2010 Vol. 7 Official Opinions of the Open Meetings Compliance Board

7OMCB1	Exceptions Permitting Closed Sessions - Procurement - Closed sessions during with vendors made oral presentations as part of competitive procurement process allowed Town of Ocean City
7OMCB5	Minutes - Contents - Failure to identify those present and to provide adequate description of topics discussed violated Act Chesapeake Town Council
7OMCB8	Minutes - Procedure - Failure to prepare and approve minutes within reasonable period violated Act Minutes - Preparation following all meetings, including public hearings, required Minutes - Closed Session Statement - Merely paraphrasing statutory exception inadequate Minutes - Preparation responsibility of public body Centreville Town Council and Town's Planning Commission
7OMCB15	Open Session Requirements - Public body's discussion of Legislative or Quasi-legislative matters without notice to public violated Act Criminal Injuries Compensation Board
7OMCB18	Notice Requirements - Method - Notice only to those who had preregistered to be advised of meetings violated Act Coastal and Watershed Resources Advisory Committee
7OMCB21	Public Body - Boundary Study Committee appointed by Assistant School Superintendent as required under local Board of Education policy is a public body under sect. 10-502(h)(1) Public Body - sect. 10-502(h)(2) has no application to entity appointed pursuant to local Board of Education policy Meeting - Quorum not present or convened - Determined not to be a meeting Notice - Quorum anticipated - Notice required even if, at time of session, quorum fails to attend West Towson Elementary School Boundary Study Committee
7OMCB30	Minutes - Public Access - While Open Meetings Act grants the public a right to review minutes of a public meeting, the right to obtain copies governed by Public Information Act rather than Open Meetings Act Closed Session Procedures - Written Statement - Right to obtain copies of closing statements prepared in connection with prior meetings governed by Public Information Act rather than Open Meetings Act Maryland Transportation Authority
7OMCB36	Exceptions Permitting Closed Sessions - Legal Advice - Exception, in combination with Litigation exception, authorized closed meeting with counsel regarding litigation and delegation of settlement authority Exceptions Permitting Closed Sessions - Litigation - Exception, in combination with Legal Advice exception, authorized closed meeting with counsel regarding litigation and delegation of settlement authority Closed Session Procedures - Written Statement - Omitting specific statutory cite violated Act Minutes - Closed Session Statement - Inadequate information violated Act Havre de Grace City Council
7 OMCB 42 (2010)	Notice Requirements - Method - Oral Announcement of Legislative Committee meetings during final days of session satisfy Act Notice Requirements - Method - Absent special circumstances, written notice required Minutes - Failure to prepare and adopt violated Act Maryland General Assembly
7 OMCB 49 (2010)	Exceptions Permitting Closed Sessions - Personnel - Deliberations on agency elimination - Outside exception Exceptions Permitting Closed Sessions - Elimination of County Agency - Consultations with legal counsel on employment law matters and discussions concerning options for specific employees - Session may be closed Closed Session Procedures - Written Statement - Omitting topic to be discussed violated Act Open Session Requirements - Practice in Violation - Access by invitation only Charles County Commissioners
7 OMCB 58 (2010)	Exceptions Permitting Closed Session - Legal Advice - Consultations with in-house counsel addressing opinions of other lawyers not present during meeting within exception Exceptions Permitting Closed Sessions - Collective Bargaining - Discussions concerning whether to ask union to reopen negotiations within exception Howard County Board of Education
7 OMCB 64 (2010)	Public Body - Generally - Effective October 1, 2009, definition expanded to include entities appointed by official subject to policy direction of independent body appointed by Governor and within the Executive Branch of State Government Minutes - Public meeting governed by Act - Redaction inappropriate Compliance Board - Response to complaint - Failure to address allegation violated Act Maryland Transportation Authority
7OMCB69	Public Body - School redistricting committee not a public body as it was not established by formal action of the County Board of Education Calvert County School System's Barstow Redistricting Committee
