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Alabama Open Meetings Act

Find your State Sunshine Laws Open Records laws Open Meetings Laws How to Make Records Requests Sunshine Headlines Across the Country or by State Major Records Requests Sunshine Legislation 2010 Sorted by State, Year and Topic Sunshine Litigation Sorted by State, Year and Topic Sunshine Nuances Private Agencies, Public Dollars Deliberative Process Exemption

Contents 1 Relevant legal cases 2 Proposed open meetings legislation 2.1 2010 3 Statement of purpose 4 Which government meetings are open to the public? 5 What government bodies are subject to the laws? 5.1 Legislature 6 Notice requirements 7 Meeting process 8 Executive sessions 9 If violated 10 See also 11 External links 12 References

The Alabama Open Meetings Act legislates the methods by which public meetings are conducted. Statutes 36.25A.1 - 36.25A.11 of the Alabama Code define the law.

[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 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] Proposed open meetings legislation

[edit] 2010

See also Proposed transparency legislation, Open meetings legislation

Here is a list of open meetings legislation for the Alabama in 2010:

Rating	Bill	Current Status	Progress	Information
b	House Bill 189	Current Status:c (Referred to Education Appropriations Committee)	b	House Bill 189 is a bill introduced to the Alabama House of Representatives by Representative Mary Sue McClurkin which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. [1]
b	House Bill 235	Current Status:c (Referred to Tourism and Travel Committee)		House Bill 235 is a bill introduced to the Alabama House of Representatives by Representative John Rogers which would create the Alabama Gaming Control Board and require the body to hold at least one public meeting each quarter and keep records of the proceedings. [2]
b	House Bill 264	Current Status:c (Referred to Energy and Natural Resources Committee)		House Bill 264 is a bill introduced to the Alabama House of Representatives by Representative Greg Wren which would create the Alabama Residential Energy Code Board and require the board to hold open meetings. [3]
b	House Bill 324	Current Status:c(Referred to Government Operations Committee)		House Bill 324 is a bill introduced to the Alabama House of Representatives by Representative Jim McClendon which would require the Alabama Private Investigations Board to hold open meetings pursuant to Alabama state law.[4]
b	House Bill 36	Current Status:c(Referred to County and Municipal Government Committee)		House Bill 36 is a bill introduced to the Alabama House of Representatives by Representative Thomas Jackson which would require any municipality to give public notice and hold an open meeting if it receives an application or proposal regarding changes in the areas' public waste management system. The bill also places a restriction on how long after the application is submitted before the government body must act on the proposal. [5]
c	House Bill 475	Current Status:f (Bill died in the basket after passing the House and Senate)		House Bill 475 is a bill introduced to the Alabama House of Representatives by Representative Betty Carol Graham which would create the Creek War and War of 1812 Bicentennial Commission which would not be subject to open meetings or public record requirements of a government body. [6]
b	House Bill 507	Current Status:c (Referred to Tourism and Travel Committee)		House Bill 507 is a bill introduced to the Alabama House of Representatives by Representative Marcel Black which would allow authorized federally recognized bingo and create a State Gaming Commission which would be subject to open meetings. [7]
b	House Bill 517	Current Status:c (Referred to Government Appropriations Committee)	b	House Bill 517 is a bill introduced to the Alabama House of Representatives by Representative Mike Ball which would create an Office of Administrative Hearings and a State Advisory Council on Administrative Hearings which would create rules, regulations and powers to govern Administrative Hearings. These hearings would be subject to Alabama's Open Meetings Law. [8]
b	House Bill 593	Current Status:c(Referred to Government Operations Committee)		House Bill 593 is a bill introduced to the Alabama House of Representatives by Representative Thad McClammy which would allow the board of trustees of any four year institution to hold meetings via teleconference or video conference as long as the public was informed of the meeting as pursuant to the Open Meetings Act. [9]
b	House Bill 658	Current Status:c(Referred to Government Operations Committee)		House Bill 658 is a bill introduced to the Alabama House of Representatives by Representative John Knight which would create the Alabama Indigent Defense Commission which would be required to hold open meetings. [10]
b	House Bill 672	Current Status:c(Referred to Boards and Commissions Committee)	b	House Bill 672 is a bill introduced to the Alabama House of Representatives by Representative Ken Guin which would require the Alabama Land Bank Authority to keep records that can be inspected as open records and hold open meetings. [11]
b	House Bill 677	Current Status:c (Referred to Education Appropriations Committee)	b	House Bill 677 is a bill introduced to the Alabama House of Representatives by Representative Mary Sue McClurkin which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. [12]
b	House Bill 69	Current Status:x(Was transferred to Governor for final signature on 04-22-10)	i	House Bill 69 is a bill introduced to the Alabama House of Representatives by Representative Mike Hubbard which would allow the board of trustees of any four year institution to hold meetings via teleconference or video conference as long as the public was informed of the meeting as pursuant to the Open Meetings Act. [13]
