Intro:
I got an email from one of our readers (love you guys) that added Open Meeting Act Violations to our alert (https://www.baltimorespokes.org/article.php?story=20111023225019955 i.e. Can public transportation decisions be made in a "closed meeting"? ) and there was the unpublicized meeting regarding charging fee’s for Loch Raven reservoir use (https://www.baltimorespokes.org/article.php?story=20111026142929854 ) also in violation of the Open Meetings Act. So it might do us good to review that law and link a resource for complaints as well as more information:
***********************************************************************
10-501. Public policy.
(a) It is essential to the maintenance of a democratic society that, except in special and appropriate circumstances:
. (1) public business be performed in an open and public manner; and
. (2) citizens be allowed to observe:
. (i) the performance of public officials; and
. (ii) the deliberations and decisions that the making of public policy involves.
(b) (1) The ability of the public, its representatives, and the media to attend, report on, and broadcast meetings of public bodies and to witness the phases of the deliberation, policy formation, and decision making of public bodies ensures the accountability of government to the citizens of the State.
. (2) The conduct of public business in open meetings increases the faith of the public in government and enhances the effectiveness of the public in fulfilling its role in a democratic society.
(c) Except in special and appropriate circumstances when meetings of public bodies may be closed under this subtitle, it is the public policy of the State that the public be provided with adequate notice of the time and location of meetings of public bodies, which shall be held in places reasonably accessible to individuals who would like to attend these meetings.
…
(b) (1) Subject to paragraphs (2) and (3) of this subsection, as soon as practicable after a public body meets, it shall have written minutes of its session prepared.
…
(c) (1) The minutes shall reflect:
. (i) each item that the public body considered;
. (ii) the action that the public body took on each item; and
. (iii) each vote that was recorded.
…
Full text here: https://www.oag.state.md.us/Opengov/Openmeetings/AppA.pdf
.
Home page for the Maryland Open Meetings Act: https://www.oag.state.md.us/Opengov/Openmeetings/index.htmoldId.20111026180337643
If we find out about an Open Meetings Act violation, should we call 311? (At first, I thought of this as a joke, but it actually might be a good idea.)
Contact Information:
Open Meetings Compliance Board
Office of the Attorney General
200 Saint Paul Place
Baltimore, Maryland 21202
E-mail inquiries: opengov@oag.state.md.us.
Telephone inquiries: 410-576-6327
https://www.oag.state.md.us/Opengov/Openmeetings/index.htm
Here’s what you do:
First, determine if a quorum of the council or body was present. If so, it was a "meeting" as defined in the law and you have grounds to file a written complaint.
You are alleging one or more violations of the Open Meetings Act. The basic types are:
1. Failure to provide notice
2. Failure to follow the law’s procedural steps for closing a meeting (not conducting a recorded vote, not completing a closing statement, failing to keep minutes ofthe closed session).
3. Discussing a topic that cannot be discussed in a closed session (e.g. changes in policy; legislation; zoning matters)
4. Failing to provide an adequate summary, in the minutes of the next open meeting, of the topics discussed, the actions taken, and the persons present in the closed meeting.
5. Failing to have written closed session statement and/or minutes available to the public upon demand.
A board or council can violate one, two, or all of these basic requirements in one meeting.
Don’t wait. If you think something was fishy, mail a complaint the next day. Type a brief letter beginning:
"Open Meetings Compliance Board
Attorney General’s Office
200 St. Paul Place
Balto, MD 21202
Dear Members of the Board, "
In it, identify the date of the meeting or meetings; the body involved (Cecil County Commissionres; Baltimore City Council; Maryland Transportation Authority; whatever).
Identify what you think went on, that you are alleging one or more "procedural or substative violations of the Open Meetings Act" and ask for the body to provide (1) the closing statement (2) the minutes to the compliance board to resolve the problem.
If you can, provide a description of what went on (if you were at the meeting) and include anything, for example a news report, that supports your letter.
You don’t need to be a lawyer to file a complaint. It costs nothing but paper and stamp.
The whole point of the citizen complaint process is to teach public bodies how to behave. There aren’t really any penalties for breaking this law except for the pain and agony and expense of having to respond to the Open Meetings Compliance Board. For example,t he Cecil County Commissioners were caught doing things secretly in 2009 or so and it seems they spent about $5,000 on an attorney.
His arguments didn’t work. The Compliance Board ruled that they held an illegal secret meeting.
It is standard practice for boards and councils to have an attorney answer complaints. Don’t let this intimidate you.
Thanks for the feedback, much appreciated.
Open meetings act violations?