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Open Government

Open Meetings

Public Information Act

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Other Volumes

Vol. 9 (2013-2014)
Vol. 8 (2012)
Vol. 7 (2010-2011)
Vol. 6 (2008-2009)
Vol. 5 (2006-2007)
Vol. 4 (2004-2005)
Vol. 3
(2000-2003)
Vol. 2 (1998-1999)
Vol. 1 (1992-1997)

 

   

2006 - ) Vol. 5 Official Opinions of the Open Meetings Compliance Board
5OMCB1 Compliance Board - Authority and Procedures - Untimely response by public body, held to be a violation - Notice Requirements - Failure to provide notice, held to be a violation - Minutes - Not required following session at which quorum was not convened
Town of Capitol Heights
5OMCB7 Executive Function - Actions to pursue remedies for breach of franchise agreement, held to fall within the exclusion - Reassignment of franchise by City Council held to be quasi-legislative function, held to fall outside the exclusion - Quasi-Legislative Function - Reassignment of franchise by City Council, held to be quasi-legislative function
Ocean City Council
5OMCB10 Exceptions Permitting Closed Sessions - Property Acquisition - Discussion by County Commissioners of potential sites for branch library and leasing costs, held to be within the exception
County Commissioners of Kent County
5OMCB14 Minutes - Public Access - Requestor need not invoke PIA - Minutes - Procedure - Failure to adopt in timely manner violated Act - Closed Session Procedures - Written Statement - Merely reiterating statutory authority violated Act - Open Session Requirement - Discussion by quorum of body following adjournment violated act - Compliance Board - Authority and Procedures - Failure of body to produce documentation requested by Compliance Board violated Act
Centreville Town Council
5OMCB22 Open Session Requirement - Public body may not limit videotaping to news media
Judiciary Committee of the Maryland House of Delegates
5OMCB28 “ Meeting” - Discussion of prior Public Service Commission ruling in context of ongoing legislative debate, held to be a meeting subject to the Act
Public Service Commission
5OMCB33 Closed Session Procedures -Written Statement - Minutes - Closed Session Statement - Topic description reiterating statutory authority, held to be a violation - “Meeting” - Training session addressing legal issues in the abstract held not to be a meeting - as applied to public body, held to be a meeting - Executive Function Exclusion - Held to be within the exclusion - Exceptions Permitting Closes Sessions - Legal Advice - Offering of advice by school system lawyer to school board, held to be within the exception
Frederick County Board of Education
5OMCB42 Executive function exclusion - Discussion of law enforcement matter beyond public body’s jurisdiction, held to be outside the exclusion - Notice Requirements - Timing - Notice given promptly after scheduling of same-day meeting, held to be permitted
Centreville Town Council
5OMCB50 Minutes - Failure to prepare minutes held to be a violation even if meeting is limited to procedural matters - Open Session Requirement - Holding pre-meeting session in separate conference room, held to be permitted
Howard County Planning Board
5OMCB55 "Meeting" - Presence of town council members invited by private organization, held not to result in a meeting subject to the Act.
Kensington Town Council
5OMCB60 “Meeting” - Meetings of MARC Advisory Council held to generally involve the conduct of public business, and first meeting held not be a social or other occasion outside the Act - Executive Function Exclusion - Comments by Advisory Council members about MARC service, held to be outside the exclusion - Open Session Requirement - Limiting tape recording of session, held to be a violation
MARC ("Maryland Rail Commuter") Riders Advisory Council
5OMCB70 Notice Requirement - Content - Omission of information required by Act, held to be a violation - Closed Session Procedure - Failure to meet Act’s requirements, held to be a violation - Minutes - Failure to meet Act’s requirements, held to be a violation
Kent County Public Library Board of Trustees
5OMCB72 Closed Session Procedures - Written Statement - Omitting identity of third party whose proposal was to be discussed, held not to be a violation - Exceptions Permitting Closed Sessions - Business Relocation, §10-508(a)(4) - Discussion of sale of county-owned land in business park, held to be within the exception
Kent County Commissioners
 
