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WYOMING OPEN MEETINGS LAW

            Bill Taylor
    Northeast Area Community
  Development Extension Educator
PURPOSE

“The agencies of Wyoming exist to conduct
public business. Certain deliberations and
actions shall be taken openly as provided in
this act.” – Wyo. Stat. 16-4-401
• Government business, funded by the
  public, must be open to the public
• Business cannot be hidden to avoid
  embarrassment or hurt feelings, or save
  money
          2
WHO?

• All agencies and divisions of the state,
  counties, municipalities or other political
  subdivisions (except state legislature &
  judiciary)
• Any sub-agency of a governmental body,
  i.e.:
  – Boards
  – Commissions
  – Elected or appointed districts

           3
NONPROFITS/PRIVATE
         ORGANIZATIONS?
• If receiving public funds or conducting
  work of a public agency, the law may likely
  apply
  – The public has a right to know what is being
    done with their money and how their business
    is being conducted
  – Always err on the side of transparency when
    in doubt


          4
WHICH MEETINGS?

“All meetings of the governing body of an
agency are public meetings, open to the
public at all times, except as otherwise
provided. No action…shall be taken except
during a public meeting…Action taken at a
meeting not in conformity with this act is null
and void…” – Wyo. Stat. 16-4-403


           5
WHAT IS A MEETING?

An assembly of at least a quorum called by proper
authority for the purpose of discussion, deliberation,
presentation of information or taking action regarding
public business. – Wy AG 2005 Summary
• Formal meetings
• Informal conferences
• Retreats
• Work sessions
• Presentations
• Informational gatherings
            6
MAJORITY OF BOARD RIDES
      TOGETHER TO A CONFERENCE
        AND DISCUSSES PENDING
               BUSINESS.

50%    1. Legal
50%    2. Illegal
TWO MEMBERS OF 5 MEMBER
 BOARD ARE DRINKING COFFEE IN A
  PUBLIC PLACE AND DISCUSSING
    BOARD BUSINESS. A THIRD
  MEMBER HAPPENS BY AND JOINS
        THE DISCUSSION.
50%   1. Legal
50%   2. Illegal
• Legal, as long as no action was taken
• As soon as a decision is made, action has
  been taken, which must happen at a
  public meeting.
• However, most county attorneys advise
  against discussing business in informal
  settings to avoid the appearance of
  illegality.



          9
ELECTRONIC MEETINGS

Telephone and online Internet discussions
constitute a meeting if a quorum is present




          10
COMPONENTS OF A MEETING

• Called by proper authority
  – Board chair, executive committee, mayor, etc.
• For proper purpose
  – Discussion, deliberation, presentation of
    information, or taking action regarding public
    business
• Quorum
  – Number of members required in bylaws or by
    statute to conduct business

           11
ACTION

• Transaction of official business of
  governing body, including a collective
  decision, a collective commitment or
  promise, or an actual vote upon a motion,
  resolution, rule, order or ordinance.
• Actions may only be taken in a public
  meeting


          12
PUBLIC DISRUPTION

• Those creating disruption which makes it
  unfeasible to conduct meeting may be
  ordered removed.
  – If will not leave, call law enforcement and
    recess
• Or meeting may be recessed and
  reconvened in a different location.
• Members of the press cannot be excluded
  unless they are part of the disruption.
           13
NOTICE
• Regular public meetings are to be
  established and held on that schedule
• Notice of all meetings must be given to any
  person or media outlet who requests it
• No specific form is required, but notice must
  include name of agency, date, time, place,
  general or specific purpose
• Although published notice is not specified by
  law, a published notice providing the regular
  meeting time and place is recommended
           14
SPECIAL MEETINGS
• Any meeting not regularly scheduled
• May be called by presiding officer by giving
  notice to members and each media outlet
  requesting notices
• Notice must specify time, place, and business
  to be covered
  – No minimum time is specified, but the notice
    should be at least 24 hours prior
• Only that business specified in the notice
  may be addressed
           15
EMERGENCY MEETINGS

• Matters of serious immediate concern
• All reasonable efforts to provide public
  notice
• All actions taken at emergency meeting
  are temporary and must be ratified at a
  public meeting within 48 hours



