OPEN MEETINGS ACT February 9, 2019 AASB Fly-In L AEL H ARRISON B - - PowerPoint PPT Presentation

OPEN MEETINGS ACT

February 9, 2019 AASB Fly-In

LAEL HARRISON

BASICS

• “A

“ALL

LL ME MEETINGS TINGS OF OF A GOV OVERNM NMENTAL BODY ODY OF OF A PUBL BLIC ENTITY TY OF OF THE ST STATE ARE RE OPEN EN TO THE PUBL BLIC EXC XCEPT PT AS AS OT OTHERWI WISE PROV OVIDE IDED BY BY THIS SECT CTION ION OR OR ANOT NOTHER PRO PROVIS ISIO ION OF OF LA LAW.”

BASICS

• “A

“ALL

LL ME MEETINGS TINGS OF OF A GOV OVERNM NMENTAL BODY ODY OF OF A PUBL BLIC ENTITY TY OF OF THE ST STATE ARE RE OPEN EN TO THE PUBL BLIC EXC XCEPT PT AS AS OT OTHERWI WISE PROV OVIDE IDED BY BY THIS SECT CTION ION OR OR ANOT NOTHER PRO PROVIS ISIO ION OF OF LA LAW.”

WHAT IS A MEETING?

• BOA

OARD MEET EETINGS

– VS

• ADV

DVIS ISORY COMMIT MMITTEE

MEET

EETINGS

WHAT IS A MEETING?

• BOA

OARD MEET EETINGS

– VS

• ADV

DVIS ISORY COMMIT MMITTEE

MEET

EETINGS

WHAT IS A MEETING?

• BOA

OARD MEET EETINGS

– “MO

MORE THAN TH THREE ME MEMB MBERS RS OR OR A MA MAJORITY OF OF THE ME MEMB MBERS RS,

,

WHICH CHEVER IS IS LESS SS, AR ARE PR PRES ESEN ENT,

, [AND

ND]

] A MA

MATTER UPON ON WHICH CH THE GOV OVERNM NMENTAL BODY DY IS IS EM EMPO POWE WERED TO TO ACT CT IS IS CONSIDER ERED ED BY BY THE ME MEMB MBERS RS COLLE LECTIV IVELY LY”

WHAT IS A MEETING?

• BOA

OARD MEET EETINGS

– “MO

MORE THAN TH THREE ME MEMB MBERS RS OR OR A MA MAJORITY OF OF THE ME MEMB MBERS RS,

,

WHICH CHEVER IS IS LESS SS, AR ARE PR PRES ESEN ENT,

, [AND

ND]

] A MA

MATTER UPON ON WHICH CH THE GOV OVERNM NMENTAL BODY DY IS IS EM EMPO POWE WERED TO TO ACT CT IS IS CONSIDER ERED ED BY BY THE ME MEMB MBERS RS COLLE LECTIV IVELY LY”

WHAT IS A MEETING?

• BOA

OARD MEET EETINGS

– “MO

MORE THAN TH THREE ME MEMB MBERS RS OR OR A MA MAJORITY OF OF THE ME MEMB MBERS RS,

,

WHICH CHEVER IS IS LESS SS, AR ARE PR PRES ESEN ENT,

, [AND

ND]

] A MA

MATTER UPON ON WHICH CH THE GOV OVERNM NMENTAL BODY DY IS IS EM EMPO POWE WERED TO TO ACT CT IS IS CONSIDER ERED ED BY BY THE ME MEMB MBERS RS COLLE LECTIV IVELY LY”

WHAT IS A MEETING?

• BOA

OARD MEET EETINGS

– “MO

MORE THAN TH THREE ME MEMB MBERS RS OR OR A MA MAJORITY OF OF THE ME MEMB MBERS RS,

,

WHICH CHEVER IS IS LESS SS, AR ARE PR PRES ESEN ENT,

, [AND

ND]

] A MA

MATTER UPON ON WHICH CH THE GOV OVERNM NMENTAL BODY DY IS IS EM EMPO POWE WERED TO TO ACT CT IS IS CONSIDER ERED ED BY BY THE ME MEMB MBERS RS COLLE LECTIV IVELY LY”

WHAT IS A MEETING?

