The Open Meetings ActThe Open Meetings ActW.S. 16-4-401 et. seq

Purpose of the Open Meetings Act

The overriding principle of the Act is that government should conduct it’s business in an open mannerWyoming Statute. 16-4-403: “all meetings of the governing body of an agency are open to the public at all times, except as otherwise provided.”

Who is subject to the Open Meetings Act?

State boardsCommissions CommitteesSub-agencies of the stateCounty governmentMunicipalities

Other political subdivisions created by or pursuant to the Wyoming Constitution, statue or ordinanceConservation Districts are clearly political subdivisions created by state statute and must comply with this Act.

Who is exempt from the Act?

Stand-Alone agencies– Tax commissioner, Insurance commissioner – State Examiner, State Engineer

Ad Hoc advisory committees – Gathering together of several multi-member boards

for a particular purpose not considered an agency or district action

When the Act Applies

Generally the Act applies if at least a quorum of the members of a governing body meet; even informally, in order to consider matters which are within the district’s official business. (Emphasis added)All meetings of the governing body of a district are public meetings, open to the public at all times, except as otherwise provided, and no action may be taken except during a public meeting

Definitions

Meeting means an assembly of at least a quorum of the governing body of an agency which has been called by proper authority of the agency for the purpose of discussion, deliberation, presentation of information or taking action regarding public business.

Public participation W.S. 16-4-403

A member of the public is not required as a condition of attendance at any meeting to register his name, supply information, to complete a questionnaire, or fulfill any other condition precedent to his attendance. A person seeking recognition at the meeting may be required to give his name and affiliation.

Exemptions

For officers of the law, any matters that pose a threat to security or public or private property or a threat to a public’s right of access.On matters concerning litigation to which the governing body is a party or proposed litigation.To consider the selection of a site or the purchase of real estate when the publicity regarding the consideration would cause a likelihood of an increase in price.

Exemptions (cont.)

To consider or receive any information classified as confidential by law.To consider acceptance of gifts, donations and bequests which the donor has requested in writing be kept confidential.To address personnel matters.

Application of the Act regarding Personnel Matters

Generally, “consideration” of personnel matters are not subject to the Act. However, “actions” taken regarding personnel matters are subject to the Act.The appointment, employment, right to practice or dismissal of a public officer, professional person or employee or:To hear complaints or charges brought against any employee, professional person or officer, unless the employee, professional person or officers request a public hearing.

Application of the Act regarding Personnel Matters (cont.)

While consideration of personnel matters is not subject to the open meetings requirements, the actual action taken, i.e. appointment or dismissal, is subject to the act.The setting of salaries or compensation is not exempt by statute.

Notice requirements under the Act

Under the Act, the governing body shall provide notice of its meeting to any person who requires notice. Notice requirement may be fulfilled by mailing a copy of the meeting schedule or resolution setting the next meeting to whomever has made a request for notice.

Notice requirements (cont.)

The agency or district should give sufficient advance notice of the meeting to the local news media.The act does not specifically require that notice be made statewide.Whenever possible, agencies should adopt a regular meeting schedule so that notice of meeting schedules may be given to media.

What Needs to be in the Notice?

Name of agency holding the meeting

The specific date, time and place of meeting

The general or specific purpose of the meeting, if known.

Special Meetings W.S. 16-4-404(b)

Special meetings may be called by the presiding officer by giving notice to each member of the body and to each newspaper of general circulation, radio or television station requesting the notice.The notice shall specify the time and place of the special meeting and the business to be transacted.No other business may be considered at a special meeting.

Recess of Meetings W.S. 16-4-404(c)

A regular or special meeting may be recessed (cancelled or moved to another location) by the governing body to a place and at a time specified in the “order of recess.”A copy of the order of recess is to be conspicuously posted on or near the door of the place where the meeting or recessed meeting was held.

Emergency Meetings W.S. 16-4-404(d)

Emergency meetings may be held by a governing body on matters of serious immediate concern to take temporary action without notice. Reasonable effort shall be made to offer public notice.

All actions taken at emergency meetings are of temporary nature and to become permanent shall be reconsidered and action taken at an open public meeting within 48 hours.

Phone Conference Calls

The Act also applies to telephonic conferences where a quorum of members of a governing board of an agency or district gather together by telephone communication to participate in district business covered by the Act.The same notice requirements would apply as any other meeting.

Minutes W.S.16-4-403(c)

Minutes must be taken at all meetings, regardless of whether official action has been taken.If no action is taken, the minutes do not need to be published in a newspaper; however, they should be available for public examination.If the board goes into executive session to discuss exempted matters, it should be duly noted in the minutes.

Day to Day Operations

The Act has been amended to clarify that “day to day administrative activities of an agency or district” are not subject to the Act.

Disruptions of Public Meetings W.S. 16-4-406

If any public meeting is willfully disrupted by a person or group of person so as to render the orderly conduct of the meeting unfeasible, the district may order the removal of the person(s) causing the disruption and continue in session or the meeting can be reconvened at a different location.

Only matters appearing on the agenda may be acted upon in a meeting recessed to a different location.

Conflict of Law

If the provisions of this Act conflict with any other statute, the provisions of this Act shall control.

Penalty

Any member or members of an agency who knowingly and willfully takes an action in violation of or conspires to take an action in violation of this act shall be guilty of a misdemeanor unless minutes were taken during the meeting and the parts thereof recording the member’s objections are made public or at the next regular meeting, the member objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes.

Either misdemeanor violation is punishable upon conviction by a fine of not more than $750.00

Please see AG Summary, July 1, 2005, for further information on the Open Meetings Act