Freedom of Information Act: Meeting Requirements. Presented by: Assistant Attorney General Reid Adkins

Similar documents
BOARD AND COMMITTEE HANDBOOK TOWN OF SOUTH HADLEY, MASSACHUSETTS

TIMOTHY J. CRUZ DISTRICT ATTORNEY

Open Governmental Proceedings Act. A Guide to the West Virginia WEST VIRGINIA ETHICS COMMISSION. Also known as the Sunshine Law or Open Meetings Law

ARIZONA S OPEN MEETING LAW. Christina Estes-Werther, General Counsel April 29, 2015

THE WEST VIRGINIA OPEN GOVERNMENTAL PROCEEDINGS ACT

AUSTRALIAN CARTRIDGE COLLECTORS ASSOCIATION INC

Appendix F - Massachusetts Open Meeting Law

BOARD OF GOVERNORS BYLAWS Revised November 28, 2007

CONSUMER AFFAIRS VICTORIA Associations Incorporation Reform Act MODEL RULES For an INCORPORATED ASSOCIATION

April Rules of the Victorian TAFE Association Inc.

Bylaws of the Tustin High School Site Council

As used in this Compensation Committee Charter (this Charter ) the following capitalized terms have the following meanings:

Australian Association for Environmental Education Constitution

HOW TO CONDUCT MEETINGS AND PERSONNEL REVIEWS

Sustainable Australia (VIC) Constitution of the Association

1692 A Site Council Governance

Bylaws of the International Association for Identification A Delaware Non-Profit Corporation as amended through August 03, 2018

Gisborne and District LIONS CLUB INC

BY-LAWS Adopted: June 17, 2013; Amended: December 2, 2016; May 4, 2018

BAR HARBOR BANKSHARES COMPENSATION AND HUMAN RESOURCES COMMITTEE CHARTER

Chapter 29. Meeting Procedures and the Freedom of Information Act

How to Conduct Effective Meetings

NAHT constitution and rules with effect from 4 May 2018

What Every BOV Member Absolutely has to Know about FOIA

Whistleblower Protection Act 10 of 2017 (GG 6450) ACT

Why do we have a FOIA in S.C.?

WISCONSIN OPEN MEETINGS LAW , Wisconsin Statutes

CONSTITUTION OF ZONTA INTERNATIONAL DISTRICT 23 Inc.

Crocker Highlands Elementary School. School Site Council. Bylaws. Article I. Duties of the School Site Council

Compensation Committee Charter. Organization

Michigan State Premier Soccer Program Bylaws. Table of Contents

Associations Incorporation Reform Act (Vic) 2012 SPRINGVALE LEARNING AND ACTIVITIES CENTRE INC. ABN

Constitution for Victorian Women in ICT Network Incorporated

THE AUSTRALIAN AND NEW ZEALAND FORENSIC SCIENCE SOCIETY INCORPORATED

ANNUAL GENERAL MEETING WEDNESDAY 8 OCTOBER 2014

DEC Hearings. A Discussion of Issues Regarding the DEC Hearing Process. Leo L. Barnes, JD Director, Policy & Compliance

Maine GIS User Group Bylaws

Minnesota s Open Meeting Law

CHARTER OF THE COMPENSATION COMMITTEE of the BOARD OF DIRECTORS of ULTRAGENYX PHARMACEUTICAL INC.

Upcoming League Events:

Sunshine Act. 65 Pa.C.S. Chap ter 7

Royal Astronomical Society of Canada, Halifax Centre. Bylaw #1

*PROPOSED* 2017 Washington County Board of Supervisors Bylaws & Rules of Procedure Page 1

I. The Kansas Open Meetings Act (KOMA)

BYLAWS OF THE TIDEWATER APPALACHIAN TRAIL CLUB As Amended August 11, 2004 ARTICLE I PURPOSE ARTICLE II ELECTED OFFICERS

Chapter 2 CASSIA COUNTY WATERWAYS ADVISORY COMMITTEE

CHARTER COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF THE AES CORPORATION. April 2018

THE ROYAL SCOTTISH COUNTRY DANCE SOCIETY

LEON COUNTY SCHOOLS DISTRICT ADVISORY COUNCIL BYLAWS. Adopted October 8, 2009

SCHOOL SITE COUNCIL BYLAWS Trace Elementary, Rev 2/11/2013. Article I Duties of the School Site Council

BE IT ENACTED as a By-Law of the ONTARIO LIBRARY ASSOCIATION hereinafter referred to as the "Association", as follows:

CHARTER OF THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF ALTA MESA RESOURCES, INC. ADOPTED ON FEBRUARY 9, 2018

PROSPERITY BANCSHARES, INC. COMPENSATION COMMITTEE CHARTER

TOPIC: Announcement of Open Volunteer Positions for the Regional Coordination Council

