General Provisions (GGP) — Title 3. Open Meetings Act

“Administrative function” means the administration of:

“Administrative function” does not include:

law;

the Governor or an official who is subject to the policy direction of the Governor;

the chief executive officer of a political subdivision of the State or an official who is subject to the policy direction of the chief executive officer; or

formal action by or for a public body that exercises an administrative function, judicial function, legislative function, quasi–judicial function, or quasi–legislative function.

an online class on the requirements of the open meetings law offered by the Office of the Attorney General and the University of Maryland’s Institute for Governmental Service and Research;

a class on the requirements of the open meetings law offered by the Maryland Association of Counties or the Maryland Municipal League through the Academy for Excellence in Local Governance; or

a class on the requirements of the open meetings law offered by the Maryland Association of Boards of Education through the Boardsmanship Academy Program.

“Judicial function” means the exercise of any power of the Judicial Branch of the State government.

“Judicial function” includes the exercise of:

“Judicial function” does not include the exercise of rulemaking power by a court.

approving, disapproving, enacting, amending, or repealing a law or other measure to set public policy;

approving or disapproving an appointment;

proposing or ratifying a constitution or constitutional amendment; or

proposing or ratifying a charter or charter amendment.

“Public body” means an entity that:

“Public body” includes:

“Public body” does not include:

a contested case to which Title 10, Subtitle 2 of the State Government Article applies;

a proceeding before an administrative agency for which Title 7, Chapter 200 of the Maryland Rules would govern judicial review; or

a complaint by the Board in accordance with this title.

adopting, disapproving, amending, or repealing a rule, regulation, or bylaw that has the force of law, including a rule of a court;

approving, disapproving, or amending a budget; or

approving, disapproving, or amending a contract.

a majority of the members of a public body; or

the number of members that the law requires.

public business be conducted openly and publicly; and

the public be allowed to observe:

The ability of the public, its representatives, and the media to attend, report on, and broadcast meetings of public bodies and to witness the phases of the deliberation, policy formation, and decision making of public bodies ensures the accountability of government to the citizens of the State.

The conduct of public business in open meetings increases the faith of the public in government and enhances the effectiveness of the public in fulfilling its role in a democratic society.

a public body when it is carrying out:

a chance encounter, a social gathering, or any other occasion that is not intended to circumvent this title.

granting a license or permit; or

a special exception, variance, conditional use, or zoning classification, the enforcement of any zoning law or regulation, or any other zoning matter.

The Board consists of three members.

At least one of the members shall be an attorney admitted to the Maryland Bar.

The Governor shall appoint the members with the advice and consent of the Senate.

The term of a member is 3 years.

The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2014.

At the end of a term, a member continues to serve until a successor is appointed.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.

A member may not serve for more than two consecutive 3–year terms.

may not receive compensation as a member of the Board; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

receive, review, and, subject to § 3–207 of this subtitle, resolve complaints from any person alleging a violation of this title; and

issue a written opinion as to whether a violation has occurred.

study ongoing compliance with this title by public bodies; and

make recommendations to the General Assembly for improvements in this title.

public bodies;

the Maryland Municipal League;

the Maryland Association of Counties; and

the Maryland Association of Boards of Education.

On or before October 1 of each year, the Board shall submit an annual report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.

The report shall:

identify the public body that is the subject of the complaint;

describe the action of the public body, the date of the action, and the circumstances of the action; and

be signed by the complainant.

send the complaint to the public body identified in the complaint; and

request that a response to the complaint be sent to the Board.

The public body shall file a written response to the complaint within 30 days after it receives the complaint.

On request of the Board, the public body shall include with its written response to the complaint a copy of:

The Board shall maintain the confidentiality of the minutes and any recording submitted by a public body that are sealed in accordance with § 3–306(c)(3)(ii) of this title.

If the public body identified in the complaint no longer exists, the Board promptly shall send the complaint to the official or entity that appointed the public body.

The official or entity that appointed the public body shall comply, to the extent feasible, with the requirements of subsection (b) of this section.

The Board shall review the complaint and any response.

If the information in the complaint and response is sufficient for making a determination, within 30 days after receiving the response the Board shall issue a written opinion as to whether a violation of this title has occurred or will occur.

If the Board is unable to reach a determination based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant, the public body, or any other person with relevant information about the subject of the complaint.

An informal conference scheduled by the Board is not a contested case within the meaning of § 10–202(d) of the State Government Article.

The Board shall issue a written opinion within 30 days after the informal conference.

