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In Legal Terms
- Volume 54, Number 1 - 2010
By Association Counsel Mary Pons
The importance of Alabama’s Open Meetings Law.
In 2005, Alabama passed legislation that transferred a very general and vague criminal statute into one of the most comprehensive Open Meetings Laws in the nation.
How well do YOU know Alabama’s Open Meetings Law?
One of the most significant pieces of legislation to become law during my tenure at the Association is the Open Meetings Law passed in 2005. This legislation transferred a very general and very vague criminal statute into one of the most comprehensive Open Meetings Laws in the country, with civil penalties assessed against public officials who violate this law. There is always good and bad to having something that sets out specific rules and procedures — it leaves less room for debate about how to conduct business, but it also leaves less room for “seeking forgiveness rather than permission.” Of course, there is still debate about some aspects of the current Open Meetings Law, and we are beginning to see lawsuits filed against some governmental entities for alleged violations of the law. The law is detailed, but it is also complex, and ACCA staff receives questions about proper application on a daily basis. We welcome those calls because it is so important that county officials, administrators and attorneys have a good working knowledge of this important law and strive at all times to comply with its mandates and restrictions. It is important to us that we help counties work through issues on the front end rather than after we have read an unflattering story in the news about how a county commission “violated” the law.
When the law passed, ACCA staff conducted three, one-day training sessions around the state to educate counties about the new law. We have also been very careful to include comprehensive sessions in training programs for county commissioners and staff. If you have not attended training on the Open Meetings Law, I strongly encourage you to do so as those sessions become available through either the ALGTI training for county commissioners or the new training program for county staff discussed in this issue’s cover story.
As part of the one-day training sessions conducted in 2005, the staff produced a manual for participants that included an overview of the law, sample rules of procedure, and a copy of the law. That notebook is still available. If you do not have a copy of it, please click on Open Meetings Manual for Alabama Counties and download those materials for easy reference. Additionally, all county commissioners, administrators and county attorneys should have a personal copy of the county’s Rules of Procedure, and should reference
those rules frequently to ensure that all county commission meetings are
conducted in compliance with the commission’s adopted procedures.
I realize I have written several articles on the Open Meetings Law since it took effect in 2005, but it is so important that all those connected to county government remain conscious at all times that this law governs the conduct of the county commission, not only during a county commission meeting, but in the daily workings of county government and in commissioners’ interaction with county staff, attorneys and outside groups. So, I feel it important to remind counties to keep this law in mind in all activities — and important to familiarize new commissioners, staff and attorneys with the law so they, too, will understand and be conscious of its importance.
Having done my quarterly plug for careful consideration of the law, I turn to another important aspect of county commission meetings not directly related to the Open Meetings Law. The county commission — not the general public — controls the county commission meeting. Code of
Alabama 1975, § 36-25A-1, states in part that, “It is the policy of this state that the deliberative process of governmental bodies shall be open
to the public during meetings as defined in [the law].” The law’s meeting notice requirements are intended to ensure that the public is aware of such meetings so that they can attend and observe if they desire. Nothing in the law states that the public can control the meeting, dictate the items discussed, participate in the discussion, or disrupt the proceedings. There is no guaranteed right to a public
hearing on every issue, and no right to require any particular action or
inaction by the commission. The county commission sets its agenda, and the items included are debated and deliberated only by the elected officials serving on the county
commission. A citizen with concerns can contact the commissioners prior
to or after a meeting, and these comments should be acknowledged and responded to as appropriate. But, the citizen has no legal right to shout from the audience at a county commission meeting that the body is not doing what he or she thinks should be done, and no right to demand that the body take up an issue because the citizen thinks they should.
As mentioned above, the Open Meetings Law requires governmental bodies to adopt and follow rules of procedure for their meetings, and counties should have a standard place on the agenda for public comment. This is an excellent opportunity for citizens to speak publicly to the body about issues of concern, but it should be the only opportunity for such comment. The county commission chair should be firm in maintaining control of the meeting and requiring decorum from all those in attendance. This is critical to maintain the professional image of the county commission, show respect for all persons attending the meeting, and to most effectively and efficiently conduct the important work of the body.
I could fill this magazine with a discussion of what the Open Meetings Law requires and the penalties for violation. I could also fill it with suggestions for how to
conduct commission meetings in an orderly and productive manner that best serves both the governing body and citizens of the county. I don’t have that much space for this column so instead, I encourage everyone to take time to study the law and attend every training opportunity on it and other aspects of county commission meetings. And, I encourage each of you to continue calling the ACCA office with questions on proper
application of the law and guidance on running an effective meeting.
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