MODEL BILLS

Open Meetings Act

Summary: The Open Meetings Act requires government boards and commissions to make their meetings open to the public by livestreaming them on the Internet, with some exceptions. Livestreaming has become cheap and technologically easy so there’s no reason why public meetings should not be livestreamed.

Based on the District of Columbia Open Meetings Act

NOTE: Where a jurisdiction already has an Open Meetings Act, it may only be necessary to require livestreaming any meeting that is already required to be open to the public.

SECTION 1. SHORT TITLE

This Act shall be called the “Open Meetings Act.”

SECTION 2. FINDINGS

The legislature finds that:

1. Technology has made it possible for government meetings to become truly open to the public through livestreaming on the Internet. Livestreaming can redefine the relationship between citizens and their governments, bringing greater transparency and participation.

2. Open meetings laws enacted in prior years don’t often include livestreaming because it was not technologically feasible until recently.

3. Several states and cities now require governments to broadcast their meetings to the public. At least two states, Indiana and Massachusetts, have mandated that all school board meetings be livestreamed.

4. Public meetings are a cornerstone of democracy. They help bridge the gap between governance and the governed. Livestreaming government meetings helps strengthen that cornerstone.

SECTION 3. OPEN MEETINGS

After section XXX, the following new section XXX shall be inserted:

(A) This section [the Open Meetings Act] shall apply to any state, city, county or town meeting of a public body, including a council, commission, board, or school board, where public policy is being discussed or voted upon. [Edit this to fit your situation and intent.]

(B) This section shall not require an open meeting if, before a meeting or portion of a meeting is closed, the public body meets in open session at which a majority of the members of the public body present vote in favor of closure based on one or more of the following reasons:

(1) A law or court order requires that a particular matter or proceeding not be public;

(2) To discuss, establish, or instruct the public body’s staff or negotiating agents concerning the position to be taken in negotiating the terms of a contract, including an employment contract, if an open meeting would adversely affect the bargaining position or negotiating strategy of the public body;

(3) To consult with an attorney to obtain legal advice and preserve the attorney-client privilege between the attorney and the public body;

(4) To prevent premature disclosure of an honorary degree, scholarship, prize, or similar award;

(5) To discuss specific procedures to protect the public or a public body from potential terrorist activity or other substantial dangers to public health and safety if disclosure could endanger the public or the public body;

(6) To discuss the appointment, employment, assignment, promotion, performance evaluation, compensation, discipline, demotion, removal, or resignation of specific government appointees, employees, or officials;

(7) To discuss trade secrets and commercial or financial information obtained from outside the government or public body, to the extent that disclosure would result in substantial harm to the competitive position of the person from whom the information was obtained;

(8) To deliberate upon a decision in an adjudication action or proceeding by a public body exercising quasi-judicial functions;

(9) To plan, discuss, or hear reports concerning ongoing or planned investigations of alleged criminal or civil misconduct or violations of law or regulations, if disclosure to the public would harm the investigation; and

(10) To discuss matters involving personally identifiable information of students.

(C) Unless a meeting or a portion of a meeting is closed pursuant to subsection (B), the meeting shall be livestreamed on the public body’s Internet page or another webpage that is accessible free of charge to all Internet users.

(D) At meetings where the in-person public audience is allowed to participate with questions or statements, the public body shall allow residents to participate online, with reasonable limits on time.

SECTION 4. EFFECTIVE DATE

This law shall become effective on July 1, 20XX.