Open Meeting Laws and Your Local Government

“A central idea in the United States is that we are a government by the people,” says Ian T. Baxter, a state and local government lawyer at Post & Schell in Allentown, Pennsylvania. “We are governed by our peers. And the expectation is that you, as a citizen, have access to the government. Every single citizen and person has access.” 

How is this ideal of government transparency put into practice? One important way is through open meeting laws. These laws require local and state government bodies to provide advance notice of official meetings and to make those meetings open and accessible to the public.

“Open meeting laws are geared toward the expectation that we have a right to know what our peers are deciding on our behalf,” says Baxter. This article will introduce open meeting law requirements and when to get legal help if you think a governmental body is acting in violation of these laws. 

When Do Open Meeting Laws Apply?

Open meeting acts vary widely by state. Before taking any legal action, you need to understand what the law requires. Below are some key questions to ask when researching your state’s open meeting laws or consulting with an attorney.

Is a Public Body Involved? 

For open meeting laws to apply, there must be a meeting of a public body. But what is a “public body”? While definitions vary from state to state, it’s generally any appointed or elected board, committee, subcommittee, or council with legislative, judicial, administrative, or public policy decision-making authority. 

Public officials include:  

• City council members 
• County commissioners 
• School board members 
• Governing board members of municipal or state agencies 

When public bodies meet, their deliberations and decisions must be out in the open. Citizens must have the opportunity to hear what officials discuss and provide feedback.  

Is There an Official Public Meeting?  

Not every meeting of public officials is subject to open government laws. For example, there is no requirement that the municipality’s holiday office party be open to members of the public. Official meetings, however, must be open.

An official meeting occurs when a quorum of members of a public body meets to deliberate or take action on public matters

• Quorum. The minimum number of public officials that must be present to conduct official business. The specific number required will vary statewide depending on the public body. For example, say local law defines a quorum as a simple majority of members, and a local board of trustees has eight members. In that case, five board members must be present for a quorum.
• Public matter. Examples of public matters include: How should a new part of town be zoned? Should a new library be built? What is the school district’s budget? What infrastructure projects are most pressing? 

Examples of public meetings are public hearings, board meetings, and legislative, administrative, or judicial proceedings. 

“I sit on my township’s zoning hearing board, and we’re subject to open meeting laws,” says Baxter. “All of our deliberations are done out in the open, in front of the public that wishes to attend. It’s to keep people informed who want to know. Especially in the political environment we’re in now, a lack of transparency brings added question marks and feeds the fire of conspiracy. I think a way to address that is to make things as open as possible.” 

Where and When Is the Meeting Happening? 

“Having meetings at a specific time at a stated location is the easiest way to ensure everyone has access,” says Baxter. However, sometimes public bodies must meet in different locations or go entirely remote depending on circumstances. 

For example, during the COVID-19 pandemic, Baxter says his local zoning board “had to switch to a format that allowed virtual attendance.” Since the end of the pandemic, “We’ve been able to revert to in-person meetings, and we no longer have an obligation to provide virtual access, but during COVID-19, it was a requirement. We even had to cancel meetings until we could facilitate that.” 

States may set specific requirements for remote meetings, such as:

• The types of technology that can be used
• When virtual participants must be counted as present at the meeting
• When virtual participants’ contributions must be included in the meeting minutes 

Pros and Cons of Virtual Public Meetings

Technology has the potential to make public meetings more accessible. Citizens who want to attend a meeting and get informed can skip driving across town to a specific location. They can participate from home.  

On the other hand, says Baxter, “There were some concerns about accessibility when the [remote requirement] was imposed. For younger people, technology is often second nature. But many older people may not be as accustomed to using it.” There may also be geographic or economic disparities in access to the internet or electronic devices that allow connectivity. 

Though the COVID-19 pandemic has passed, there is a persisting question with remote public meetings: “How do we ensure that things are truly accessible? We can’t conduct meetings in secret or record them since the general public must be able to interact and participate. We can’t foreclose that participation.” 

Did the Public Body Give Public Notice of the Meeting? 

State laws set various requirements for notifying members of the public about meetings. At a minimum, notice must inform the public about the meeting location and time. 

Notice requirements depend in part on the type of meeting: 

Regular Meetings

For routine meetings, public bodies generally must post the meeting schedule at the offices of the relevant governmental body and online.

If there’s a change to the regular meeting schedule (for example, the meeting day is switched from Tuesday to Thursday), the body must post the revised schedule. 

Special Meetings

If there is no regular schedule or a meeting is planned beyond regular sessions, advance notice must be given. This may be done by:

• Posting the information on the official website
• Posting the notice on the board or agency’s official bulletin
• Calling or mailing citizens who submitted a written request for advance notice

Other notice methods may be required by state law. 

Emergency Meetings

When there’s an emergency and standard methods would be ineffective to give notice, state law may require notice to be given to news media that can publicize the meeting. 

What To Do About Open Meeting Law Violations 

If a public body conducted official business in violation of state open meeting laws, “There is a complaint process, typically handled through a state’s office of the attorney general,” says Baxter. “Whether through the attorney general’s office or a private lawsuit, citizens can challenge legislation or policies enacted in violation of the open meeting laws.” 

Since open meeting laws are complex and bringing a lawsuit can be complicated and time-consuming, it’s wise to seek legal counsel if you’re considering challenging the government. A lawyer can assess your potential legal claims and tell you whether there is a good cause of action or if alternative solutions exist through an official complaint process. 

Many attorneys offer free consultations for potential clients, or they may count consultation fees toward their legal services. Initial consultations let you get legal advice and strategize your next steps.

When To Get Legal Help

As for when to seek legal help, Baxter advises people to act sooner rather than later. “If you have a bona fide claim, you should be seeking counsel as soon as possible. With the passage of time, your ability to fully flesh out details and evidence becomes increasingly difficult. Starting earlier also allows you to explore the merit and viability of any claim.” 

Look for a state, local and municipal attorney in the Super Lawyers directory for legal help.