Open Meeting “Sunshine” Blinds Politicos Far & Wide

Old Habits, Ignorance, & Arrogance Proving Hard to Shed

The Judicial Branch really gets the concept of transparency.  Although there are occasional missteps, overwhelmingly the Courts understand how all this Open Meeting & Sunshine stuff really needs to work.  For example, when the Supreme Court has a closed-door, Justices-only conferenceto discuss the future of healthcare, the secrecy of those discussions is universally viewed as appropriate because the Court’s job at that point is, well, to do their job & make a decision.  

Leading up to that closed meeting, however, everything the Justices see & hear regarding the case is publically open and recorded.  Did Ginsburg and Scalia chat about the case at the Christmas party?  Did Sotomayor have lunch with a healthcare CEO?  Did Roberts and Kennedy argue about the healthcare mandate during a round of golf?  Of course not…because the Judicial Branch understands transparency.  Evidence & third party input need to occur in the open and be recorded and reviewable.

So why is implementing the Open Meeting concept such a challenge everywhere else in government?  This is probably a more complicated question than I’m making it out to be, but results from a little research on the topic reveal some interesting patterns.

To begin, this isn’t an isolated problem.   Violations of Open Meeting laws appear to be occurring pretty much everywhere such laws exist and at essentially every level of government covered by the laws.  In just two Google Alerts days, stories about Schools Boards, Planning Boards, Public Safety Committees, Boards of Education, City Councils, City Managers, and State Governors popped up in locations as diverse as Kansas, Illinois,  Massachusetts, South Dakota, and Michigan.

It also needs to be noted that the thirst for transparency in government isn’t going away any time soon.  For opponents of Sunshine Laws all I can say is “Good Luck” if you try to erode the scope of these statutes.  While it’s fair to say that these laws add a new burden onto government operations, it’s also pretty clear that the Public’s right to know, participation by the Electorate, and honesty in government are issues that will trump operating efficiency every time.

So if these laws are increasingly applied to all levels of government, and are here to stay, what’s the deal with all the violations?  Three factors seem to at work. 

• First, there are entrenched habits and “we’ve always done it that way” attitudes.  In other words, it’s human nature to resist change. 
• Second, there is simple ignorance about what some of the Open Meeting laws require in terms of transparency. 
• And finally, of course, there is arrogance in the form of “I don’t want to do this so I’m not going to”.

A good example of how a mixture of old habits, ignorance, and arrogance can lead to violations of an Open Meeting statute recently surfaced in Kansas.  The Governor, Sam Brownback, hosted a series of dinners with state legislators to discuss future legislation.  At the time such get-togethers were viewed as standard operation procedure (Old Habits) and nobody gave the Open Meeting law a second thought (Ignorance).  When questions started to arise, the initial response was that the dinners weren’t covered by the law (Arrogance) which was eventually followed by an admission that it was all just a mistake.

When the Miranda Rule against self-incrimination was first introduced in 1966, many problems now facing  Open Meeting laws arose.  Law Enforcement viewed Miranda as a burden and technicality, and implementation ran into Old Habits, Ignorance, and Arrogance.  After more than forty years, however, Miranda remains in place and is generally viewed as an important pillar in our justice system. 

Similarly, despite the current “start-up” problems it’s reasonable to foresee Open Meeting laws gaining the grudging acceptance of government officials and eventually becoming an important element in how we govern ourselves. 

About the Author:  Elizabeth Tice heads up Office Solutions Plus LLC,  where we understand how to record and transcribe meeting minutes according to the Open Meeting Laws.  While we cannot control implementation of the rules in cities and towns, we can control quality output in the form of accurately summarized meeting minutes and all documentation attached to the agenda as part of our Open Meeting Law offering.  617-471-3510.  Try us out!

 

Background on the MA Open Meeting Law

The Massachusettts Open Meeting Law was initially adopted into the local government in 1975.  This meant public officials lost all rights to make decisions regarding public agenda privately.  However, this law spent years being unenforced or misconstrued.  Sometimes, government officials would discuss public information in cafes or over the phone, without a public presence.