Loyalsock Township School District Workplace Safety Committee Bylaws Reviewed August 20, 2018

OPEN MEETINGS LAW I. ARTICLE XII, SECTION 3, LOUISIANA CONSTITUTION

PURE CYCLE CORPORATION

CHARTER OF THE NOMINATING COMMITTEE OF THE BOARD OF TRUSTEES OF FS SERIES TRUST ADOPTED AS OF APRIL 2017

PUBLIC LIBRARY ASSOCIATION OF ANNAPOLIS AND ANNE ARUNDEL COUNTY, INCORPORATED FOURTEENTH AMENDMENT AND COMPLETE RESTATEMENT OF ITS BYLAWS

Charter of the Compensation Committee of the Board of Directors of Trinseo S.A.

Home Economics Institute of Australia Inc.

ARTICLE I ORGANIZATION

This Chapter shall be known and may be cited as the Open Meetings Law.

TABULA RASA HEALTHCARE, INC. CHARTER OF THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS APPROVED BY THE BOARD OF DIRECTORS SEPTEMBER 14, 2016

Guidelines for all Board Committees

Lakeside School Lakeside Union School District. School Site Council Bylaws

Bylaws of ISACA Los Angeles Chapter. Effective: 06/08/10

FRESHWATER CREEK STEINER SCHOOL INC

INTERNATIONAL ADVISORY COMMITTEE OF THE MEMORY OF THE WORLD PROGRAMME. Rules of Procedure

ACHCA BY-LAWS. April 2013 Updated November 2018

Applies to: All Governing Bodies of public agencies Standing Committees of Governing Bodies Any Committee with two or more members of the Governing Bo

PERFORMANCE FOOD GROUP COMPANY COMPENSATION COMMITTEE CHARTER

The Council Standing Orders

CHARTER OF THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF EL POLLO LOCO HOLDINGS, INC. Amended and Restated as of May 20, 2015

A Joint Presentation for the VSBA November 18, Mary McGowan Blankingship & Keith

CHARTER OF THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF FTD COMPANIES, INC. ADOPTED BY THE BOARD EFFECTIVE NOVEMBER 1, 2013

BOARD MEETINGS (LEGAL)

Women s Advisory Committee for Support Staff Michigan State University. BYLAWS (updated May 18, 2017)

COMPENSATION COMMITTEE CHARTER

CONSTITUTION OF ASC X12C THE COMMUNICATIONS AND CONTROLS SUBCOMMITTEE

Terms of Reference and Rules of Procedure Clinical Trials Subcommittee

Terms of Reference. For. Local Governing Bodies

ARTICLE I: NAME, AFFILIATION AND MISSION ARTICLE I, SECTION 1. The name of the Association shall be the Arkansas School Counselor Association (ArSCA).

American Bar Association Law Student Division The Elections Code: Guidelines, Policies, and Procedures

Constitution. Women in Insolvency and Restructuring Victoria Incorporated

TRIBAL CODE CHAPTER 14: RULES OF PARLIAMENTARY PROCEDURE ORDINANCE

[Adopted by the Executive Board on March 15, 2017.]

NEW YORK INDEPENDENT SYSTEM OPERATOR

By Laws of Legacy Solar Wisconsin Cooperative

2018 Chapter Officers & Delegates Election

BYLAWS OF INTERNATIONAL DETAILING ASSOCIATION As revised by a vote of the membership

B - SCHOOL COMMITTEE OPERATIONS

ARTICLE 1: About This By-law

Northern California Convention of. Narcotics Anonymous COMMITTEE GUIDELINES Walters Court Suite A, Fairfield, CA 94533

ACHPER Incorporated. Constitution AUGUST 2017

The Alabama Open Meetings Act

Sweepstakes Rules NO PURCHASE OR ENTRY FEES NECESSARY TO ENTER OR INCREASE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED BY LAW.

CTAS e-li. Published on e-li ( June 26, 2018 Open Meetings Act (Sunshine Law)

CALIFORNIA ASSOCIATION OF SCHOOL PSYCHOLOGISTS, Inc. By-Laws

School Site Council Bylaws. Article I: Duties of the SSC

Transcription:

Freedom of Information Act: Meeting Requirements Presented by: Assistant Attorney General Reid Adkins

Which Meetings Are Covered? A.C.A 25-19-106(a): all meetings of governing bodies of state boards, bureaus, commissions, or organizations shall be public meetings. Includes formal or informal, regular or special Supported wholly or in part by public funds or expending public funds Except as otherwise provided by law No grand juries

Special Considerations of Meetings (Part 1) No quorum required for meeting under FOIA Emails can constitute a meeting under certain circumstances (Op. 2005-166) Public is entitled to attend not participate Reasonable access afforded to public (Op. 2006-152)

