2012 Vol. 8 Official Opinions of the Open Meetings Compliance Board

8OMCB1	Closed Session Procedure Voting - practices permitted, no violation of requirement that vote be held in open session Written Statement - practices in violation Minutes Generally not to be treated as Public Information Act request Closed Session Statement - Generally must describe items considered in enough detail to convey the issue discussed must include the three items specified by the Act Compliance Board Authority and Procedures - request for penalty, not within Board's authority Meeting Generally - posting of agenda in advance, not required by Act Exceptions Permitting Closed Session Legal Advice of counsel - exception applies when counsel is also member of staff so long as legal advice was given Anne Arundel County Ethics Commission
8OMCB8	Compliance Board - Authority and Procedures Response to complaint - public body's response inadequate where it does not provide information on the statutory criteria at issue Meeting Determined to be a meeting - convening of quorum of public body at committee meeting Determined not to be a meeting - quorum not present or convened Minutes Generally - not required to reflect events which were not discussed or acted on in meeting Practices in violation - failure to identify attendees of closed session and other information Exceptions Permitting Closed Sessions Procurement, sec. 10-508(a)(14) - within exception: discussion of sole source contract only to the extent intertwined with competitive procurement that would be adversely impacted by disclosure of sole source discussion Litigation, sec. 10-508(a)(8) - within exception: discussion of settlement possibility discussion of contract for litigations services in connection with litigation Legal Advice, sec. 10-508(a)(7) - within exception: discussion of settlement possibility, with counsel Maryland Transportation Authority, Capital & Finance Committees
8OMCB19	Open Session Requirement Practices in violation, charging admission Meeting Determined to be a meeting: convening of quorum at event initiated and sponsored by the public body to discuss public business Carroll County Commissioners
8OMCB27	Minutes Procedures, practices in violation: Treating minutes request made in person as a Public Information Act request Maryland Transportation Authority
8OMCB32	Minutes Generally level of detail required preparation within reasonable time, required Carroll County Utilities Advisory Council
8OMCB35	Exceptions Permitting Closed Sessions Collective Bargaining discussion of collective bargaining negotiations when public body had statutory duty to review any agreement before the negotiations public party executed it Closed Session Procedures Written statement preparation before closed session required level of detail required City of Annapolis Advisory Commission
8OMCB38	Exceptions Permitting Closed Sessions Legal Advice - Generally Exception extends to public body's receipt of advice but not to deliberations on policy matters Closed Session Procedures Voting - Practices in violation Vote at one meeting to close the next Closed Session Procedures Written statement - Practices in violation Preparing written statement after meeting Calvert County Board of License Commissioners for Calvert County
8OMCB42	Exceptions Permitting Closed Session Legal Advice - Within exception Discussion with counsel of affordability of settlement offers Exceptions Permitting Closed Sessions Litigation - Within exception Discussion about status of settlement negotiations Compliance Board - Authority and Procedures Jurisdictional limits No authority to compel production of document Records Open session Minutes to be available to members of public, including those participating in litigation against public body Salisbury City Council
8OMCB46	Closed Session Procedures Voting - Vote to close not to be held in closed session Written Statement Generally - Duty of presiding officer to ensure accuracy at time of closing Notice Requirements Method - Generally Best feasible notice required for emergency meetings Minutes Generally - Transmission by e-mail not required Compliance Board - Authority and Procedures Jurisdictional limits Exceptions Permitting Closed Sessions Personnel, sec.10-508(a)(1) - Within exception, discussion of: Public Body Generally - Status of committee as formally-created body generally ascertainable by parent body Maryland Transportation Authority
8OMCB56	Meeting Generally: walking quorum exception to quorum requirement Determined not to be a meeting: quorum not present or convened Calvert County Board of Appeals
8OMCB63	Exceptions Permitting Closed Sessions Procurement, sec.10-508(a)(14) within exception, discussion of: discussion of procurement matter after bid opening but pre-award, when adverse effect of disclosure found Closed Session Procedures General need to meet the elements of the exception claimed Closed Session Procedures Written Statement Advisory Function omission of information on how each member voted on action taken in closed session Closed Session Procedures Written Statement Advisory Function omission of functions of each non-member attendee Minutes Generally redaction generally not permitted Public Body determined not to be a public body Proposal evaluation panel created by procurement staff Compliance Board Authority and Procedures Jurisdictional limits Open Meetings Act issues only Maryland Transportation Authority
8OMCB71	Minutes Generally Preparation within reasonable time, required Compliance Board - Authority and Procedures Opinions Reconsideration of prior opinion - standards Compliance Board - Authority and Procedures Jurisdictional limits Public body's distribution of opinions to members - not governed by Act Carroll County Utilities Advisory Council
8OMCB73	Public Body Determined not to be a public body Procurement panel put together by staff Public Body Determined not to be a public body Private group formed by member of the public Compliance Board - Authority and Procedures Jurisdictional limits Open Meetings Act issues only Compliance Board - Authority and Procedures Complaint Should be limited to requirements of the Act Baltimore Development Corporation
