GS

 Purpose of Open Meetings Law  What is a public body ???  Are SWCDs a qualifying public body???  Purpose and procedure for closed sessions  Violations of the law  Summary

 Allow public access to a public body’s deliberations in real time  Provide for privacy where warranted

 Defined by the Open Meetings Law  Must have at least 2 members  Someone or some entity created the group  Someone must elect or appoint members  Body is part of NC state or local government  Body exercises or is authorized to exercise at least 1 of 5 powers

 Administrative  Legislative  Policy Making  Quasi Judicial  Advisory

All District boards have more than 2 members Districts were created by NC General Statute All supervisors are elected or appointed Districts are entities of state government Districts function like entities of local government

 Policy making – Districts can set policy regarding state cost share programs not in conflict with Commission policy  Advisory – Districts routinely advise local land users and others regarding land use decisions, natural resource management, conservation treatment, soils information, etc.

 Local soil and water conservation districts meet all requirements for designation as a public body under the Open Meetings Law.  Therefore, SWCDs must comply with the law.

 The law makes provisions for privacy when open sessions might harm public interests or an individual’s privacy  But bodies can go into closed session for only certain purposes

 Attorney-client matters  Personnel  Real property negotiations  Economic development  Confidential records  Honorary degrees or other awards  Criminal investigations  School violence  Responding to terrorism

 Personnel Actions – acceptable to discuss candidates for employment, but not candidates to fill a position on the board  Confidential records – made confidential by state or federal law, i.e Section 1619 of the Farm Bill

 A closed session is part of an official open meeting  Notice of meeting required even if all of meeting will be closed  During open part of the meeting, must have motion to go into closed session  Motion must state purpose of going into closed session  If to discuss confidential records, must reference the specific law regarding that record

 Requires a general account of subjects discussed  If action taken, minutes to capture the action are required  General account and minutes may be merged into one document

 OK if opening defeats purposes of the closed session  Must unlock when need to keep information confidential passes  Some minutes or general accounts may never be unlocked

 Generally, primary reasons for a District to hold a closed session are to discuss either personnel or confidential records  Closed sessions are allowed under the law if done properly

 Violating the Open Meetings Law is not a crime  No potential for a criminal law suit  But, action could be taken through civil suit

 Clarity judgment – judge clarifies the law and how it was violated  Judge orders members to comply in the future  Judge invalidates action(s) taken during closed session (rarely used)

 Remote possibility that losing party must pay  Trial court may order losing party to pay  If fees are imposed, normally unit of government is responsible  Court can order individual members of public body to pay if violation was intentional

 Violation of the law is serious even if not criminal  Don’t want the reputation of the District to be tarnished  Best protection is to do things correctly

This training module was prepared by the North Carolina Association of Soil and Water Conservation Districts, 2015

Funding provided by the North Carolina Department of Agriculture and Consumer Services, Division of Soil and Water Conservation. Credits Video Production by: Narration by: