3 Common Open Meeting Laws Violations (and How to Avoid Them)

Businesses and government agencies must comply with open meeting laws or face potentially serious consequences, from committing 501c3 violations to facing steep fines. 

Costly Consequences

Noncompliance with open meeting laws can lead to significant legal repercussions. For example, some states enforce civil penalties that may reach as high as $1,000 or more for intentional violations. 

Actions that violate open meeting laws can be declared void or voidable. In such cases, a civil lawsuit may overturn the decisions made. For example, Maryland imposes civil penalties, nullifies unlawful decisions, and allows for the removal of public officials. Some states go further by enforcing criminal sanctions, including misdemeanor charges and potential jail time.

Violations also damage public trust. Communities may lose confidence in their leaders, and the press often intensifies coverage of these breaches. Individuals involved may face lawsuits, and increased scrutiny can follow.

Damaged Reputation

In an age dominated by social media, news about open meeting law violations spreads rapidly. A single incident can trigger widespread negative coverage that reaches audiences far beyond those of traditional print or broadcast media. This public attention puts both individuals and government entities under intense scrutiny.

Stakeholders may also lose faith in their relationships with government representatives. As a result, organizations often face greater public oversight after a violation. In Maryland, for instance, concerned citizens can report violations directly to the Attorney General’s office by filing a complaint with the Open Meetings Compliance Board.

Setbacks in Progress and Decision-Making

At the policymaking level, a violation may result in reducing the time and resources available for duties and responsibilities previously scheduled. Decisions may end up on hold due to such violations, and the organization’s morale may sink even further, affecting the success and continued work of the board.

How to Avoid Common Open Meeting Law Violations

Here are examples of common open meeting law violations:

1. Using email to discuss board issues
2. Holding meetings without proper notice to the public
3. Failing to provide reasonable public access to the meeting

Follow these tips to avoid violating open meeting laws.

Provide an Advanced Notice Leading Up to the Meeting

Open meeting acts require organizations to provide advanced notice of the meeting in a visible location and on the organization’s website. Notice is often required 10 days before the meeting.

The required notice must include details about the meeting and make the agenda public in advance. The board must decide how it will handle last-minute changes between the notice and the meeting in compliance with the law.

Be Cognizant of the Agenda and How to Discuss Information

The board must follow the posted agenda during the meeting to comply with the law and to allow interested parties to provide their input on the issues at hand.

Boards can only hold closed meetings when they plan to discuss sensitive matters, such as personnel issues or legal matters.

Plan for How Minutes and Recordings are Made Public

Meeting minutes and recordings must be posted for the public’s information. The organization will appoint a person to record the minutes and make them publicly available. 

Depending on the open meeting laws in your jurisdiction, you will need to post these materials publicly within a predetermined time frame. 

Ensure Your Board is Educated About Open Meeting Laws

Resources are available to help board members learn about relevant open meeting laws in a particular jurisdiction.

• CAPLAW provides state-by-state comprehensive information on open meeting laws
• CivicPlus provides information on public access, agendas, public notice, etc.

Training new members on open meeting laws should occur when they first join the board.  This can also provide a good opportunity for current members to refresh their understanding of the federal and state rules regarding open meetings, as well as other relevant guidelines like meeting anti-money laundering (AML) compliance.