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