Louisiana Open Meeting Law
From Sunshine Review
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Which government meetings are open to the public?
Every meeting of any public body shall be open to the public. Members of a public body may not participate in proxy voting procedures and secret balloting. All votes must be made vocally and recorded in the minutes, journal, or other official, written proceedings, which is a public document.
[edit] Notice of Meetings
All public bodies, except the legislature and its committees and subcommittees, must give written public notice of their regular meetings at the beginning of each calendar year. This notice must include the dates, times, and places of such meetings. For special or rescheduled meetings, written public notice must be given no later than 24 hours before the meeting.
[edit] Meeting process
All or any part of the proceedings in a public meeting may be video or tape recorded, filmed, or broadcast live.
A public body must establish standards for the use of lighting, recording, or broadcasting equipment to insure proper decorum in a public meeting.
[edit] Exceptions
The provisions of this law don't apply to chance meetings or social gatherings of governing authorities at which there is no vote or other action taken, including formal or informal polling.
Executive sessions
A public body may hold executive sessions after a vote taken at an open meeting where two-thirds of its constituent members are present. The vote of each member and the reason for holding an executive session will be recorded and entered into the minutes of the meeting. No final or binding action can be taken during an executive session.
Executive sessions are limited to the following topics:
- Discussion of the character, professional competence, or physical/mental health of a person. This person must be notified in writing at least 24 hours before the meeting and may require the discussion to be held at an open meeting. The executive session must not be held for discussion of the appointment of this person to public body. In case of extraordinary emergency, written notice to the person is not required.
- Strategy sessions or negotiations about collective bargaining, prospective litigation following formal written demand, or litigation where an open meeting would have a detrimental effect on the bargaining/litigating position of the public body.
- Discussion regarding the report, development, or course of action about security personnel, plans, or devices.
- Investigative proceedings regarding allegations of misconduct.
- Cases of extraordinary emergency, limited to natural disaster, threat of epidemic, civil disturbances, suppression of insurrections, repelling of invasions, or other similar matters.
- Any meeting of the State Mineral Board when confidential records are to be considered or discussed.
- Discussions between a school board and individual students, parents, and/or tutors regarding problems with these students, parents, and/or tutors. Any such student, parent, or tutor may require that these discussions be held in an open meeting.
- Any other matters now provided for or may be provided for by the legislature.
The provisions of this law do not apply to judicial proceedings and do not prohibit the removal of any person who willfully disrupts a meeting.
[edit] If violated
Any member of a public body who knowingly and willfully violates this law is subject to a civil penalty not exceeding $100 per violation. The member is personally liable for the payment of this penalty and a suit to collect it must be started within sixty days of the violation if it has not already been paid.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of open meetings lawsuits in Louisiana. For more information go the page or go to Louisiana sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
We do not currently have any pages on litigation in Louisiana. To add some see our Sunshine litigation project page.
[edit] See also
[edit] External links
[edit] References
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