7OMCB76	Meeting - Presence of County Commissioners as individuals at meeting of another body not a meeting of the Commissioners Public Body - Charles Count Economic Executive Committee appointed by County Commissioners sufficiently formed to be subject to Open Meetings Act Charles County Commissioners
7OMCB80	Minutes - Preparation and approval normally by time of public body's next meeting - Public access to minutes Brentwood Town Council
7OMCB83	Minutes - Review and approval of draft minutes by public body - Public access to minutes Board of Appeals for the Town of Chesapeake Beach
7OMCB 85	Meeting - Presence of quorum of Town Council at meeting with Library Trustees concerning funding request for consideration by Council triggered Open Meetings Act Galena Town Council
7OMCB89	Quasi-Judicial Function - Animal Control Commission proceeding concerning violations of Animal Control Ordinance Litigation - Board defers consideration of complaint raising matters at issue in parallel litigation Prince George's County Commission for Animal Control
7OMCB92	"Meeting" Determined to be a meeting - Accidental quorum attending another public body's meeting on matters before both bodies Compliance Board Authority Process - Opinions - Reconsideration of prior opinion - Standards Notice -Timing - Generally Craig O'Donnell - Kent County News
7OMCB95	Exception - Legal Advice - Outside Exception - Discussion of enforcement terms of special exception was distinct from pending litigation on the grant of the special exception. Minutes - Preparation following all meetings, required. Poolesville Board of Zoning Appeals
7OMCB101	Administrative Function - Within Exclusion - Discussion of School Board's election of its own officers Howard County Board of Education
7OMCB105	Public Body - Determined not to be: informally created committees appointed by Library President Meeting - Determined not to be a meeting: Mere attendance at another entity's meeting, at which the public body's own public business was not considered Kent County Board of Library Trustees
7OMCB112	Closed Session Procedures - Written Statement - Practices in violation: preparing written statement before or after meeting; topic description reiterating statutory authority; and failure to record vote Minutes - Practices in violation: inadequate description / violation Exceptions - Collective Bargaining - Outside Exception - Discussion of whether to recognize a particular union or employee representative Personnel - Outside exception - Sheriff's appointees to sheriff's advisory committee not invoking discussion of individual county employees Public Safety - Outside exception - Discussion about Sheriff's advisory committee, not bearing on public safety Allegany County Commissioners
7OMCB118	Minutes - Generally: preparation following all meetings, required; within reasonable time, required Minutes - Contents - Final written report of committee not a substitute - Violation Minutes - Practices Permitted - Transcript disclosure as minutes Bridge and Tunnel Peer Review Panel
7OMCB121	Minutes - Generally - Preparation following all meetings, required. Minutes - Procedures - Failure to review and approve minutes; failure to produce Glenarden Youth Advisory Committee
7OMCB125	Exceptions - Personnel - Outside Exception - Job description Exceptions - Personnel - Within Exception - Individual employees - Performance of County Attorney - Legal services proposals Administrative Function - Within Exception - Deferral of topics to open meeting discussion - budget preparation Exceptions - Collective Bargaining - Negotiations with unions Minutes - Closed Session Statement - Failure to Include Description - Inadequate information Kent County Board of Education
7OMCB131	Administrative Function - Outside the Exception - Hiring lobbyist to oppose legislation in General Assembly before adopting resolution to take that position Closed Session Procedures - Written Statement - In violation - Uninformative boilerplate - Omission of topics that were improperly discussed in closed session Exceptions - Personnel - Outside Exception - Reclassification of employees not involving information on specific employees - Inside Exception - Interviewing prospective lobbyist Cecil County Board of Commissioners
7OMCB140	Minutes - Closed Session Statement - Practices in violation Maryland Transportation Authority
7OMCB142	Closed Session Procedures - Written Statement - Practices permitted Exceptions Permitting Closed Sessions - Personnel, 10-508(a)(1) - With exception, discussion of:  appointment of specifically identifiable employee Exceptions Permitting Closed Sessions - Legal Advice - 10-508(a)(7) - Within exception Compliance Board - Authority and Procedures - Disclosure of action taken in closed session - not prohibited by Act Prince George's County Council
