SB21 Alabama 2015 Session

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

Relating to the Open Meetings Act of 2005; to amend Sections 36-25A-1, 36-25A-2, 36-25A-3, and 36-25A-9, Code of Alabama 1975, to define and prohibit serial meetings; to 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; to 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 chapter applies to the Alabama Legislature; to reaffirm that private citizens may bring civil actions under the Open Meetings Act; to provide that the prevailing plaintiff shall receive any civil penalties awarded against the defendants; and to set a minimum penalty for a violation of the Open Meetings Act at $1.