Ever since the responsibility of the Open Meeting Law has changed hands to the Attorney General’s Office in 2010, the enforcement of this law has progressed.  Martha Coakley, the Attorney General, enforced this law by providing better guidelines and issuing informational documents.  Many local officials have been improving their meeting minutes, posting detailed agendas, and making other minutes more exact.  However, there are still some local government officials who have trouble with the Massachusetts Open Meeting Law, as there have been a fair amount of violations.

To help local governments with the specific details of this law, it is best for public officials to outsource their meeting minutes and agendas to Office Solutions Plus LLC.  The Office Solutions Plus LLC business specializes in meeting minutes according to the rules and regulations of the Massachusetts Open Meeting Law.

Reference

“OPINION: Open Meeting Law Is Not a Gag Order.” http://www.enterprisenews.com. 1 Mar. 2012. Web. 14 Mar. 2012. <http://www.enterprisenews.com/opinions/editorials/x1170540392/OPINION-Open-Meeting-Law-is-not-a-gag-order&gt;.

Complaint of Open Meeting Law Violation

Rehoboth Financial Committee Resolves Meeting Minutes After Christopher Morra Reports Complaint

FinCom member Christopher Morra filed a complaint against the Rehoboth Financial Committee for not including his testimony and motion in the meeting minutes.  This complaint was filed on December 14th citing that the minutes taken on October 13th violate the Open Meeting Law.  An entire discussion on Article 19, street acceptance on Franlee Drive, was completely absent. 

This issue began because Morra’s motion was ruled out of order by the chairwoman and was not recognized as a conducted motion.  Christopher Morra claimed that, because he motioned to recommend Article 19, it should be visible in the meeting minutes. 

“My point is, this is the law. It needs to be included,” Morra stated. “…These minutes are supposed to be so anybody from the public can go to the clerk’s office and see what was discussed at the meeting.”

To conclude, the Finance Committee did vote on this issue and a 5-1 vote called for amending the meeting minutes.

 

Reference

Nichols, Christopher. “Rehoboth Financial Committee Amends Minutes after Morra Files Open Meeting Law Complaint.” http://www.tauntongazette.com. 06 Feb. 2012. Web. 05 Mar. 2012. <http://www.tauntongazette.com/news/x1200259868/Rehoboth-Financial-Committee-amends-minutes-after-Morra-files-Open-Meeting-Law-complaint&gt;.

New Resolution to Open Meeting Law Faces Opposition

In Tennessee, a resolution to the open meeting law is having some opposition.  This resistance was started by a member of the Tennessee County Commissioners Association.  This new resolution to the open meeting law will make it impossible for both the general public and the media to attend certain meetings of the local government.

The man in charge of this move is Bob Barnwell, Williamson county commissioner.  At first, there was unanimous agreement favoring the law’s resolution, as all twenty-two Williamson county commissioners supported the bill this past October.  Now there is conflict regarding this bill as two counties have overthrown the resolution.

The Tennessee Municipal League is not currently involved in this dispute over the open meeting law.  The bill allows for members of the local governments to discuss information in private if a quorum is absent.  This law will allow any number of elected officials (as low as 2!) to meet together and make decisions that affect the general public without calling a real meeting.  The citizens of these counties would not be given the appropriate notice when town affairs are being decided.  This issue has not yet been brought to the attention of the White County Board of Commissioners.

OS+ LLC takes care of meeting minutes according to the Open Meeting Law requirements.  Office Solutions Plus LLC works with government agencies, cities and towns to help with office projects.  Public meetings often have plenty of meeting minutes that need to be either summarized or transcribed word-for-word.  OS Plus LLC handles such meeting minute projects.  If you need anyone to work on projects relating to meeting minutes, transcription, or depositions, please e-mail LizTice@OfficeSolutionsPlusLLC.com.

