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N:\Public Bodies\Handbooks\Open Meeting Law.doc <br />OPEN MEETING LAW <br /> <br />The open meeting law applies to “any committee, subcommittee, department, board, or <br />commission” of the city. With certain statutory exceptions, all board and commission meetings must <br />be open to the public. Meetings may be closed only if closure is expressly authorized by statute or <br />permitted by the attorney-client privilege. <br /> <br />A meeting is a gathering of a majority of the members of a board or commission at which official <br />business is discussed. It is not necessary that action be taken for a gathering to constitute a meeting. <br /> <br />Serial meetings between groups of less than a quorum that are used to deliberate matters in order to <br />avoid open meeting law requirements may also be found to be a violation, depending on the facts in <br />the case. To understand how a serial meeting occurs, imagine that board member A talks to board <br />member B about a city issue, board member B talks to board member C about that issue, and C <br />talks to A. Serial meetings can occur through written correspondence, telephone calls, email, or <br />through social media. See the enclosed Guidelines for Electronic Communications Between Members of <br />Council, Commissions and Boards for additional information. <br /> <br />Scheduling of meetings with the staff liaison will help prevent conflict with other groups over <br />meeting times when public participation is particularly desired and could help prevent open meeting <br />law violations. <br /> <br />Intentional violations subject an individual to personal liability in the form of a civil penalty <br />up to $300. <br />207