PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Sonny Brasfield Executive Director

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Legislation Proposed in 2014 Regular Session Passed Senate and House Added Amendments Bill Died in “Basket” Before Senate Considered House Changes House-passed Version Expected to be Introduced 2015 Session

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Committees and sub-committees Serial Meetings Economic Development Exception Exception for two members to be together Exempts Legislature Amendments to Penalty Section

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Committees and sub-committee –Clearly states that all provisions of the open meetings law apply to a “sub-committee, committee or full governmental body”

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Serial Meetings –Codifies AG Opinions making “Serial Meetings” a violation

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Defines “serial meeting” as any “series of gatherings of two or more members of a governmental body, at which”: 1.Less than quorum present at each gathering, and at least one person attends at least two of the gatherings 2.Total number in all gatherings is at least a quorum 3.No notice of the gatherings is provided 4.The members “deliberate” during the gathering 5.Gatherings held for the purpose of circumventing the law 6.At least one of the gatherings occurs within 7 days of a vote on the matters deliberated

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Three specific items are excluded from the “Serial Meeting” definition: 1.Gatherings with no deliberation or simply to exchange information 2.Gatherings related to job search that result in the candidates being narrowed to three or less 3.Gatherings by University Trustees for job searches for top positions

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Economic Development Exception –Excludes from the definition of meeting times when a quorum holds discussions with “economic, industrial, or commercial prospect or incentive” that do not include final action

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Two Members –Establishes a special exception for two members of a full governmental body who talk together (but do not deliberate) even if there are only three members on the full body itself

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Exempts Legislature –Provides that “no other provisions” of the open meetings law apply to the Legislature

PROPOSED CHANGES ALABAMA OPEN MEETINGS LAW Amendments to Penalties –Allows only one penalty per incident for each board member, even if there are multiple plaintiffs –Establishes minimum penalty as $1 to clarify appropriate parties to file suit