5OMCB76 Open Session Requirement - Conducting discussion after informing sole member of audience that meeting would be closed, held to be a violation
Kensington Town Council
5OMCB81 Open Session Requirement - Brief, Closed-door discussion involving quorum, held to be a violation.
Mayor and Council of Rockville
5OMCB83 Notice Requirements - Timing - Notice given soon after scheduling of meeting, held to comply with the Act.
Planning and Zoning Commission of Rising Sun
5OMCB86 Exceptions Permitting Closed Session - Business Location - Lease of governmental controlled property to private entity, within the exception - Closed Session Procedures - Written Statement - Failure to Prepare - Minutes - Closed Session Statement - Failure to identify attendees violated Act.
Town of Rock Hall
5OMCB93 “ Meeting” - Gathering among members-elect of a public body, held not to be a meeting - Celebratory dinner following swearing-in ceremony, held not to be a meeting - Gathering at private home with quorum not present, held not to be a meeting
North Beach Town Council
5OMCB98 Closed Session Procedures - Written Statement - Failure to prepare, held to be a violation - Minutes - Broken tape recorder does not excuse compliance with obligation to prepare minutes - Failure to prepare closed session summary, held to be a violation
Chesapeake City Town Council
5OMCB102 Administrative/Executive Function - Exclusion - Discussion of complaint against psychologist, held to be within the exclusion
Board of Examiners of Psychologists
5OMCB105 Notice Requirements - Content - Purpose of closed session not required - Closed Session Procedures - Voting - Vote to close may occur in smaller room, so long as would-be observers are admitted - Written Statement - Altering statement during closed session, not permitted - Minutes - Failure to review and approve draft minutes, held to be a violation - Act neither prohibits nor requires access to sealed minutes by members of public body - Administrative Function Exclusion - Decision whether to unseal minutes, held to be within the exclusion
Charles County Board of Education
5OMCB117 Notice Requirements - Method - Proper written notice complies with Act despite allegedly incorrect information given by employee to one member of the public
Talbot County Planning Commission
 
5OMCB121 Executive (Now Administrative) Function Exclusion - School board review of ethics panel’s determination, held to be within the exclusion
Frederick County Board of Education
5OMCB126 Closed Session Decisions - Vote to select developer in meeting properly closed under §10-508(a)(14), held to be permitted
Baltimore Development Corporation
5OMCB130

Exceptions Permitting Closed Session - Legal Advice, §10-508(a)(7) - Legal ramifications of negotiation, within the exception - Policy aspects of negotiation, outside the exception
Frederick County Board of Education

5OMCB136 Open Session Requirement - Closed Session Procedures - Pattern and practice of violations found
Town of Berlin
5OMCB139 Notice Requirements - Timing - Justification for notice shortly before meeting - Closed Session Procedures - Written Statement - Failure to prepare, held to be a violation - Minutes - Contents - Failure to describe topic of closed session, held to be a violation
Town of New Market
5OMCB146 Exceptions Permitting Closed Session - Legal Advice - Discussion with counsel regarding advertising on buses held to fall within the exception
Ocean City Council
5OMCB149 Closed Session Procedures - Written Statement - Topic Description Reiterating Statutory Authority, Held to Be a Violation
Baltimore County Revenue Authority
5OMCB154 Open Session Requirement - Limitations on Camera Locations in House of Delegates Hearing Rooms, Held Not to Be a Violation
Maryland General Assembly
5OMCB160 Closed Session Procedures - Voting - Voting at one Meeting to Close the Next, Held to Be a Violation - Written Statement - Uninformative Boilerplate, Held to be a Violation
Mayor and City Council of Ocean City
5OMCB165 Notice Requirements - Content - Omission of Reference to Anticipated Closed Session, Held to be a Violation - Closed Session Procedures - Written Statement - Brief Topic Description Beyond Paraphrase of Statute, Held Not to be a Violation - Failure to post on the Internet, Held not to be a Violation - Minutes - Closed Session Statement - Inadequate Disclosure, Held to be a Violation
Carroll County Planning and Zoning Commission
5OMCB172

Exceptions Permitting Closed Sessions - Legal Advice - Exception justifiably invoked although discussion at meeting precluded need for advice - Property Acquisition - Exception justifiably invoked to discuss whether acquisition would be for public purpose

Baltimore County Revenue Authority
5OMCB177 Closed Session Procedure - General - After-the-fact addition of reasons for closed session, held to be a violation - Voting - Vote at one meeting to close the next, held to be a violation - Exceptions Permitting Closed Sessions - Legal advice and procurement exceptions applied - Minutes - Procedures met Act’s requirements
Ocean City Council
5OMCB182 Public Body - State Biosolids (Sewage Sludge) Task Force determined to be a public body - Notice Requirements - Minutes - Failure to follow Act’s requirements, held to be a violation
State Biosolids (Sewage Sludge) Task Force
5OMCB184

Notice Applicability - Notice of “continued” meeting, held to be required - Closed Session Procedures - Voting - Failure to vote to close “continued” meeting, held to be a violation - Written Statement - One-week delay in providing access, held to be a violation
Mayor and Council of Chestertown

5OMCB189 Public Body - Panel of Critical Area Commission, held to be a public body - Closed Session Procedure - Failure to take recorded vote, held to be a violation - Minutes - Panel report insufficient
Critical Area Commission Panel
5OMCB194 Public Body - “Management Committee” established by memorandum of agreement, held not to be a public body
Management Committee of the Town of Chestertown, Kent County and the Eastern Shore Land Conservancy
5OMCB200 Quasi-Legislative Function - Reassignment of franchise held to be a quasi-legislative function
Mayor and City Council of Ocean City

 

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