          16
OUR BOARD USES EXECUTIVE
          SESSIONS.


1. Yes
2. No



                         0%   0%

                     s




                              No
                  Ye
EXECUTIVE SESSIONS

• Only allowed for specific purposes listed in
  the statute
  – With counsel and law enforcement concerning
    a threat to security
  – Employment, appointment, dismissal, or
    charges against an employee
     • The employee may request a public hearing
  – Litigation
  – National security
           18
– A licensing agency when administering
  examinations
– Considering parole or release of prisoners
– Considering real estate when publicity would
  increase the price
– Consider donations the donor wishes
  confidential
– Consider information classified confidential by
  law
– Employment negotiations
– Disciplinary action of students


         19
• Motion must be made and passed by
  board to enter into executive session
  – Motion should state statutory reason
• Only discussion or information gathering is
  allowed – no action can be taken except
  in the public meeting
• Minutes must be taken citing reason for
  session and general discussion topics
  – Minutes are to be kept confidential & separate
    from regular minutes


           20
• Any action must be made by motion in the
  public meeting after the board returns from
  the executive session
• Any member objecting to legality of
  executive session must be entered into
  meeting minutes




          21
OUR BOARD IS FOLLOWING
   PROPER EXECUTIVE SESSION
         PROCEDURE.

1. True
2. False



                         0%   0%




                                se
                    ue




                                 l
                  Tr




                              Fa
MINUTES


• Minutes are required of all meetings, even
  if no action is taken
• Minutes must be available for public
  examination
  – A typical charge can be made to provide
    copies



          23
VIOLATIONS

• ALL actions taken during meeting in
  violation of Open Meetings Act are null
  and void
  – Contracts, employment decisions, budgets
• Anyone attending who did not have their
  objection recorded, or does not object at
  the next public meeting, is guilty of a
  misdemeanor
  – Possible fine up to $750

           24
REFERENCES

• Wyoming State Statutes – Title 16, Chapter 4,
  Article 4; 16-4-401 to 16-4-408
• Open Public Meetings: A Guide to Public
  Accountability for School Board Members and
  Superintendents, Wyoming School Boards
  Association, September 2006
• The Open Meetings Act: A Summary, Wyoming
  Office of the Attorney General, July 1, 2005
• Wyoming Open Meetings Law: A Handbook for
  Municipal Elected Officials, Wyoming Association
  of Municipalities, 2010
            25

