be unique to a particular state. Consult your legal counsel in your state about compliance with the Open Meetings Law.

3 NOTICE OF MEETINGS In West Virginia, all state agency board meetings (special and regular) have to be noticed five business days prior to the meeting with the West Virginia Secretary of State s Office. In West Virginia, those meeting notices are submitted and filed electronically. In West Virginia, if your meeting is not noticed timely, the Secretary of State will make a notation on its website that your meeting notice is NON-COMPLIANT with the Open Meetings Law. What are your state s requirements regarding meeting notices?

4 EMERGENCY MEETINGS In West Virginia, state agency boards are permitted to have emergency meetings if there is an imminent threat to safety; imminent threat of damage to public or private property; or, an imminent material financial loss or imminent harm to a public agency, its employees or the members of the public which it serves. Emergency meetings can be noticed in WV literally moments before they are convened. Emergency meetings should be rarely convened. Does your state s Open Meetings Law provide for emergency meetings?

5 AGENDA In West Virginia, state agency boards are required to post the agenda for a meeting at least three business days prior to the meeting. Agendas are separate from the meeting notice that is published in WV with the Secretary of State. Agendas can be posted on the agency s website, on the office front door, or other appropriate public location.

6 AGENDA Under WV law, a meeting agenda must be specific in its descriptions of the items that the agency intends to discuss/act upon. General descriptions like Old Business ; New Business ; Personnel Matters are not descriptive enough under West Virginia law The public is entitled to know, with some specificity, what the board intends to discuss.

7 AGENDA Specificity of description is required for an agenda item, even if a state agency is likely to move into executive session to discuss the item. The public is entitled to know the topic an agency may discuss in executive session, even if the public is not permitted to hear the discussion.

8 EXECUTIVE SESSION Under West Virginia law there are very specific reasons set forth in statute that govern when a state agency can move into executive session and shield its deliberations from public view. If an agency decides to move into executive session it has to state the general reason it is doing so and that reason has to fit within one of the statutory allowances.

9 EXECUTIVE SESSION Under WV law, an executive session can be held to discuss things like the hiring and firing of employees; the denial, suspension or revocation of a license; a matter that would constitute an unwarranted invasion of privacy; or, to plan or consider an official investigation or matter relating to crime prevention or law enforcement. However, any vote on matters that may be deliberated upon in executive session must be done in public.

10 BOARD MEMBERS Under WV law, board members can t conduct board business outside of a public, noticed board meeting. That means that: A quorum of board members cannot get together and discuss board business. Board members can t call or each other in a round robin fashion to essentially deliberate on board business.

11 LOGISTICAL MATTERS Under WV law, board members can discuss, outside of a public meeting, the date, time and other logistical items related to scheduling a meeting. Also, board members can discuss items to put on an agenda outside of a public board meeting.

12 MINUTES Under WV law, boards are required to keep minutes of meetings. Those minutes are required to identify any member who makes a motion or seconds a motion. And, the minutes must reflect votes taken. Executive session deliberations aren t required to be described in minutes. Minutes must be made available to the public within a reasonable time after the meeting is held.

13 OPEN MEETINGS VIOLATIONS Citizens and affected parties can sue state agency boards for violations of the Open Meetings Law. If the plaintiff prevails in a suit, a court may void the actions taken by the board in any meeting and the court can award the plaintiff s attorney fees against the board. In WV, violations of the Open Meetings Law are also a criminal offense. Willful violations are a misdemeanor punishable with a $ fine for a first offense and up to $1, for subsequent offenses.

14 ADVISORY OPINIONS In WV, the State Ethics Commission is charged with issuing advisory opinions to state agencies on Open Meetings Law issues. If an agency is in doubt about how the Open Meetings Law applies to a particular situation, it can seek an advisory opinion from the Ethics Commission in advance to avoid a possible violation. Assistant Attorneys General who render legal services to the boards are knowledgeable about the Open Meetings Law and can provide advice and counsel on compliance.

15 CONCLUSION Know the ins and outs of your state s Open Meetings Law. Consult legal counsel if you are uncertain about compliance with the Open Meetings Law. Conduct your business in public! Be cautious about conducting emergency meetings. Be mindful of the reasons that your board is authorized to go into executive session to discuss a matter.

16 QUESTIONS? THANKS FOR THE INVITATION TO SPEAK TO THE NATIONAL-INTERSTATE COUNCIL OF STATE BOARDS OF COSMETOLOGY 2017 ANNUAL CONFERENCE CHARLESTON, WV