AG seeks feedback on open meeting law changes

As the July 1 effective date approaches, the attorney general’s office has been preparing to assume responsibility for the state’s largely revamped open meeting law.

A new Division of Open Government, headed by Robert Nasdor, is charged with enforcing the law, implementing the new provisions, and providing guidance to cities and towns as well as other public bodies.

Nasdor has been meeting with the MMA and other municipal groups to solicit their feedback on the new open meeting law. The Division of Open Government continues to work on regulations and guidelines that will clarify certain provisions of the law.

Last month, the Division of Open Government sought comments from local officials regarding “proposed alternative notice posting methods.” The revised open meeting law will require public bodies to post meeting notices “in a manner conspicuously visible to the public at all hours in or on the municipal building.” The division is working with local officials to devise “alternative methods” that will make compliance more feasible from both an administrative and financial perspective. For example, the posting requirements would be satisfied if the municipality posts the meeting notice on its website as well as at an alternative municipal building, such as a police or fire station.

Besides the “24/7” posting requirements, several additional provisions have been identified as problematic and may require either an administrative or statutory change. These include the following:

• Meeting agendas must include a “listing of topics that the chair reasonably anticipates will be discussed at the meeting.”

• The 48-hour notice period will exclude Saturdays.

• All documents and exhibits used by a public body during meetings shall “be part of the official record of the session.”

All currently allowable purposes to enter into executive session have been preserved in the new law.

On July 1, the attorney general’s office will assume centralized responsibility for enforcement of the open meeting law, which has been enforced by the state’s district attorneys as it pertains to municipal bodies. This change is expected to eliminate confusion surrounding the law.

The MMA has been named to an Open Meeting Law Advisory Commission that will review the law’s implementation and make recommendations for changes to the regulations if necessary.

For more information about the open meeting law, visit the attorney general’s office website or the Resource Library on this website.