PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Sonny Brasfield Executive Director wwwalabamacountiesorg PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Legislation Proposed in 2014 Regular Session Passed Senate and House Added Amendments ID: 293593
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www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Sonny BrasfieldExecutive DirectorSlide2
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Legislation Proposed in 2014 Regular SessionPassed Senate and House Added AmendmentsBill Died in “Basket” Before Senate Considered House ChangesHouse-passed Version Expected to be Introduced 2015 SessionSlide3
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Committees and sub-committeesSerial MeetingsEconomic Development Exception
Exception
for two members to be together
Exempts
Legislature
Amendments
to Penalty SectionSlide4
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Committees and sub-committeeClearly states that all provisions of the open meetings law apply to a “sub-committee, committee or full governmental body”Slide5
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Serial MeetingsCodifies AG Opinions making “Serial Meetings” a violationSlide6
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Defines “serial meeting” as any “series of gatherings of two or more members of a governmental body, at which”:Less than quorum present at each gathering, and at least one person attends at least two of the gatherings
Total
number in all gatherings is at least a
quorum
No
notice of the gatherings is
provided
The
members “deliberate” during the
gathering
Gatherings
held for the purpose of circumventing the
law
At
least one of the gatherings occurs within 7 days of a vote on the matters deliberatedSlide7
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Three specific items are excluded from the “Serial Meeting” definition:Gatherings with no deliberation or simply to exchange information
Gatherings
related to job search that result in the candidates being narrowed to three or
less
Gatherings
by University Trustees for job searches for top positionsSlide8
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Economic Development ExceptionExcludes from the definition of meeting times when a quorum holds discussions with “economic, industrial, or commercial prospect or incentive” that do not include final actionSlide9
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Two MembersEstablishes a special exception for two members of a full governmental body who talk together (but do not deliberate) even if there are only three members on the full body itselfSlide10
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Exempts LegislatureProvides that “no other provisions” of the open meetings law apply to the LegislatureSlide11
www.alabamacounties.org
PROPOSED CHANGESALABAMA OPEN MEETINGS LAW
Amendments to PenaltiesAllows only one penalty per incident for each board member, even if there are multiple plaintiffs
Establishes
minimum penalty as $1 to clarify appropriate parties to file suit