• BOA

OARD MEET EETINGS

– STATUT

UTORY EXCEPTION ONS:

• H EARI

ARING D ELIBERATION TIONS

• S TAF

AFF M EET EETINGS

• AASB

SB M EET

EETINGS AN AND THE LI LIKE KE: “

: “ ONLY

LY IF IF NO NO AC ACTIO ION IS IS TAKEN KEN AN AND NO NO BU BUSIN SINESS OF OF THE GOV OVERNMENTAL AL BOD BODY IS IS CO CONDUCT CTED ED AT AT THE MEET EETINGS.”

.”

WHAT IS A MEETING?

• BOA

OARD MEET EETINGS

– VS

• ADV

DVIS ISORY COMMIT MMITTEE

MEET

EETINGS

WHAT IS A MEETING?

• ADV

DVIS ISORY COMMIT MMITTEE

MEET

EETINGS

– “MO

MORE THAN TH THREE ME MEMB MBERS RS OR OR A MA MAJORITY OF OF THE ME MEMB MBERS RS,

,

WHICH CHEVER IS IS LESS SS, AR ARE PR PRES ESEN ENT,[

,[AND] ] THE GATHERI

RING IS IS PREARRANG ANGED FOR FOR THE PURPOSE POSE OF OF CONSI SIDE DERING A MA MATTER UPON ON WHICH CH THE GOVERN RNME MENTAL BODY ODY IS IS EM EMPO POWER ERED TO TO ACT CT”

WHAT IS A MEETING?

• ADV

DVIS ISORY COMMIT MMITTEE

MEET

EETINGS

– “MO

MORE THAN TH THREE ME MEMB MBERS RS OR OR A MA MAJORITY OF OF THE ME MEMB MBERS RS,

,

WHICH CHEVER IS IS LESS SS, AR ARE PR PRES ESEN ENT,[

,[AND] ] THE GATHERI

RING IS IS PREARRANG ANGED FOR FOR THE PURPOSE POSE OF OF CONSI SIDE DERING A MA MATTER UPON ON WHICH CH THE GOVERN RNME MENTAL BODY ODY IS IS EM EMPO POWER ERED TO TO ACT CT”

WHAT IS A MEETING?

• ADV

DVIS ISORY COMMIT MMITTEE

MEET

EETINGS

– “MO

MORE THAN TH THREE ME MEMB MBERS RS OR OR A MA MAJORITY OF OF THE ME MEMB MBERS RS,

,

WHICH CHEVER IS IS LESS SS, AR ARE PR PRES ESEN ENT,[

,[AND] ] THE GATHERI

RING IS IS PREARRANG ANGED FOR FOR THE PURPOSE POSE OF OF CONSI SIDE DERING A MA MATTER UPON ON WHICH CH THE GOVERN RNME MENTAL BODY ODY IS IS EM EMPO POWER ERED TO TO ACT CT”

WHAT IS A MEETING?

• ADV

DVIS ISORY COMMIT MMITTEE

MEET

EETINGS

– “MO

MORE THAN TH THREE ME MEMB MBERS RS OR OR A MA MAJORITY OF OF THE ME MEMB MBERS RS,

,

WHICH CHEVER IS IS LESS SS, AR ARE PR PRES ESEN ENT,[

,[AND] ] THE GATHERI

RING IS IS PREARRANG ANGED FOR FOR THE PURPOSE POSE OF OF CONSI SIDE DERING A MA MATTER UPON ON WHICH CH THE GOVERN RNME MENTAL BODY ODY IS IS EM EMPO POWER ERED TO TO ACT CT”

BASICS

• “A

“ALL

LL ME MEETINGS TINGS OF OF A GOV OVERNM NMENTAL BODY ODY OF OF A PUBL BLIC ENTITY TY OF OF THE ST STATE ARE RE OPEN EN TO THE PUBL BLIC EXC XCEPT PT AS AS OT OTHERWI WISE PROV OVIDE IDED BY BY THIS SECT CTION ION OR OR ANOT NOTHER PRO PROVIS ISIO ION OF OF LA LAW.”

