New Open Meeting Law Takes Effect July First.
- New requirements for certifications and other documentation to keep on file. (These requirements will likely pertain to the Town Clerk’s Office.)
- 48 hour notice – still required, but now cannot count Saturdays, Sundays or holidays. (Example: Monday night meeting must be posted before Thursday night.)
- Notices must (1) include a list of topics the chair reasonably anticipates will be discussed (i.e., agenda), and (2) be posted in or on a municipal building to be visible to public at all hours. (Having meetings posted on the Town Website does NOT bring officials into compliance. Town Officials must have a posting board attached to the OUTSIDE of Town Hall!)
- Emails are expressly included in definition of “deliberation” (must be in open session), but discussion of agendas, scheduling information or reports to be discussed at next meeting is permitted.
- Attendance by a quorum at a location will not constitute a “meeting” if it is not the intention of the board/commission to conduct business and no deliberations occur. (For example, attending a conference, social event or a meeting of another municipal board is acceptable, as long as no discussions ensue regarding board/committee issues.)
- Minutes must contain more detailed information in addition to “date, place, time and matters discussed,” they shall include summaries of matters discussed, and a list of documents used, all decisions made/votes taken.
- “Minutes” shall also include “documents and other exhibits, such as photographs, recordings or maps used by the body at an open or executive session and along with the minutes, be part of the official record of the session.”
- Remote participation (conference call, audio or video conferencing) will likely be allowed by regulation or letter ruling of the Attorney General. (However, a quorum of the body will have to be present and the meeting cannot be chaired via audio or video conferencing).
- All persons serving on a public body must receive a copy of the Open Meeting Law and related regulations and must submit receipt of same to the Town Clerk within two weeks of appointment.
- Citizens making complaints of Open Meeting Law violations must file written complaints with the governmental body first. The governmental body then submits a reply to the complainant and the Attorney General’s Office.
Read also:
Open and accountable Government.Record Keeping at the Planning Board.
Edit - Delete
Comments:
Posted on 2 Jul 2010, 13:10 by Close to homeSounds Familiar
At www.law.com, collusion is defined as “Where two persons or business entities enter into a deceitful agreement, usually secret, to defraud and/or gain an unfair advantage over a third party, competitors, consumers or those with whom they are negotiating.”
_________________________________________________________________