HB195 Alabama 2015 Session

Summary

Primary Sponsor

Randy Davis

Republican

Session

Regular Session 2015

Title

Alabama Open Meetings Act, prohibit serial meetings, to clarify Open Meetings Act applies to meeting of the Legislature, committees, or subcommittees of governmental bodies, penalties, Secs. 36-25A-1, 36-25A-2, 36-25A-3, 36-25A-9 am'd.

Description

Under existing law, the Open Meetings Act of 2005 specifically applies to quorums of committees and subcommittees of governmental bodies. In 2012, the Alabama Supreme Court, in a 5-4 decision, ruled that the Open Meetings Act did not apply to a series of committee or subcommittee gatherings at which discussions were conducted on matters that would later come before the full governmental body.

In 2013, the Alabama Supreme Court ruled, in a 5-3 decision, that citizens do not have standing to bring suits under the Open Meetings Act if the civil penalty is paid to the state and there is no allegation of a likelihood of future violations.

Also in 2013, the Alabama Supreme Court stated that there is no requirement that the Alabama Legislature hold open meetings.

This bill would define and prohibit serial meetings.

This bill would further define deliberation, governmental body, and meeting to apply to the exchange of information or ideas among a quorum of members of a committee, subcommittee, or full governmental body intended to arrive at or influence a decision as to how any members of the governmental body should vote on a specific matter that, at the time of the exchange, the participating members expect to come before the committee, subcommittee, or full governmental body immediately following the discussion or at a later time.

This bill would clarify that the Alabama Legislature is solely governed by the Alabama Constitution which establishes that the doors of each house of the Alabama Legislature shall be open to the public except when secrecy is required under the circumstances and that no other provision of this act applies to the Alabama Legislature.

This bill would reaffirm that private citizens may bring civil actions under the Open Meetings Act.

This bill would provide that the prevailing plaintiff shall receive any civil penalties awarded against the defendants.

This bill would set a minimum penalty for a violation of the Open Meetings Act at $1.

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Subjects

Open Meetings