2008-2009) Vol. 6 Official Opinions of the Open Meetings Compliance Board

6OMCB1	Open Session Requirement - Closed session on topic beyond scope of cited exceptions, held to be a violation - Violation not cured by subsequent disclosure - Minutes - Closed Session Statement - Inadequate description, held to be a violation - Notice Requirements - Timing - Posting of notice shortly before unanticipated meeting, held not to be a violation Queen Anne's County Commissioners
6OMCB9	Notice Requirements - Method - Timing - Posted notice of closed session, held to comply with Act, Closed Session Procedures - Vote to close was held in open session, as required by Act, despite lack of audience - Minutes - Closed Session Statement - Inadequate description held to be a violation Hebron Town Commission
6OMCB15	Notice Requirements - Method - Meeting notice on website calendar, held to comply with the Act State Sewage Sludge Task Force
6OMCB17	Public Body - “Management Committee” of Baltimore Metropolitan Council, held not to be a Public Body Baltimore Regional Transportation Board
6OMCB23	Administrative Function - Exclusion - Briefing by school system officials, held to be within the exclusion - Status of discussion about retaining a lobbyist - Closed Session Procedures - Voting - Voice vote permissible - Minutes - Closed Session Statement - Failure to cite statutory authority, held to be a violation Prince George's County Board of Education
6OMCB32	Notice Requirements - Method - Submission of notice to widely circulated local newspaper, held to be permissible - Timing - Adequacy of notice period cannot be assessed - Open Session Requirements - Failure to comply, held to be a violation School Board Nominating Commission of Anne Arundel County
6OMCB35	Administrative Function - Outside Exclusion - Issuance of quitclaim deed transferring county property interest - Exceptions Permitting Closed Session - Legal Advice - Consequences of providing quitclaim deed - Compliance Board - Authority and Procedures - Complaint - Level of specificity Frederick County Board of Commissioners
6OMCB41	Notice Requirements - Method - Reliance on Internet Website - 2007 Legislation did not alter practice for public bodies that traditionally relied on website State Water Quality Advisory Committee
6OMCB47	Minutes - Approval - One-month delay, justified by special circumstances - Failure of public body to approve draft minutes violated Act - Notice - Timing - Posting six days in advance at meeting, coupled with announcement during prior meeting, held to comply with Act Kent County Planning Commission
6OMCB53	Administrative Function Exclusion - Selection of Clerk-Treasurer Held to Be Within Exclusion Given Provisions of Municipal Charter Betterton Town Council
6OMCB57	Administrative Function Exclusion - County Council's Process of Appointing Planning Board Members Held to Fall Under Exclusion - Scope of Act - Act does not address retention of records not governed by Act Montgomery County Council
6OMCB63	"Meeting" - To Extent Retreat Limited to Discussion of Interpersonal Relations and Social Conversation, Held not to Be a Meeting Rockville City Council
6OMCB69	Compliance Board - Response to Complaint - Complaint that specifies sufficient detail so that public body may identify meeting and allegations satisfies Act Board of Public Works
6OMCB74	Compliance Board - Complaint that specifies sufficient detail so that public body may identify meeting and allegations satisfies Act Ocean City Council
6OMCB77 (2009)	Compliance Board - Process - Neither party has burden of proof - Legal Advice - Fact issue addressed previously by counsel or lack of litigation not factors in reliance on exception - Written Statement - Topic Description merely reiterating statutory authority violated act - Meeting - Public body’s attendance at another entity’s meeting Montgomery County Board of Education
6OMCB85 (2009)	Notice - Absent evidence suggesting intentional delay, notice provided 5 days before meeting satisfied Act - Minutes - Procedures - Lag time of almost 4 months violated Act Poolesville Planning Commission and Board of Zoning Appeals
6OMCB89	Notice - Procedures - Failure to retain copy for one year: violation State Water Quality Advisory Committee
6OMCB92	Exceptions Permitting Closed Session - Personnel matter, §10-508(a)(1) - Discussion of department audit outside the exception Annapolis City Council Finance Committee
6OMCB96	Minutes - Content - Failure to include any information about topics considered in closed session beyond statutory language violated Act Minutes - Content - When closed administrative function conducted as part of meeting governed by Act, subsequent publicly available minutes must provide information beyond “administrative matters” Anne Arundel County Board of Education
6OMCB104	Exceptions Permitting Closed Sessions - Personnel - City Council’s review of city manager’s performance held within exception Exceptions Permitting Closed Sessions - Legal And Personnel - While much of discussion came within exceptions, to extent discussion concerned decision to further explore outsourcing of municipal golf course, violated Act. Mayor and City Council of Rockville
6OMCB110	Minutes - Contents - Level of detail - Transcript not required Notice - Content - Agenda information not required Notice - Timing - Absent evidence of intentional delay, posting on town’s bulletin board six days in advance of meeting satisfied Act Poolesville Board of Zoning Appeals
