What is the Open Meetings Act? Maryland’s Open Meetings Act is a “statute that requires many State and local public bodies to hold their meetings in public, to give the public adequate notice of those meetings, and to allow the public to inspect meetings minutes.”
At MACo’s Summer Conference, Frank Johnson, Gaithersburg Deputy City Attorney and April Ishak, Ishak Law Firm detailed the steps that officials can take to comply with the law’s application to Maryland local government.
As jurisdictions have moved to include virtual components as part of their meetings, it is necessary to assure that the public has access. Ms. Ishak shared, “for virtual meetings, you must include information on how to access the meetings, any passcodes to sign in and a call in number for those that are not able to connect online.”
Mr. Johnson discussed the potential of emails and other electronic communications being governed by the Open Meetings Act. If the email or electronic communication “includes any consideration of a public matter, including decisions,
recommendations, requests, and opinions” this is public business and must follow the Open Meetings Act regulations. The following are actions to avoid when using electronic communications:
- “Reply-all” and group circulated email exchanges where there is discussion and deliberation
- Continuous deliberation on a matter that leads to a decision
- Constant messages even if not simultaneous on a specific matter
Additional information on the Open Meetings Act is available at:
Compliance checklist, model closing forms and summary, Compliance Board opinions, and topical index:
Open Meetings Act Frequently asked Questions
Online class: Institute for Governmental Service and Research
Open Meetings Act Manual (12th ed. 2023)
Session Title: Open Meetings Act
Description: This class provides an overview of Maryland’s Open Meetings Act law, which guides public officials in the requirements for providing public notice of the meetings that public bodies hold to conduct public business and for closing meetings when appropriate. The presenters focus on steps that local governments can take to comply with the law’s application to Maryland local government, discuss some of the cases and complaints that have come before the Open Meetings Compliance Board, and, if time permits, address questions from the audience. This is a Core course in the Academy for Excellence in Local Governance program. Any conference attendee is welcome to participate. Academy Fellows must complete an evaluation form to receive credit.
Speakers:
- Frank Johnson, Deputy City Attorney, Gaithersburg
- April Ishak, Principal, Ishak Law Firm
Moderator: The Honorable James “Randy” Guy, President, Commissioners of St. Mary’s County
The session was on August 14 at the Roland Powell Convention Center in Ocean City, Maryland.