Alabama Open Meetings Act
From Sunshine Review
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Which government meetings are open to the public?
All meetings where government bodies deliberate are open to the public except for executive sessions. No meetings of a governmental body may be held without providing notice pursuant to the requirements in the Open Meetings Act. Electronic communications cannot be used as a loophole for the Open Meetings Act provisions. The Open Meetings Act does, however, allow for audio/visual recording in the meeting.[1]
[edit] Meeting process
Prior notice must be given in compliance with this act so that constituents of the governmental body, members of the media, persons interested in the activities of the governmental body, and citizens of this state could, if they desired, attend and observe. The body must first submit the notice to the State Secretary of State.[1]
These meetings may be held to exercise the powers which the governmental possesses or to approve the expenditure of public funds. A governmental body maintains accurate records of its meetings, excluding executive sessions.
All votes on matters before a governmental body must be made during the open or public portion of a meeting and voice votes are allowed. No votes can be taken in executive sessions and a governmental body may not vote by secret ballot.[1]
[edit] Exceptions
Any meeting where a vote, discussion or action will be taken, excluding executive sessions, is open to the public.
Executive sessions
Executive sessions are not required, but citizens may not attend them. They may only be held:
- To discuss the job performance or personal characteristics of certain public employees
- When allowed by law, to consider the discipline or dismissal of, or to hear formal written complaints or charges brought against a public employee, a student at a public school or college, or an individual, corporation, partnership, or other legal entity subject to the regulation of the governmental body
- To discuss with their attorney sensitive information pertaining to cases
- To discuss security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or other infrastructures (including, information concerning critical infrastructure, as defined by federal law, and critical energy infrastructure information, as defined by federal law, the public disclosures of which could reasonably be expected to be detrimental to public safety or welfare)
- To discuss information that would disclose the identity of an undercover law enforcement agent or informer or to discuss the criminal investigation of a person who is not a public official in which allegations or charges of specific criminal misconduct have been made or to discuss whether or not to file a criminal complaint
- To discuss what the governmental body is willing to offer or accept when considering the purchase, sale, exchange, lease, or market value of real property
- To discuss preliminary negotiations involved when the governmental body is in competition with private individuals or entities or other governmental bodies in Alabama or anywhere else in the world or to discuss matters or information of the character defined or described in the Alabama Trade Secrets Act
- To discuss strategy in preparation for negotiations between the governmental body and a group of public employees
- To deliberate and discuss evidence or testimony presented during a case hearing and vote upon the outcome of the proceeding or hearing if the governmental body is acting as a quasi-judicial body. The body either votes upon its decision in an open meeting or issues a written decision which may be appealed to a hearing officer, an administrative board, court, or other body with authority to conduct a hearing or appeal of the public matter
If the governmental body wishes to hold a public-excluded executive session, they must first convene an open meeting, then the body members may vote by majority to close it for the executive session.[1]
[edit] If violated
If a governmental body violates the Alabama Open Meetings Act, they may file a complaint. A preliminary hearing on the complaint filed will be held no later than 10 business days after the date that the defendant(s) filed and initial response to the complaint. If the defendant(s) does not file an initial response, the hearing will be no later than 17 business days after the filing of the complaint. If the proof is substantial, circuit court will issue an appropriate final order against the offenders.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of open meetings lawsuits in Alabama. For more information go the the page or go to Alabama sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
[edit] See also
[edit] External links
- Alabama's official website
- Alabama Public Records Law on Sunshine Review
- "Alabama's Sunshine Law might be strengthened soon"
[edit] References
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