6OMCB114	Closed Session Procedures - Failure to follow procedural requirements - violation Section 3 Village of Chevy Chase
6OMCB118	Minutes - Failure to prepare minutes following meetings attended by quorum within reasonable time violated Act Takoma Park Committee on the Environment
6OMCB121	Closed Session Procedures - Written Statement - public access - timing Closed Session Procedures - Written Statement - required detail Minutes - Closed Session - document reflects suggestion discussion violates Act County Council of Prince George’s County
6OMCB127	Closed Session Procedures - public vote shortly before closed meeting during same session satisfied Act Closed Session Procedures - Written Statement - disclosure of contractual matter, citing statutory authority and noting attorney-client privilege satisfied Act Closed Session - Written Statement - Personnel Matter - document need not name appointee Compliance Board - Authority and Procedures - complainants should be limited to requirements of the Act Exceptions Permitting Closed Sessions - Legal Advice - session initiated by counsel where public body aware of general subject matter allowed Exceptions Permitting Closed Session - Legal Advice - substantive decisions by public body as to content of contract beyond exception Exceptions Permitting Closed Session - Legal Advice - public body entitled to meet with counsel to review prior legal advice counsel had provided Minutes - Closed Session Statement - failure to report required information as single item violated Act Open Session - meeting must be conducted in manner that public, as a practical matter, is aware of actions taken Board of County Commissioners of Kent County
6OMCB140	Public Body - Determined not to be a meeting - Subcommittees of the Maryland Bicycle and Pedestrian Advisory Committee created by informal consensus Maryland Bicycle and Pedestrian Advisory Committee (“MBPAC”)
6OMCB145	Administrative Function - Within Exclusion - Briefing of school board on approval of contract by superintendent solely for informational purposes Administrative Function - Outside Exclusion - Briefing of school board on approval of contract by superintendent if school board’s consent required Minutes - Generally - Public entitled to assume that approved minutes of public body are accurate Anne Arundel County Board of Education
6OMCB151	Exceptions Permitting Closed Sessions — Legal Advice — Discussion of alternatives to county's request for Waiver of Maintenance of Effort Funding Level violated Act Frederick County Board of Education
6OMCB155 (2009)	Public Body - Informal subgroup established by single council member - Not a public body Meeting - Convening of quorum of council during course of informally designated subgroup meeting - Triggered Open Meetings Act Town of Forest Heights
6OMCB161 (2009)	Minutes - Preparation within reasonable time required. Chesapeake Beach Town Council
6OMCB164 (2009)	Notice Requirements - Method - Public body has discretion in selecting appropriate media outlet Minutes - Content - Detail required Minutes - Preparation within reasonable time - Body that only meets periodically is responsible for ensuring minutes available with reasonable promptness Compliance Board - Jurisdiction - Board limited to interpreting Open Meetings Act School Board Nominating Commission for Anne Arundel County
6OMCB171 (2009)	Minutes - Content - Failure to include any information about topics considered beyond statutory language, violated Act Closed Sessions - Attendance - Compliance Board will not second guess public body’s exercise of discretion as to staff included during closed session absent evidence action was arbitrary and without apparent basis Compliance Board - Authority and Procedures - Complaint must explain in what manner public body violated Act Minutes - Record of closed session for administrative function - Required disclosures Calvert County Board of Education
6OMCB180	Administrative Function Exclusion - Outside Exclusion - Discussions of county department consolidation Exceptions Permitting Closed Sessions - Personnel - Outside Exception - Discussions regarding county department consolidation and severance packages, timing of layoffs, alternatives to consolidation, and consolidation merits Worcester County
6OMCB187	Minutes - Procedures - Practice in Violation - Failure to approve Minutes - Procedures - No obligation to post minutes on website Board of Education for Montgomery County
6OMCB192	Exceptions Permitting Closed Sessions – Business Location, §10-508(a)(4) – Discussion of collateral matters which public body would be expected to address in evaluating business proposal – within exception Compliance Board – Authority and Procedures – Minutes of closed session submitted for Compliance Board’s review – Confidentiality generally required Kent County Commissioners
6OMCB196 (2009)	Notice – Content – Agenda for closed session not required Notice – Method – Posting in glass case outside town hall satisfied Act Closed Session Procedures – Written Statement – Document failed to satisfy other documentation requirements relating to closed session Mayor and Common Council of the Town of University Park
6OMCB203 (2009)	Minutes – Failure to produce minutes following meeting violated Act Minutes – Public Access – Posting on website not required Compliance Board – Response to Complaint – Public body’s failure to respond in timely manner violated Act Sport Fish Advisory Commission Tidal Fish Advisory Commission