b	House Bill 739	Current Status:x(Was transferred to Governor for final signature on 04-22-10)	i	House Bill 739 is a bill introduced to the Alabama House of Representatives by Representative Steve McMillan which would require the Baldwin County Commission to hold open meetings and keep meeting minutes which as public records would be filed in the office of the board.[14]
b	Senate Bill 202	Current Status:c (Referred to Finance and Taxation Education Committee)	n	Senate Bill 202 is a bill introduced to the Alabama Senate by Senator Steve French which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. [15]
a	Senate Bill 27	Current Status:c (Referred to Judiciary Committee)	n	Senate Bill 27 is a bill introduced to the Alabama Senate by Senator Henry Sanders which would create an Alabama Innocence Inquiry Commission o which would require the commission to maintain records. These records and the proceedings of the commission are confidential and exempt from public record. If there is evidence that a convicted felon whose file has been reviewed by the commission is innocent all records of the commission and supporting records are referred to a district court at which time they become public record. [16]
b	Senate Bill 315	Current Status:x (Referred to Governor for final signature)	u	Senate Bill 315 is a bill introduced to the Alabama Senate by Senator George M. "Marc" Keahey which would create the Alabama Residential Energy Code Board and require the board to hold open meetings.[17]
b	Senate Bill 326	Current Status:x (Referred to Governor for final signature)	u	Senate Bill 326 is a bill introduced to the Alabama Senate by Senator Linda Coleman which would require the Alabama Land Bank Authority to keep records that can be inspected as open records and hold open meetings. [18]
c	Senate Bill 337	Current Status:c (Referred to Government Appropriations Committee)		Senate Bill 337 is a bill introduced to the Alabama Senate by Senator T.D. Little which would create the Creek War and War of 1812 Bicentennial Commission which would not be subject to open meetings or public record requirements of a government body. [19]
b	Senate Bill 380	Current Status:c (Referred to Tourism and Travel Committee)		Senate Bill 380 is a bill introduced to the Alabama Senate by Senator Roger Bedford which would allow authorized federally recognized bingo and create a State Gaming Commission which would be subject to open meetings. [20]
b	Senate Bill 381	Current Status:c (Referred to Tourism and Marketing Committee)	n	Senate Bill 381 is a bill introduced to the Alabama Senate by Senator George M. "Marc" Keahey which would allow authorized federally recognized bingo and create a State Gaming Commission which would be subject to open meetings. [21]
b	Senate Bill 400	Current Status:c (Referred to Governmental Affairs Committee)	n	Senate Bill 400 is a bill introduced to the Alabama Senate by Senator Vivian Figures which would allow state regulatory boards to use electronic communications on a limited basis, but only after attempts to arrange a traditional meeting fail. An electronic meeting may not be held for executive session or budget meetings. Notice requirements and other sections of the Open Meetings Act remain the same. [22]
b	Senate Bill 444	Current Status:c (Referred to Education Committee)	n	Senate Bill 444 is a bill introduced to the Alabama Senate by Senator Vivian Figures which would allow the board of trustees of any four year institution to hold meetings via teleconference or video conference as long as the public was informed of the meeting as pursuant to the Open Meetings Act. [23]
b	Senate Bill 45	Current Status:c (Referred to Government Operations Committee)		Senate Bill 45 is a bill introduced to the Alabama Senate by Senator T.D. Little which would allow the board of trustees of any four year institution to hold meetings via teleconference or video conference as long as the public was informed of the meeting as pursuant to the Open Meetings Act. [24]
b	Senate Bill 484	Current Status:c (Referred to Finance and Taxation Education Committee)	n	Senate Bill 484 is a bill introduced to the Alabama Senate by Senator Steve French which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. [25]
b	Senate Bill 497	Current Status:c (Referred to Finance and Taxation Education Committee)		Senate Bill 497 is a bill introduced to the Alabama Senate by Senator Roger Bedford which would create the Alabama Indigent Defense Commission which would be required to hold open meetings. [26]
b	Senate Bill 508	Current Status:c (Referred to Finance and Taxation Education Committee)		Senate Bill 508 is a bill introduced to the Alabama Senate by Senator Steve French which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. [27]
b	Senate Bill 577	Current Status:c (Referred to Judiciary Committee)	n	Senate Bill 577 is a bill introduced to the Alabama Senate by Senator Rodger Smitherman which would create an Office of Administrative Hearings and a State Advisory Council on Administrative Hearings which would create rules, regulations and powers to govern Administrative Hearings. These hearings would be subject to Alabama's Open Meetings Law. [28]
b	Senate Bill 96	Current Status:c (Referred to Governmental Affairs Committee)	n	Senate Bill 96 is a bill introduced to the Alabama Senate by Senator Wendell Mitchell which would require any municipality to give public notice and hold an open meeting if it receives an application or proposal regarding changes in the areas' public waste management system. The bill also places a restriction on how long after the application is submitted before the government body must act on the proposal. [29]

