WYOMING OPEN MEETINGS LAW

Bill TaylorNortheast Area Community

Development Extension Educator

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PURPOSE

“The agencies of Wyoming exist to conduct public business. Certain deliberations and actions shall be taken openly as provided in this act.” – Wyo. Stat. 16-4-401• Government business, funded by the

public, must be open to the public• Business cannot be hidden to avoid

embarrassment or hurt feelings, or save money

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WHO?

• All agencies and divisions of the state, counties, municipalities or other political subdivisions (except state legislature & judiciary)

• Any sub-agency of a governmental body, i.e.:– Boards– Commissions– Elected or appointed districts

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NONPROFITS/PRIVATE ORGANIZATIONS?

• If receiving public funds or conducting work of a public agency, the law may likely apply– The public has a right to know what is

being done with their money and how their business is being conducted

– Always err on the side of transparency when in doubt

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WHICH MEETINGS?

“All meetings of the governing body of an agency are public meetings, open to the public at all times, except as otherwise provided. No action…shall be taken except during a public meeting…Action taken at a meeting not in conformity with this act is null and void…” – Wyo. Stat. 16-4-403

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WHAT IS A MEETING?

An assembly of at least a quorum called by proper authority for the purpose of discussion, deliberation, presentation of information or taking action regarding public business. – Wy AG 2005 Summary• Formal meetings• Informal conferences• Retreats• Work sessions• Presentations• Informational gatherings

MAJORITY OF BOARD RIDES TOGETHER TO A CONFERENCE

AND DISCUSSES PENDING BUSINESS.

50%

50% 1. Legal2. Illegal

TWO MEMBERS OF 5 MEMBER BOARD ARE DRINKING COFFEE IN A PUBLIC PLACE AND DISCUSSING

BOARD BUSINESS. A THIRD MEMBER HAPPENS BY AND JOINS

THE DISCUSSION.

50%

50% 1. Legal2. Illegal

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• Legal, as long as no action was taken• As soon as a decision is made, action

has been taken, which must happen at a public meeting.

• However, most county attorneys advise against discussing business in informal settings to avoid the appearance of illegality.

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ELECTRONIC MEETINGS

Telephone and online Internet discussions constitute a meeting if a quorum is present

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COMPONENTS OF A MEETING

• Called by proper authority– Board chair, executive committee, mayor,

etc.

• For proper purpose– Discussion, deliberation, presentation of

information, or taking action regarding public business

• Quorum– Number of members required in bylaws or

by statute to conduct business

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ACTION

• Transaction of official business of governing body, including a collective decision, a collective commitment or promise, or an actual vote upon a motion, resolution, rule, order or ordinance.

• Actions may only be taken in a public meeting

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PUBLIC DISRUPTION

• Those creating disruption which makes it unfeasible to conduct meeting may be ordered removed.– If will not leave, call law enforcement and

recess

• Or meeting may be recessed and reconvened in a different location.

• Members of the press cannot be excluded unless they are part of the disruption.

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NOTICE

• Regular public meetings are to be established and held on that schedule

• Notice of all meetings must be given to any person or media outlet who requests it

• No specific form is required, but notice must include name of agency, date, time, place, general or specific purpose

• Although published notice is not specified by law, a published notice providing the regular meeting time and place is recommended

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SPECIAL MEETINGS

• Any meeting not regularly scheduled• May be called by presiding officer by

giving notice to members and each media outlet requesting notices

• Notice must specify time, place, and business to be covered– No minimum time is specified, but the notice

should be at least 24 hours prior

• Only that business specified in the notice may be addressed

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EMERGENCY MEETINGS

• Matters of serious immediate concern

• All reasonable efforts to provide public notice

• All actions taken at emergency meeting are temporary and must be ratified at a public meeting within 48 hours

OUR BOARD USES EXECUTIVE SESSIONS.

0%0%

1. Yes2. No

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EXECUTIVE SESSIONS

• Only allowed for specific purposes listed in the statute–With counsel and law enforcement

concerning a threat to security– Employment, appointment, dismissal, or

charges against an employee• The employee may request a public hearing

– Litigation– National security

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– A licensing agency when administering examinations

– Considering parole or release of prisoners– Considering real estate when publicity

would increase the price– Consider donations the donor wishes

confidential– Consider information classified

confidential by law– Employment negotiations– Disciplinary action of students

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• Motion must be made and passed by board to enter into executive session–Motion should state statutory reason

• Only discussion or information gathering is allowed – no action can be taken except in the public meeting

• Minutes must be taken citing reason for session and general discussion topics–Minutes are to be kept confidential &

separate from regular minutes

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• Any action must be made by motion in the public meeting after the board returns from the executive session

• Any member objecting to legality of executive session must be entered into meeting minutes

OUR BOARD IS FOLLOWING PROPER EXECUTIVE SESSION

PROCEDURE.

0%0%

1. True2. False

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MINUTES

• Minutes are required of all meetings, even if no action is taken

• Minutes must be available for public examination– A typical charge can be made to provide

copies

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VIOLATIONS

• ALL actions taken during meeting in violation of Open Meetings Act are null and void– Contracts, employment decisions, budgets

• Anyone attending who did not have their objection recorded, or does not object at the next public meeting, is guilty of a misdemeanor– Possible fine up to $750

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REFERENCES

• Wyoming State Statutes – Title 16, Chapter 4, Article 4; 16-4-401 to 16-4-408

• Open Public Meetings: A Guide to Public Accountability for School Board Members and Superintendents, Wyoming School Boards Association, September 2006

• The Open Meetings Act: A Summary, Wyoming Office of the Attorney General, July 1, 2005

• Wyoming Open Meetings Law: A Handbook for Municipal Elected Officials, Wyoming Association of Municipalities, 2010