7OMCB148	Exceptions Permitting Closed Session - Legal Advice, 10-508(a)(7) - Outside exception - Request to counsel to draft legislation Exceptions Permitting Closed Session - Litigation, 10-508(a)(8) - Status of pending litigation - Outside exception - Request to counsel to draft legislation Exceptions Permitting Closed Session - Business Relocation, 10-508(a)(4) - Discussion of proposed zoning change, outside exception Exceptions Permitting Closed Session - Business Relocation, 10-508(a)(4) - Discussion of financial incentives for that specific business entity, inside exception Exceptions Permitting Closed Session - Business Relocation, 10-508(a)(4) - Discussion of legislation, outside exception Closed Session Procedures - General - Practices permitted - Vote at same meeting, shortly before closed session Minutes - Contents - Practices in violation - Failure to include in open session minutes actions that were taken in closed session but should have been taken in open session Kent County Commissioners
7OMCB170	Public Body - Determined not to be a public body - Attorney General's Committee on Campaign Finance Attorney General's Advisory Committee on Campaign Finance
7OMCB176	Meeting - Determined not to be a meeting - E-mail canvass Meeting - Determined not to be a meeting - Separate telephone calls to each member Public Body - Determined not to be a public body - Subcommittee not created by legal instrument Public Body - Determined to be a public body - Subcommittee created by legal instrument Maryland Transportation Authority, Capital and Finance Committees
7OMCB186	Quasi-Judicial Function - Within the function: hearings by 3-judge panels Public Body - Determined to be a public body: 3-judge panels Meeting - Determined not to be a meeting: Quorum not present or convened - 3 member panel of 9 member body Legislative Function - Within function, discussion of: positons on legislation Closed Session Procedures - Violated by failure to hold vote, make written statement and include summary in minutes in open session Baltimore City Environmental Control Board
7OMCB193	Meeting - Determined not to be a meeting:  Quorum not present Carroll County Commissioners
7OMCB195	Public Bodies - Generally - Private corporation solely owned by public body - Additional facts needed Compliance Board - Opinions - Compliance Board unable to gather and determine the facts needed for resolution of complaint Exceptions Permitting Closed Session  - Investment of public funds, sect. 10-508(a)(5) - Discussion of donation to another entity: outside exception.  - Discussion of corporate governance of corporation owed by public body: outside exception. Minutes - Generally - Sealing and unsealing Maryland Transportation Authority
7OMCB208	Exceptions Permitting Closed Sessions - Property Acquisition, sect. 10-508(a)(3) - Discussion of use of property owned by the public body - outside exception Minutes - Contents - Boilerplate reference to statutory exception in summary of closed session - in violation Closed Session Procedures - Written Statement - Failure to include information required by Act - in violation Administrative Function - Discussion of lease of real property to another entity not within the exclusion Montgomery County Board of Education
7OMCB216	Closed Session Procedures - Written Statement Generally - Written statement to be completed by presiding officer or ratified by presiding officer's signature prior to closed session.  - Written statement may, but need not, reflect identities of members voting to close.  - Written statement must be informative Exceptions Permitting Closed Sessions - Personnel, sect. 10-508(a)(1) - Within Exception - Discussion of individuals. Administrative Function - Discussion of members' own committee assignments, within administrative function - Discussion of reorganization of departments, outside the administration function Exceptions Permitting Closed Session - Property Acquisition, sect. 10-508(a)(3) - Discussion of sale of public body's property, outside exception Queen Anne's County Commissioners
