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: Bruce F. Bright, Esquire
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 (Craig O'Donnell, Complainant)