In Public Access Opinion 23-003, the Public Access Counselor (“PAC”) found that the board of a library district violated the Open Meetings Act (“OMA”) by holding a “Meet and Greet” event between three Board members (a majority of a quorum) and library staff without following the requirements for a meeting under the OMA.
A Board member submitted a Request for Review with the PAC, alleging that the Board held a meeting without giving notice to the public and inviting only Board members and library district staff to discuss library issues, salaries, and staff issues. In response, the Board contended that while three Board members attended the gathering, it was an informal “Meet and Greet,” that was not subject to the OMA.
After reviewing the video recording of the meeting, the PAC found the gathering was more than a social event because staff members presented the Board with questions, which the Board members answered, concerning staff salaries, employment status, insurance benefits, the Building & Maintenance Tax, and Board member behavior during Board meetings. Noting that the OMA applies not only to gatherings where decisions are made, but also to discussions by public bodies about public business for the purpose of collection information, the PAC concluded the Board’s “informal” meeting was subject to the OMA.
This opinion emphasizes the need for public bodies to consider the substance, as well as the form, of any gathering of Board members, to ensure compliance with the procedures and requirements of the OMA. Keep in mind that gatherings of a majority of a quorum of board members, if held for the purpose of discussing public business, qualify as “meetings” that are subject to the requirements of the OMA. To comply with the OMA, meetings must, at a minimum, include proper posting of notice and an agenda, holding the meeting at a specified time and place that is convenient and open to the public, and allowing public comments.
Contact Heather Brickman or any other attorney in our Board Governance/Corporate practice group with your OMA inquiries.
Source: Public Access Opinion 23-003