8OMCB76	Notice Requirements Applicability Notice required for parent body and committee when quorum of parent attends committee meeting Content Announcement of tentative date insufficient when public is given no means of confirming it Failure to provide public notice of method of publication Method Practices in violation Oral announcement at parent body's meeting insufficient Failure to provide written notice when meeting not scheduled under exigent circumstances Timing Generally One-day notice not permissible when public body knows earlier of the need to meet Charles County Planning Commission
8OMCB84	Administrative Function Within Exclusion, discussion of: Pursuant to statute, filling vacancy on council Open Session Requirement Practices permitted deciding whether to allow public participation Mayor and Town Council of Hurlock
8OMCB86	Closed Session Procedures Voting - vote to close must be held in open session Closed Session Procedures Written Statement - failure to prepare written statement Exceptions Permitting Closed Sessions Legal Advice, sec. 10-508(a)(7) Outside exception - counsel not present Exceptions Permitting Closed Sessions Personnel, sec. 10-508(a)(1) Outside exception, discussion of: policies or actions affecting classes of employees Minutes Closed Session Statement Practices in violation failure to include summary of closed session in minutes of open session Somerset County Board of Education
8OMCB89	Administrative Function Within exclusion, discussion of: selection of members to attend a function administration of existing expense policy review of line items in existing budget when future policy not discussed interpersonal relations among commissioners department heads' communications with members, to the extent that discussion did not involve policy issues Notice Requirements Content notice of closed meeting must specify that the vote to close will be held in open session notice must specify location of meeting notice of meeting to perform functions within the Act should be updated when public body instead decides to meet only to perform administrative functions Carroll County Commissioners *Topic headings correspond to those in the Opinions Index (2010 edition) at http://www.oag.state.md.us/opengov/openmeetings/appf.pdf
8OMCB95	Open Session Requirement - Generally No violation when alleged discussion of policy matters did not occur Closed Session Procedures - Written Statement - Generally Reason for closing to be specified when not apparent from the topic discussed Minutes - Closed Session Statement - Generally Disclosure of topics not discussed advisable when meeting was closed in part to discuss them Maryland State Board of Education *Topic headings correspond to those in the Opinions Index (2010 edition) at http://www.oag.state.md.us/opengov/openmeetings/appf.pdf
8OMCB99	Closed Session Procedures Written Statement Practices in violation - topic description reiterating statutory authority Minutes - Closed Session Statement Practices in violation - inadequate description Exceptions Permitting Closed Sessions - Business Relocation sec. 10-508(a)(4) discussion of negotiation with business considering location in the county: within exception Compliance Board Authority and Procedures Complaint complaint to be based on good-faith belief of violation, after reasonable inquiry Meeting - Determined not to be a meeting: Lunch during noon recess when no public business was discussed Board of County Commissioners of Washington County *Topic headings correspond to those in the Opinions Index (2010 edition) at http://www.oag.state.md.us/opengov/openmeetings/appf.pdf
8OMCB103	Meeting - Determined not to be a meeting: In the absence of a quorum, circulation of form requesting agenda items or staff actions Board of County Commissioners of Carroll County
8OMCB107	Administrative Function - Within Exclusion, discussion of: overseeing audit staff, to the extent that the discussion involves current operation, not future policy Maryland Transportation Authority
8OMCB111	Notice Requirements - Content Omission of date, time, place in website posting Notice Requirements - Method - Generally Posting on office door inside office building insufficient when public was last notified of the method 8 years ago Open Session Requirement - Practices permitted For conference call meeting, enabling the public to listen by speaker phone Open Session Requirement - Practices permitted Holding a meeting at a restaurant, without charge Minutes - Generally Preparation and adoption within reasonable time required Northeast Maryland Waste Disposal Authority
8OMCB115	Compliance Board - Authority and Procedures - Opinions Disputed issues of fact: cannot be resolved Quasi-Judicial Function - Within the function: Determination subject to certain judicial review provisions Administration Function - Within the Exclusion, discussion of: Application of existing law to claims against fund administered by the public body Maryland State Board of Morticians and Funeral Directors
8OMCB118	Public body - determined not to be a public body: Neighborhood association controlled by lot owners Pines Community Improvement Association, Inc.
8OMCB120	Exceptions Permitting Closed Sessions - Personnel, sec.10-508(a)(1) discussion of candidates for appointments to board *Topic headings correspond to those in the Opinions Index (2010 edition) at http://www.oag.state.md.us/opengov/openmeetings/appf.pdf Board of Commissioners of Charles County
8OMCB122	Closed Session Procedures - Written Statement - Generally - required to report actions taken Minutes - Generally - need not include documents reviewed by the public body at the meeting must be informative Minutes - Generally - posting on website, not required Compliance Board - Authority and Procedures - Opinions - disputes of fact not resolved *Topic headings correspond to those in the Opinions Index (2010 edition) at http://www.oag.state.md.us/opengov/openmeetings/appf.pdf Town of Betterton