[edit] Statement of purpose

The statement of purpose of the Open Meetings Act reads, "It is the policy of this state that the deliberative process of governmental bodies shall be open to the public during meetings" ^[30]

[edit] Which government meetings are open to the public?

The law states that all meetings of government bodies are open to the public exempting executive sessions. The law defines a meeting as any gathering, whether prearranged or not, at which a quorum is present and will be deliberating public policy and the use of public funds.

Notable exemptions to this definition include:

• When a government agency meets with other state or federal agencies for the purposes of reporting or obtaining information, or seeking support.
• When a government body "attends social gatherings, conventions, conferences, training programs, press conferences, media events, or otherwise gathers" but does not discuss or deliberate any matter that is currently being deliberated on or may reasonably believed to be a topic before the body in the future.^[31]

Dale v. Birmingham News established that both formal and informal meetings qualify as meetings subject to the public record act.

[edit] What government bodies are subject to the laws?

The act defines government body as all boards, bodies and commissions of both the legislative and executive branch, including all political subdivisions, as well as all agencies associated with the use of government funds. The law also extends the open meeting act to apply to "all corporations and other instrumentalities" of the state whose members are either elected or appointed by the state.^[31] The law explicitly states that electronic communications cannot be used as a loophole for the Open Meetings Act provisions, thus eliminating the popular use of "email voting" to circumvent public deliberation.^[30]. The Open Meetings Act does, however, allow for audio/visual recording in the meeting.

Notable exemptions to the definition of public body include:

• legislative caucuses and coalitions.
• Alabama courts, which are left to the discretion of the Alabama Supreme Court.
• Organizations which public employees voluntarily join but possess no governmental functions.