WHAT IS “OPEN TO THE PUBLIC?

• REASONA

ONABLE LOCATION ON

– GEOGRA

RAPHY

– ACCE

CCESSIBILITY

– OPTION

ONS

WHAT IS “OPEN TO THE PUBLIC?

• TELEC

ELECONFER EREN ENCE

– OK OK FOR

OR PUBLIC IC AND ND BOARD RD MEM EMBER ERS

– GIV

IVE NOTICE ICE OF OF CAL CALL-IN IN INFO FO

– IF FROM

OM SPECIF IFIC IC LOCAT CATION,

,

MAK AKE MATERI ERIALS AVAILA LABLE BLE THERE RE

– ROLL

LL CAL CALL VO VOTE TE

BASICS

• “R

“REA

EASONABLE LE PUBL BLIC NO NOTICE CE SH SHALL BE BE GIVEN EN FOR OR ALL LL MEETI TINGS GS REQUIRE RED TO BE BE OPEN EN UN UNDER TH THIS SECTI TION ON.”

BASICS

• “REA

EASONABLE LE PUBL BLIC NO NOTICE CE SH SHALL BE BE GIVEN EN FOR OR ALL LL MEETI TINGS GS REQUIRE RED TO BE BE OPEN EN UN UNDER TH THIS SECTI TION ON.”

WHAT IS “REASONABLE PUBLIC NOTICE”?

• MUST

UST INCLU LUDE:

– DATE, TIM

IME AND ND PLACE ACE

– ANY

NY TELEC ECON ONFEREN RENCING INFO FO

– TOPIC

ICS

WHAT IS “REASONABLE PUBLIC NOTICE”?

• POST

ST AT AT DISTR TRICT OFFIC FFICE

• “P

“PRINT

NT OR OR BROADCA DCAST ME MEDIA DIA”

– SOCIAL

IAL MEDIA IA?

• REASONA

ONABLY IN IN ADVANCE NCE

• CONS

ONSISTE TENCY

WHAT IS “REASONABLE PUBLIC NOTICE”?

• EMER

ERGEN ENCY MEET EETINGS

– GIV

IVE WHATEV EVER ER NOTIC ICE YOU OU CAN CAN!

