Nebraska Open Meetings Act
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Which government meetings are open to the public?
The Nebraska statute states when public policy is being formed, it's public business and may not happen in secret. Every public body's meeting must be open to the public so that citizens can attend and speak at meetings of public bodies. There are some exceptions as provided by the Constitution of the State of Nebraska, federal statutes, and the Open Meetings Act. For instance, the Nebraska Legislature is open under the open meetings statutes because the Nebraska Constitution provides for public access to that body separately.
Those bodies with meetings covered by the Nebraska Open Meetings Act are:
- all state political subdivision governing bodies
- all law-created governing bodies of state executive department agencies
- all independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies created by law
- all study or advisory committees of the executive department of the state whether of continuing or limited existence
- "advisory committees of the governing bodies of political subdivisions, of the governing bodies of agencies of the executive branch of state government, or of independent boards, commissions, etc."
- "instrumentalities exercising essentially public functions."[1]
[edit] Meeting process
The public has a right to attend open meetings and to hear and speak at the meeting.
'Recording Members of the public are permitted to bring audio and visual recording devices, so long as they do not interfere with the meeting's process.
Conferencing Meetings of certain public bodies are allowed to be through teleconferencing and videoconferencing. Various state government bodies including state agencies, boards, commissions, and councils, and their advisory committees, organizations created under the Interlocal Cooperation Act or the Municipal Cooperative Financing Act and the governing bodies whose power extends to more than 50 counties may hold meetings by videoconferencing if:
- reasonable advance publicized notice is given
- reasonable arrangements are made so the public's right to attend, hear and speak at the meeting, including seating, recording by audio and visual recording devices, and an reasonable opportunity for input such as public comment or questions to at least the same extent as would be provided absent videoconferencing
- at least one copy of all documents under consideration is available to the public at each site of the videoconference
- at least one member of the public body is present at each site of the videoconference
- no more than half of the body's meetings in a calendar year are videoconferences.[1]
With respect to teleconferencing, the territory that the public agency represents covers more than one county. There must be reasonable advance publicized notice that identifies the telephone conference location and the location must be in a public building that has the capacity for the anticipated audience. There must be reasonable arrangements made to accommodate the public's right to attend, hear, and speak at the meeting, including seating, recordation by audio recording devices, and a reasonable opportunity for input such as public comment or questions to at least the same extent as would be provided if a telephone conference call was not used.[1]
[edit] Exceptions
As of February 12, 1992, the Attorney General mandated that those committees of faculty, administration and students that the Board of Regents of the University of Nebraska created to advise the Chancellor of the University in his administrative and management duties, with respect to budget cuts, were part of the management structure of the University. This means the meetings of these advisory committees are not public bodies subject to the open meetings statutes.[1]
Closed sessions
Any public body may hold a closed session after a majority of the members of the body vote close, if a closed session is clearly necessary for either the protection of the public interest or for the prevention of needless injury to an individual. This individual may request a public meeting. Closed meetings may not include discussion of the appointment or election of a new member to a public body.
The statute states that the following may not "be construed to require that any meeting be closed to the public." Reasons for closing the session:
- Strategy sessions with respect to collective bargaining, real estate purchases, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body.
- Discussion regarding deployment of security personnel or devices.
- Investigative proceedings regarding allegations of criminal misconduct.
- Evaluation of someone's job performance when necessary to prevent injury to someone's reputation. This person may request a public meeting.[1]
[edit] If violated
When a member or the body is in violation of the public meetings statutes, anything as a result of the violation is voided by the district court, as long as the court's decision occurs within 120 days of the meeting of the alleged violation. A suit to void the final action must be finished within one year of the action.
Any Nebraska citizen can file a suit in the district court of the county if they believe a body to have violated the act.
The court can order payment of reasonable attorney's fees and court costs to the plaintiff if he or she is successful in the suit. However, an attendee may not defend their case if the citizen did not object to the violation when at the meeting in question.
The Attorney General and the county attorney of the county enforce the open meetings laws.[1]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
The Attorney General has defined political subdivision as "any subdivision of a state which has its purpose carrying out the functions of the state which are inherent necessities of government and which have always been regarded as such by the public."
- Nixon v. Madison County Agricultural Society (1984)-- the Court found that a county agricultural society, organized under the Nebraska statutes, was subject to the provisions of the open meetings law. The Court noted that, although the society at issue resembled a private corporation in some respects, the fact that it had the right to receive support from the public revenue gave it a public character. The agricultural society apparently was an "independent board . . . created by constitution, statute, or otherwise pursuant to law." Based upon the Nixon case, the Attorney General concluded that county extension services which have the right to receive support from public revenues are subject to the open meetings law Also based upon the Nixon case, the Attorney General has indicated that county agricultural societies are subject to the open meetings statutes.
- Marks v. Judicial Nominating Commission for Judge of the County Court of the 20th Judicial District (1990) -- the Court held that the open meetings statutes do not apply to the activities of a judicial nominating commission which is meeting to select nominees for judicial vacancies. Such a nomination procedure does not involve the formulation of public policy subject to the act.
- Johnson v. Nebraska Environmental Control Council (1993) -- The Nebraska Court of Appeals held that the open meetings statutes apply to the governing bodies of all agencies of the executive branch of government, including the Nebraska Environmental Control Council.
- State ex rel. Newman v. Columbus Township Board (2007) -- the Nebraska Court of Appeals concluded that the electors of a Nebraska township, when assembled at the township's annual meeting, constitute a governing body of the township which is subject to the Open Meetings Act and its provisions concerning notice and preparation of an agenda.
Here is a list of open meetings lawsuits in Nebraska. For more information go the page or go to Nebraska 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 Nebraska. To add some see our Sunshine litigation project page.
[edit] See also
[edit] External links
- Nebraska Open Meetings Act
- "A Citizens Guide to Nebraska’s Open Meetings Law"
- Nebraska Constitution
- Nebraska state laws
- Nebraska Attorney General's website
[edit] References
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