Voting: Special Considerations of Meetings (Part 2) Public must be able to see how each individual member votes No polling or secret telephone conferences No huddling while in deliberations

Governing Body vs. Advisory Body Governing Body: A body with final decision-making or policy-making authority Advisory Body: Exists only to make recommendations, collect information, or give advice

Types of Meetings (Op. 2010-166) Regular: Presumably a meeting that has been regularly scheduled by a governing body Special / Emergency: Presumably a meeting necessitated by a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action by the governing body

Notice Requirements Regular Meeting Pursuant to Administrative Procedure Act Date, time, and location No less than 3 days before www.arkansas.gov Agency website (if possible) Pursuant to FOIA Time and place to anyone who requests

Notice Requirements Special / Emergency Meeting Time and Place Two Hours Before Meeting to: News media in the county where meeting is held News media elsewhere that covers regular meetings That have requested to be notified of special meetings

Executive Session - Personnel Matters (Op. 2002-161) Executive Session Permitted Only For The: Employment Appointment Promotion Demotion Disciplining, or Resignation of public officer or employee

Executive Session Procedure Notice requirements still apply Must announce specific purpose before going into executive session Must vote in public afterward or action is void

Executive Session Attendance By Right: All members of the governing body By Invitation: Interviewee for top administrative position The top administrator, immediate supervisor, and employee Cannot Attend: Everyone else, including attorneys

Enforcement of Covered Meetings Action is void if no public vote Noncompliance in other respects renders action voidable Court will only invalidate the action when: Opportunity to hold conforming meeting has been given; To vindicate public as opposed to private interest; Violation is substantial; and Violation is committed knowingly.

The Christmas Party Claud and Rudolph (both members of the Arkansas Elf Licensing Board) attend the annual Christmas Party. While at the Party, Claud and Rudolph discuss what disciplinary action to take against a licensed elf that has been naughty. Did this constitute a meeting under the FOIA?

It Depends on the Facts and Circumstances Was the social function used as a device to circumvent the FOIA? If yes, then it should be treated as a violation. Was the discussion of public business intermittent and incidental to the social function? If yes, then no violation.

The Christmas Party II At the Christmas Party, Claud and Rudolph reached the conclusion that the licensed elf had been extremely naughty and should have his license suspended immediately. Claud and Rudolph started a group text message with all the Board members asking them what their thoughts were on the situation. With the help of technology, the Board was able to reach a decision in minutes that potentially saved Christmas for Arkansas boys and girls. Do the text messages violate the FOIA?

YES Because the public was not able to monitor and observe the Board s deliberations in the group text messages that formed the basis for the Board s decision.

Finding Waldo The Arkansas Dept. of Thinkers and Doers formed a Search Committee to narrow the pool of candidates for a new director. After meeting for hours, the Committee finally narrowed it down to two candidates to recommend to the Board: Waldo and Odlaw. Do the FOIA notice requirements apply to the Search Committee s meeting?

YES Because the search committee has been delegated decisions-making authority to vet the pool of candidates.

Finding Waldo II The Arkansas Dept. of Thinkers and Doers formed a Search Committee for a new director. The Committee met one afternoon to go through the entire pool of candidates. At the next Board meeting, the Committee presented all the candidates to the Board and made recommendations. Do the FOIA notice requirements apply to the Search Committee s meeting?

It Depends on the Facts and Circumstances What is the composition of the subcommittee? Did the governing body delegate any decisionmaking authority to the subcommittee? Is the Board likely to rubber-stamp the subcommittee s recommendations?

Secrets Don t Make Friends At the Arkansas Secret Society Board meeting, the Chairperson of the Board announces to the public that the Board is going into executive session to discuss an employee s position. The Board invited the Executive Director to attend the executive session. When the Board reconvenes to vote, the Board announces it s decision to promote James Bond to 00 status. Does this executive session violate the FOIA?

It Depends on the Facts and Circumstances Was proper notice provided for the meeting? Is the purpose of the Executive Session permitted? Was the purpose of the Executive Session properly announced in public?

Secrets Don t Make Friends II At the Arkansas Secret Society Board meeting, the Chairperson of the Board announces to the public that the Board is going into executive session to consider disciplinary action of a particular employee. When the Board reconvenes, the Board announces it considered the disciplinary action of a particular employee, but did not reach a decision. Does the Board s announcement when it reconvened violate the FOIA?

NO Because there was no decision made by the Board that required a public vote.

Resources Arkansas Freedom of Information Handbook (17 th ed.) Watkins & Peltz, Arkansas Freedom of Information Act (5 th ed., 2009) Arkansas Attorney General s Website www.arkansasag.gov/opinions Board Member Handbook

800.482.8982 oag@arkansasag.gov AGLeslieRutledge AGRutledge AGLeslieRutledge ArkansasAG AGRutledge Attorney General Leslie Rutledge