7OMCB225	Minutes - Procedures - Posting on website not required Closed Session Procedures - General - Practices in violation - Failure of presiding officer to complete closing statement; failure to include meaningful information Administrative Function -             Within Exclusion -          Signing documents and letters not requiring decision-making; -          Discussion of repairs to equipment - Separate meeting on administrative matters. Outside Exclusion -          Receipt of information on land-use matters; Briefing on matters as initial step in policy formation. Meeting - Closed Session Statement - Meeting of quorum with cabinet members Exceptions Permitting Closed Sessions - -          Personnel, sect. 10-508(a)(1) - Within Exception - Discussion of specific individual's attributes. -          Personnel, sect. 10-508(a)(1) - Outside Exception - Discussion of department responsibilities -          Business Relocation, sect. 10-508(a)(4) - Within Exception - Discussion of retention of business in the County -          Public Security, sect. 10-508(a)(10) - Within Exception - Discussion of location of 911 center involving security issues -          Property Acquisition, sect. 10-508(a)(3) - Within Exception - Discussion of acquisition of agricultural easement Minutes - Contents - Practices in Violation -             -          Failure to provide meaningful summary of closed session -          Failure to identify persons present Carroll County Commissioners
7OMCB237	Notice Requirements - Practices in Violation - Posting notice at town hall insufficient when public body usually supplemented that method with others Minutes Procedure - Brief delay in approval permissible Generally - Minutes to disclose how each member votes when a recorded vote is required Town of Rock Hall
7OMCB245	Administrative Function - Outside the Exclusion - Discussion of lease of public entity's property to another entity Closed Session Procedures - Written Statement - In Violation - Uninformative boilerplate General - In Violation - Failure to cite the correct basis for the closing Exceptions Permitting Closed Session - Legal Advice, sect.10-508(a)(11) - Within Exception - Counsel's advice on lease Minutes - Generally - Closed session minutes to contain meaningful information Montgomery County Board of Education
7OMCB250	Administrative Function - Outside Exclusion - Discussion of licensing matters Setting standards for regulated entities Serving in advisory capacity Within Exclusion - Investigating patient complaints Exceptions Permitting Closed Sessions - Other Law, sect. 10-508(a)(13) - Medical review committee law Closed Session Procedures - Written Statement - Generally - To be completed before meeting in closed session Minutes - Contents - Practices in Violation - To contain meaningful summary of prior closed session Commission on Kidney Disease
7OMCB259	Notice - Timing - Generally - Best notice feasible required for meetings scheduled on short notice - Obscure location of notice on website not a violation when other methods used Practices permitted - combination of notice by e-mail to interested citizens, press release, and website posting Coastal and Watershed Resources Advisory Committee
7OMCB264	Minutes - Generally - Summaries of closed-session actions to be provided in minutes of next open session - minutes to be approved promptly Administrative Function - Outside Exclusion - Citizens' committee created by informal consensus not a public body - discussion about whether to create a citizens' committee required to held in public session Montgomery County Board of Education
7OMCB269	“Meeting” - Determined not to be a meeting - Gathering of fewer than a quorum when quorum not present - Determined to be a meeting - Social gathering and chance encounter exception - not applicable when used to discuss public business Administrative Function - Within Exclusion - Assignment of members to attend another entity’s event Mayor and Town Council of Brentwood
7OMCB272	Meeting - Determined not to be a meeting - Act did not apply when a quorum of the members of the public body was not convened Board of County Commissioners of Allegany County
7OMCB274	Property Acquisition, sect. 10-508(a)(3) - Acquisition of property for school by committee of board employees to acquire it - Acquisition of property from public entity Minutes - Generally - Failure to keep - Violation by committee Notice Requirements - Method - Practices in violation - No notice given by committee Closed Session Procedures - General - Practices in violation - Failure to follow procedures by committee Compliance Board - Authority and Procedures - Jurisdictional Limits - Outside jurisdiction - Complaint that a certain constituency was not represented as committee or given notice of contemplated action Montgomery County Board of Education
7OMCB282	Meeting - Determined not to be a meeting - Lack of evidence that public body met to conduct the business of its wholly owned private corporation Maryland Transportation Authority
7OMCB284	Public Body - Subcommittee created informally by one member of the public body does not meet the definition of a “public body” unless it performs the public body’s function Compliance Board - Jurisdictional Limits - No authority to address Public Information Act requests concerning the respondent public body Fees Subcommittee of the State Biosolids Task Force