Reference

Wood, Kim Swindell. “Archives News ‘Open Meetings’ Law Could Face Challenges.” The Expositor -SpartaTennessee. 1 Dec. 2011. Web. 16 Dec. 2011. <http://spartaexpositor.com/articles/2011/12/01/news/doc4ed78f059f2d1437121815.txt&gt;.

Massachusetts Open Meeting Law

Not long ago, a new section to the Massachusetts Open Meeting Law was added.  Beforehand, a lot of town business was taken care of without as much input from the citizens of the town.  There wasn’t much announcement on the specifics of each town meeting and citizens did not know what would be discussed at each meeting.  Attorney General Martha Coakley changed this.

Coakley enforced a new provision throughout the state.  All public business must now be communicated through specific channels to the general public.  However, some information such as distribution of reports or documents will not be provided.  The way these announcements are made is either posted through hard copy or through electronic format. 

Democracy depends on the open communication between the government and the people.  Citizens have the right to knowledge of specific governmental actions.  This law focuses on having most government meetings open to the general public.  There are some exceptions to keep government workers from having every single discussion open to comments from the public.  Any document handled at each meeting has to be filed with a folder of information on that meeting.  Any letters, requests, proposals, or files must be available for the public to see.  Overall, this law has provided a great channel of communication between citizens and the government.

Office Solutions Plus LLC takes part in helping government agencies, towns, and cities with such public meetings.  OS+ handles meeting minutes within the government sector.  We also take part in summarizing what has happened during a meeting.  These summaries are put up in town for every citizen to see what has happened at the last meeting.  In this way, OS+ takes part in facilitating communications between the government and the people. 

OS+ satisfy all of the Open Meeting Law requirements and handle meeting recording and transcribing.  OS+ handles meeting minutes for cities, towns, committees, and even corporate meetings.  As mentioned, OS+ handles either verbatim or summarized transcription.  So Office Solutions Plus does handle word-for-word transcripts!  OS+ also scans meeting documents electronically for your record and can create an electronic copy of your meeting.  To find out more, please email LizTice@OfficeSolutionsPlusLLC.com or leave a comment!

To learn more about the Open Meeting Law, take a look at this video:

New Open Meeting Law Makes an Impact

The digital age is making a very strong impact in our local governments!  A new Open Meeting Law has taken hold.  This law allows people to attend these meeting via video-conferencing or by telephone, if this was previously approved.

The Attorney General worked on draft regulations and released the final edition recently.  Remote participation in open meetings can be allowed by a Chief Executive Officer.  Persons qualified as such include the town mayor or a board of selectmen unless otherwise selected by an act or contract. 

This new law is so vital and helpful to this country’s citizens.  Imagine a person who must attend a meeting but has recently broken their leg or gotten seriously ill.  Imagine a parent who needs to stay home to take care of their child that has just gotten back from the hospital.  Imagine an employee who must travel frequently across the globe and cannot make it back in time for an important meeting.  Acceptable reasons for using remote participation include ill health, disability, any sort of emergency, military service, or a different geographic location.

The type of medium allowed includes telephone, satellite, or internet access to audio or video seminars. If audio or video is used, everyone in attendance must be able to hear the person in remote attendance.  If video is used, every person in the room must be able to see the person participating remotely.  All votes, including the remote participants’, must be taken and recorded in the meeting minutes.  A person who will be participating remotely cannot be marked absent from the meeting.

The participant who cannot attend a meeting in person must give the chair notice of their remote participation as early as possible.  The chairman must announce before the meeting who will be participating remotely and for what reason.  If technical issues arise during the meeting, it is recommended to postpone the meeting until the digital connection is restored.  If the remote participant missed part of the meeting, the meeting minutes must reflect this.

Office Solutions Plus LLC focuses on documenting meeting minutes including recording virtual meetings.  This company has taken part in the digital age by using novel technology to ameliorate the lives of hardworking professionals.  Office Solution Plus LLC is able to record meetings electronically, by audio, and by transcription.  The types of meetings handled vary across a wide spectrum from business meetings, city/town meetings, to court reporting. 

Clearly using new technology will improve our society and connect people across the globe.