Education&the Law New Sunshine Law Changes Rules for Meetings By Dorman Walker, Attorney, Balch & Bingham
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very school board member by now knows that Alabama’s new Open Meetings Act (OMA) takes effect on Oct. 1. This article suggests steps school Walker boards may want to consider in order to comply with the OMA and document that compliance. The OMA is a complete revision of Alabama’s outdated Sunshine Act, which allowed executive sessions only to discuss the good name and character of a person or for a board to meet with its attorney about a matter in litigation or likely to be in litigation. The OMA responds to the well-recognized need to have executive sessions in other circumstances and allows them for nine specific reasons, as well as those “otherwise expressly provided by other federal or state statutes.” However, the OMA also imposes many new procedures intended to safeguard the state’s fundamental policy that “the deliberative process of governmental bodies shall be open to the public during meetings.” Here is a summary of the new provisions:
s If a preliminary agenda exists, it must
s Board members could be assessed
be made available in the same manner that notice is given.
financial penalty for voting to conduct and participating in an illegal executive session.
s Notice must be given for all meetings
opinion before a board votes to go into executive session. For example, before the board can meet in executive session with its attorney, the attorney must give an opinion that the purpose of the executive session is consistent with the attorney-client exception.
“as soon as practicable,” but at least seven days, 24 hours, or 1 hour in advance, depending on the circumstances. s Members of the public are entitled to receive direct notice of meetings, upon request. Notice also must be posted on a bulletin board in the central administrative office. 6 Alabama School Boards • August/September 2005
s Meetings of board committees and
subcommittees are covered by the OMA, in addition to board meetings. s Under some circumstances, a quorum
can include persons who are appointed or elected to the board but have not yet taken office. s Meetings may be “openly” recorded or
videotaped by the public. s Meetings generally must be conducted
according to the board’s “adopted rules of parliamentary procedure.” s Minutes must be maintained and made
public “as soon as practicable after approval.”
As noted above, the OMA provides a new immunity for board members — but only if they meet in compliance with the OMA, after giving proper notice, etc. In addition, if a civil action to enforce the OMA is brought against board members, their ability to defend themselves may depend on how thoroughly the board documented, at the time it met, its full compliance with the OMA. So, what should boards do? Let’s start with notice. Boards must post notice of every meeting on a bulletin board in the central administrative office and must provide notice of meetings (and prelimi-
s Board members cannot use electronic
communications to avoid having a meeting, or otherwise to circumvent the OMA. s Voting by secret ballots is not allowed. s Board members must vote on a motion
to go into executive session, and each member’s vote must be recorded in the minutes. s Four exceptions require a compliance
s Board members who act consistent with
the OMA are immune from liability for statements made during the meeting.
Of the nine enumerated reasons for executive session in the OMA, four explicitly require that a compliance opinion (certification) be entered in the minutes. Boards also should document compliance with the other exceptions, even though not required by the OMA.