EXECUTIVE SESSIONS

• SENS

NSITI TIVE FINANCIAL ISSUE SSUES

• SENS

NSITI TIVE REPUTATI TION ON ISSUE SSUES

• LEGA

GALLY LY CONFIDE DENTIA NTIAL INF NFO

• LEGA

GALLY LY CONFIDE DENTIA NTIAL DOC OCS

EXECUTIVE SESSIONS

• SENS

NSITI TIVE FINANCIAL ISSUE SSUES

• SENS

NSITI TIVE REPUTATI TION ON ISSUE SSUES

• LEGA

GALLY LY CONFIDE DENTIA NTIAL INF NFO

• LEGA

GALLY LY CONFIDE DENTIA NTIAL DOC OCS

EXECUTIVE SESSIONS

• SENS

NSITI TIVE FINANCIAL ISSUE SSUES

• SENS

NSITI TIVE REPUTATI TION ON ISSUE SSUES

• LEGA

GALLY LY CONFIDE DENTIA NTIAL INF NFO

• LEGA

GALLY LY CONFIDE DENTIA NTIAL DOC OCS

EXECUTIVE SESSIONS

• SENS

NSITI TIVE FINANCIAL ISSUE SSUES

• SENS

NSITI TIVE REPUTATI TION ON ISSUE SSUES

• LEGA

GALLY LY CONFIDE DENTIA NTIAL INF NFO

• LEGA

GALLY LY CONFIDE DENTIA NTIAL DOC OCS

EXECUTIVE SESSIONS

• SENS

NSITI TIVE FINANCIAL ISSUE SSUES

• SENS

NSITI TIVE REPUTATI TION ON ISSUE SSUES

• LEGA

GALLY LY CONFIDE DENTIA NTIAL INF NFO

• LEGA

GALLY LY CONFIDE DENTIA NTIAL DOC OCS

EXECUTIVE SESSIONS

• LOGISTICS

CS

– CONVE

VENE NE AS AS PUBLIC IC MEETIN ING

– MOVE

VE TO EN ENTER ER EXEC EXEC SE SESSI SSION

– DO NO

NOT DISCUSS OTHE HER TOPIC ICS

– TAKE

AKE NO NO ACT ACTION

– MOVE

VE TO EXI EXIT

– VOT

OTE

PENALTIES

• CORRE

RRECT CTIVE ACTI TION ON

• 180 DAYS

YS TO TO FIL FILE LAWS WSUIT IT

–BOARD VIOLATIONS

IONS ONLY NLY

• COUR

URT CAN VOID ID ACTI TION ON

– CURE

RE?

• ATTOR

TTORNEYS YS’ F

’ FEES

EES?

• OTHER

ER?

OTHER CONSIDERATIONS

• BYLAW

AWS

• POLIC

ICIE IES

• LOCAL

AL ORDINA NANC NCES

QUESTIONS?

SCENARIO 1

• BOA

OARD GOE GOES ON ON SI SITE VIS ISIT IT OF OF PRO PROSPECTIVE NEW EW SCHOOL OOL LOC LOCATION

SCENARIO 2

• BOA

OARD ME MEMBE MBER CALL LLS: “

: “I’M

CALL LLING NG EV EVER ERYONE TO TO SE SEE WHAT AT THEY EY THINK NK ABOUT UT TH THE POTE OTENTI NTIAL NEW EW SCHOOL OOL SI SITE”

SCENARIO 2.5

• BOA

OARD ME MEMBE MBER CALL LLS: “

: “I’M

CALL LLING NG EV EVER ERYONE TO TO SE SEE IF IF THEY EY WE WERE RE ABLE TO TO OPEN EN TH THE ATTACH CHMENT NT TO TO MEET EETING PACKE KET THAT AT WE WE GOT GOT”

SCENARIO 3

• AT A PA

PART RTY YOU YOU FIN FIND YOU YOURSELF LF IN IN A GR GROU OUP OF OF BOARD RD ME MEMBE MBERS WH WHO ARE RE ALL LL TA TALKI LKING ABOUT UT TH THE POTE OTENTI NTIAL NEW EW SCHOOL OOL SI SITE

SCENARIO 3.5

• AT A PA

PART RTY YOU YOU FIN FIND YOU YOURSELF LF IN IN A GR GROU OUP OF OF BOARD RD ME MEMBE MBERS AND ND PU PUBL BLIC IC ME MEMBE MBERS RS WH WHO ARE RE ALL LL TA TALKI LKING ABOUT UT TH THE POTE OTENTI NTIAL NEW EW SCHOOL OOL SI SITE

SCENARIO 4

• A

A BOARD

RD ME MEMBE MBER WRIT WRITES AN AN EMA MAIL IL TO TO ALL LL TH THE BOARD RD ME MEMBE MBERS RS ABOUT UT TH THE PRO PROPO POSED NEW EW SCHOO OOL SI SITE

SCENARIO 4.5

• A

A ME

MEMBE MBER OF OF TH THE PU PUBL BLIC IC WRIT WRITES AN AN EMA MAIL IL TO TO ALL LL TH THE BOARD RD ME MEMBE MBERS ABOUT UT TH THE PRO PROPO POSED NEW EW SCHOOL OOL SI SITE

SCENARIO 5

• ONE

NE BO BOARD RD ME MEMBE MBER TWEET EETS

“I * *LUV* UV* TH

THE NEW EW SCHOOL OOL SI SITE!!”

” THREE

EE BO BOARD RD ME MEMBE MBERS RE RE-TWEET EET.

.

SCENARIO 5.5

• DIS

ISTRI RICT FACEBOOK OK ADMI DMIN POS OSTS TS A PICT PICTURE RE OF OF TH THE POTE OTENTI NTIAL NEW EW SCHOOL OOL SI SITE AND ND FOUR UR BO BOARD RD ME MEMBE MBERS COM OMMENT.

.

CONCLUSION

• IN CLOS

OSE CASE SES,

, PU

PUBL BLIC IC ACCESS WIN WINS!

QUESTIONS?

LAEL HARRISON