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Wyoming Open Meetings Law

  • 1. WYOMING OPEN MEETINGS LAW Bill Taylor Northeast Area Community Development Extension Educator
  • 2. PURPOSE “The agencies of Wyoming exist to conduct public business. Certain deliberations and actions shall be taken openly as provided in this act.” – Wyo. Stat. 16-4-401 • Government business, funded by the public, must be open to the public • Business cannot be hidden to avoid embarrassment or hurt feelings, or save money 2
  • 3. WHO? • All agencies and divisions of the state, counties, municipalities or other political subdivisions (except state legislature & judiciary) • Any sub-agency of a governmental body, i.e.: – Boards – Commissions – Elected or appointed districts 3
  • 4. NONPROFITS/PRIVATE ORGANIZATIONS? • If receiving public funds or conducting work of a public agency, the law may likely apply – The public has a right to know what is being done with their money and how their business is being conducted – Always err on the side of transparency when in doubt 4
  • 5. WHICH MEETINGS? “All meetings of the governing body of an agency are public meetings, open to the public at all times, except as otherwise provided. No action…shall be taken except during a public meeting…Action taken at a meeting not in conformity with this act is null and void…” – Wyo. Stat. 16-4-403 5
  • 6. WHAT IS A MEETING? An assembly of at least a quorum called by proper authority for the purpose of discussion, deliberation, presentation of information or taking action regarding public business. – Wy AG 2005 Summary • Formal meetings • Informal conferences • Retreats • Work sessions • Presentations • Informational gatherings 6
  • 7. MAJORITY OF BOARD RIDES TOGETHER TO A CONFERENCE AND DISCUSSES PENDING BUSINESS. 50% 1. Legal 50% 2. Illegal
  • 8. TWO MEMBERS OF 5 MEMBER BOARD ARE DRINKING COFFEE IN A PUBLIC PLACE AND DISCUSSING BOARD BUSINESS. A THIRD MEMBER HAPPENS BY AND JOINS THE DISCUSSION. 50% 1. Legal 50% 2. Illegal
  • 9. • Legal, as long as no action was taken • As soon as a decision is made, action has been taken, which must happen at a public meeting. • However, most county attorneys advise against discussing business in informal settings to avoid the appearance of illegality. 9
  • 10. ELECTRONIC MEETINGS Telephone and online Internet discussions constitute a meeting if a quorum is present 10
  • 11. COMPONENTS OF A MEETING • Called by proper authority – Board chair, executive committee, mayor, etc. • For proper purpose – Discussion, deliberation, presentation of information, or taking action regarding public business • Quorum – Number of members required in bylaws or by statute to conduct business 11
  • 12. ACTION • Transaction of official business of governing body, including a collective decision, a collective commitment or promise, or an actual vote upon a motion, resolution, rule, order or ordinance. • Actions may only be taken in a public meeting 12
  • 13. PUBLIC DISRUPTION • Those creating disruption which makes it unfeasible to conduct meeting may be ordered removed. – If will not leave, call law enforcement and recess • Or meeting may be recessed and reconvened in a different location. • Members of the press cannot be excluded unless they are part of the disruption. 13
  • 14. NOTICE • Regular public meetings are to be established and held on that schedule • Notice of all meetings must be given to any person or media outlet who requests it • No specific form is required, but notice must include name of agency, date, time, place, general or specific purpose • Although published notice is not specified by law, a published notice providing the regular meeting time and place is recommended 14
  • 15. SPECIAL MEETINGS • Any meeting not regularly scheduled • May be called by presiding officer by giving notice to members and each media outlet requesting notices • Notice must specify time, place, and business to be covered – No minimum time is specified, but the notice should be at least 24 hours prior • Only that business specified in the notice may be addressed 15
  • 16. EMERGENCY MEETINGS • Matters of serious immediate concern • All reasonable efforts to provide public notice • All actions taken at emergency meeting are temporary and must be ratified at a public meeting within 48 hours 16
  • 17. OUR BOARD USES EXECUTIVE SESSIONS. 1. Yes 2. No 0% 0% s No Ye
  • 18. EXECUTIVE SESSIONS • Only allowed for specific purposes listed in the statute – With counsel and law enforcement concerning a threat to security – Employment, appointment, dismissal, or charges against an employee • The employee may request a public hearing – Litigation – National security 18
  • 19. – A licensing agency when administering examinations – Considering parole or release of prisoners – Considering real estate when publicity would increase the price – Consider donations the donor wishes confidential – Consider information classified confidential by law – Employment negotiations – Disciplinary action of students 19
  • 20. • Motion must be made and passed by board to enter into executive session – Motion should state statutory reason • Only discussion or information gathering is allowed – no action can be taken except in the public meeting • Minutes must be taken citing reason for session and general discussion topics – Minutes are to be kept confidential & separate from regular minutes 20
  • 21. • Any action must be made by motion in the public meeting after the board returns from the executive session • Any member objecting to legality of executive session must be entered into meeting minutes 21
  • 22. OUR BOARD IS FOLLOWING PROPER EXECUTIVE SESSION PROCEDURE. 1. True 2. False 0% 0% se ue l Tr Fa
  • 23. MINUTES • Minutes are required of all meetings, even if no action is taken • Minutes must be available for public examination – A typical charge can be made to provide copies 23
  • 24. VIOLATIONS • ALL actions taken during meeting in violation of Open Meetings Act are null and void – Contracts, employment decisions, budgets • Anyone attending who did not have their objection recorded, or does not object at the next public meeting, is guilty of a misdemeanor – Possible fine up to $750 24
  • 25. REFERENCES • Wyoming State Statutes – Title 16, Chapter 4, Article 4; 16-4-401 to 16-4-408 • Open Public Meetings: A Guide to Public Accountability for School Board Members and Superintendents, Wyoming School Boards Association, September 2006 • The Open Meetings Act: A Summary, Wyoming Office of the Attorney General, July 1, 2005 • Wyoming Open Meetings Law: A Handbook for Municipal Elected Officials, Wyoming Association of Municipalities, 2010 25