open meetings law. purpose single body of law every day application of “government of, by and for...
TRANSCRIPT
![Page 1: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/1.jpg)
Open meetings law
![Page 2: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/2.jpg)
PURPOSEPURPOSE• Single Body of LawSingle Body of Law
• Every day application of Every day application of ““Government of, by and Government of, by and for the Peoplefor the People””
• Predictable Behavior by Predictable Behavior by Government Government
• pROCEDURES to be pROCEDURES to be followedfollowed
![Page 3: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/3.jpg)
FOIA IS A BALANCE
RIGHT OF ACCESSVersus
NEED OF GOVERNMENT TO FUNCTION
![Page 4: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/4.jpg)
WHAT IS A “MEETING”
• anytime:
• GATHERED/SITTING AS A BODY
• 3 OR MORE INFORMALLY ASSEMBLED and THE DISCUSSION OF PUBLIC BUSINESS
• Any SUBCOMMITTEE OF THE BODY
• A QUORUM IF LESS THAN 3
![Page 5: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/5.jpg)
Not a “meeting” if…
• NotNot prearranged to discuss public business
• NoNo purpose is to discuss public business
• A gathering of public employees
![Page 6: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/6.jpg)
MEETINGS
1.1. NOTICE TO THE PUBLICNOTICE TO THE PUBLIC
2.2. OPEN TO THE PUBLICOPEN TO THE PUBLIC
3.3. MINUTESMINUTES
![Page 7: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/7.jpg)
NOTICE
• AT LEAST 3 WORKING DAYS PRIOR TO REGULAR MEETING
• REASONABLE NOTICE FOR SPECIAL OR EMERGENCY MEETINGS —notify public when body notify public when body knowsknows
• Posted in prominent public location Posted in prominent public location ANDAND in the office of the clerkin the office of the clerk
![Page 8: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/8.jpg)
Personal notice
• Annual request by citizens
• Email, telephone, mail
![Page 9: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/9.jpg)
CLOSED MEETINGS
• PROPER MOTION REQUIRED
• PURPOSE• SUBJECT
AND• CODE CITE
• MUST HAVE ALL THREE ELEMENTS
![Page 10: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/10.jpg)
CLOSED MEETINGSCLOSED MEETINGS
• KEEP ON TOPIC AS STATED IN MOTION
• STRAW VOTES ALLOWED
• CERTIFY in open session
• VOTE IN OPEN SESSION
![Page 11: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/11.jpg)
minutes
• Date, time and location
• Members present and absent
• Summary of matters– Discussed– Proposed– Deliberated or– Decided
• Votes taken
![Page 12: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/12.jpg)
ENFORCEMENTENFORCEMENT
• Failure to follow FOIA deemed Failure to follow FOIA deemed violation.violation.
• FOIA Suit by aggrieved partyFOIA Suit by aggrieved party
• Burden of proof on GovernmentBurden of proof on Government
•
![Page 13: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/13.jpg)
PENALTIESPENALTIES
• Pay legal bills of Pay legal bills of petitionerpetitioner
• Mandamus or Mandamus or InjunctionInjunction
• BAD PRESSBAD PRESS
![Page 14: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/14.jpg)
PENALTIESPENALTIES “ “Knowing” and “Willful” Knowing” and “Willful”
ViolationsViolations
• Up to $1,000 for 1st Up to $1,000 for 1st violation.violation.
• Up to $2,500 for any Up to $2,500 for any subsequent violation.subsequent violation.
• Paid by violator, not Paid by violator, not the government!the government!
![Page 15: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/15.jpg)
Advisory OpinionsAdvisory Opinions
• VIRGINIA VIRGINIA Freedom of Freedom of Information Information Advisory CouncilAdvisory Council
• Attorney GeneralAttorney General
![Page 16: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/16.jpg)
RememberRemember• Call FOIA Council with Call FOIA Council with ANYANY questions. questions.
• Set “institutional culture” for compliance with FOIA.
• It is NOT our individual sense of fairness, but the collective sense expressed in the
law.
• COMPLIANCE WITH THE LAW IS NEVER NEWSWORTHY
![Page 17: Open meetings law. PURPOSE Single Body of Law Every day application of “Government of, by and for the People” Predictable Behavior by Government pROCEDURES](https://reader037.vdocuments.us/reader037/viewer/2022103022/56649d755503460f94a5595e/html5/thumbnails/17.jpg)
FOIA COUNCIL
• 1-866-448-4100 (toll free)
• Email: foiacouncil @DLS.VIRGINIA.GOV
• Website: http://FOIACOUNCIL.DLS.VIRGINIA.GOV/