[edit] Legislature

p

The legislature falls under the definition of government body found at Alabama Code 36:25A:2 and is subject to the Alabama Open Meetings Act. However, legislative caucuses and coalitions are exempt.

[edit] Notice requirements

The law requires all government bodies including, the legislatures committees and subcommittees, to provide notice of at least seven calendar days prior to public meetings. A number of bodies are exempt from this requirement, and thus essentially exempt from the open meetings law, most notably any bodies created to function in an advisory capacity which are not compensated for their time through public funds. The act also requires all statewide agencies to post notice of their meeting times online via the State Secretary of State website. The open meetings act, however, requires only the notification of the time, date and location of the meeting, and does not require the posting of an agenda. The law also provides exemptions for emergency hearings if the hearing is required to prevent harm to individuals or property or if the sole subject of the meeting is to accept the resignation of a member of the public body. ^[32]

In Slawson & Furman v. Alabama Forestry Commission, the Alabama Supreme Court established that notice must be given of all meetings, including meetings that are intended only to convene into executive session.

[edit] Meeting process

The law requires that accurate minutes of all meetings are kept including information about the location and time of the meetings as well as the list of members present. ^[33]

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.^[34]

The law also permits any individual attending the meeting to record the meeting by using any audio or video recording device. ^[35]

[edit] Executive sessions

Common Executive Session Exemptions
Personal Privacy(Including Employees)	p
Attoreny-Client Priviledge/Litigation	p
Security/Police Information	p
Purchase or Sale of Property	p
Union Negotiations	p
Licensing Exams/Decisions
Exempt under other laws

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 may only be held in order to exclude public attendance from certain deliberations which include:

• To discuss "the general reputation and character, physical condition, professional competence, or mental health of individuals" and to discuss the job performance or personal characteristics of certain public employees. Employees who are not considered under this exemption include elected and appointed officials as well as any official who must submit a statement of economic interests to the state.

• In, Montgomery Advertiser v. Montgomery County Board of Education the courts in Alabama established that this exemption did not guarantee an executive session but often merely placed the burden on the public body to prevent the release of personal information within public discussions.

• Disciplinary or dismissal hearings and discussion of formal written complaints or charges brought against public employees, students and individuals who are subject to the control of a public agency.
• Discussions that would fall under the attorney-client privilege. This exemption was established by judicial precedent, prior to inclusion within the law in Dunn v. Alabama State University Board of Trustees. For information on attorney-client privilege exemptions in other states see: Attorney-Client privilege lawsuits.
• To discuss information, whose release would hamper the security of governmental bodies, individuals or state infrastructure.
• To discuss information that would disclose the identity of an undercover law enforcement agent or informer or to discuss criminal investigations of a private individual or to discuss whether or not to file a criminal complaint.
• To discuss the market value of real property, and proposed prices for purchase or sale, unless a member of the public agency has a personal interest in the proposed real estate venture.
• To discuss preliminary negotiations involved when the governmental body is in competition with private individuals or entities or other governmental or to discuss matters of the character defined or described in the Alabama Trade Secrets Act.
• To discuss strategy in preparation for union 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. The body is not required to reconvene in open session but is required to announce if it plans to reconvene and approximately how long they will be in a closed session.^[36]

[edit] If violated

If a governmental body violates the Alabama Open Meetings Act, any citizen of Alabama, media organization, and the Alabama Attorney General 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 court rules against the public body, it has the right to enforce personal fines on members of the body of up to $1000 or half a months salary, whichever is less, for each violation of the act. The government body is authorized but not required to pay the legal fees of individuals who violate the act. ^[37]

The code also establishes that any action against a public body must be made within 60 (sixty) days of the realization of the violation of the law, and within two years of the actual violation. ^[38]

[edit] See also

• Alabama Public Records Law

[edit] External links

• Code of Alabama
• Alabama's official website
• Alabama Public Records Law
• "Alabama's Sunshine Law might be strengthened soon"

[edit] References

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