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HOW NOT TO BREAK THE LAW
TO PUBLIC OFFICIALS: If you get hit with a fine for violating the Open Meetings Act, you have to pay it. Not the public body you work for. YOU.
One thing can prevent a lot of OMA problems ...
Stop and check before hitting “reply all”
If a quorum is on the message and If someone hits “reply all,” now it’s a meeting. Stop the conversation.
Calling a committee formed by a public body “advisory” does not make it so.
It's not a working group if it:
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Decides what moves forward and what does not
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Screens or filters items before the full body sees them
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Gives direction that others are expected to follow
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Exercises authority without meaningful review by the full body
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Handles matters the full body does not see or vote on
The public gets suspicious when they see members of a public body together outside a public meeting. They will report it.
A quorum can be at events together, but they can’t discuss public business.
Our suggestion: Minimize the appearance of impropriety. If a quorum will be together outside a public meeting, do a quorum notice. EXAMPLE
Staff can't act as an intermediary as a way to avoid a roliing quorum
Example: Staff meets with board members individually and asks:
“How do you feel about this proposal?”
Staff then reports the positions to the rest of the board.
Again, no quorum meeting — but the decision has already been shaped privately.
Communications outside a public meeting between members of a public body that the law allows
OMA does allow some communications.
Board members can:
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receive information from staff
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ask factual questions
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attend conferences or trainings
Beware of emojis and short responses like “OK”
🙅♂️👍🫡🦹👎😊💗
They can count as participation in a conversation between board members.
Example in text message:
Member 1: “We should approve the contract tonight.”
Member 2: 👍
Member 3: “Sure”
Now 3 members of a 5-member public body have expressed positions.
If the agenda was posted late, the meeting is invalid.
You can be at the meeting, but don’t participate and state why you aren’t participating.
Remember: You get in trouble if you are part of an illegal meeting
It’s never a secret.
Always assume someone will turn you in.
Text and email violations don’t go unnoticed.
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Someone will screenshot the messages
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Someone will get the messages as part of an IPRA request
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A participant will report the conversation
That evidence gets sent to us. This actually happens more than you might think.