If the Board is unable to render an opinion on a complaint within the time periods specified in subsection (a) or (b) of this section, the Board shall:

An opinion of the Board may state that the Board is unable to resolve the complaint.

in the Judicial Branch of State government; or

subject to governance by rules adopted by the Supreme Court of Maryland.

at the next open meeting of the public body after the Board has issued its opinion, a member of the public body shall announce the violation and orally summarize the opinion; and

a majority of the members of the public body shall sign a copy of the opinion and return the signed copy to the Board.

is not an admission to a violation of this title by the public body; and

may not be used as evidence in a proceeding conducted in accordance with § 3–401 of this title.

in the Judicial Branch of State government; or

subject to governance by rules adopted by the Supreme Court of Maryland.

This subsection applies only to a public body that meets in a closed session on or after October 1, 2017.

A public body may not meet in a closed session unless the public body has designated at least one member of the public body to receive training on the requirements of the open meetings law.

be in writing;

include the date, time, and place of the session; and

if appropriate, include a statement that a part or all of a meeting may be conducted in closed session.

if the public body is a unit of State government, by publication in the Maryland Register;

by delivery to representatives of the news media who regularly report on sessions of the public body or the activities of the government of which the public body is a part;

if the public body previously has given public notice that this method will be used:

by any other reasonable method.

Subject to subsection (b) of this section, before meeting in an open session, a public body shall make available to the public an agenda:

If an agenda has been determined at the time the public body gives notice of the meeting under § 3–302 of this subtitle, the public body shall make available the agenda at the same time the public body gives notice of the meeting.

If an agenda has not been determined at the time the public body gives notice of the meeting, the public body shall make available the agenda as soon as practicable after the agenda has been determined but no later than 24 hours before the meeting.

A public body required to make available an agenda under subsection (a) of this section may make available the agenda using a method authorized for giving notice under § 3–302(c) of this subtitle.

The method a public body uses for making available an agenda may be different from the method a public body uses for giving notice.

If the presiding officer determines that the behavior of an individual is disrupting an open session, the public body may have the individual removed.

Unless the public body or its members or agents act maliciously, the public body, members, and agents are not liable for having an individual removed under this subsection.

discuss:

protect the privacy or reputation of an individual with respect to a matter that is not related to public business;

consider the acquisition of real property for a public purpose and matters directly related to the acquisition;

consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State;

consider the investment of public funds;

consider the marketing of public securities;

consult with counsel to obtain legal advice;

consult with staff, consultants, or other individuals about pending or potential litigation;

conduct collective bargaining negotiations or consider matters that relate to the negotiations;

discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including:

prepare, administer, or grade a scholastic, licensing, or qualifying examination;

conduct or discuss an investigative proceeding on actual or possible criminal conduct;

comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter;

discuss, before a contract is awarded or bids are opened, a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; or

discuss cybersecurity, if the public body determines that public discussion would constitute a risk to:

Unless a majority of the members of a public body present and voting vote in favor of closing the session, the public body may not meet in closed session.

Before a public body meets in closed session, the presiding officer shall:

If a person objects to the closing of a session, the public body shall send a copy of the written statement to the Board.

The written statement shall be a matter of public record.

A public body shall keep a copy of the written statement for at least 3 years after the date of the session.

To the extent practicable, a public body shall post online the written statement required to be kept under paragraph (5) of this subsection.

require any change in the form or content of the Journal of the Senate of Maryland or Journal of the House of Delegates of Maryland; or

limit the matters that a public body may include in its minutes.

Subject to paragraphs (2) and (3) of this subsection, as soon as practicable after a public body meets, it shall have minutes of its session prepared.

A public body need not prepare minutes of an open session if:

The information specified under paragraph (2) of this subsection shall be deemed the minutes of the open session.

The minutes shall reflect:

If a public body meets in closed session, the minutes for its next open session shall include:

The minutes and any recording shall be unsealed and open to inspection as follows:

A public body shall keep a copy of the minutes of each session and any recording made under subsection (b)(2)(i) or (c)(3)(i) of this section for at least 5 years after the date of the session.

To the extent practicable, a public body shall post online the minutes or recordings required to be kept under paragraph (1) of this subsection.

the Board of Directors of the Bainbridge Development Corporation;

the Canal Place Preservation and Development Authority;

the Maryland 9–1–1 Board;

the Board of Directors of the Maryland Agricultural and Resource–Based Industry Corporation;

the Board of Directors of the Maryland Clean Energy Center;

the Board of Directors of the Maryland Economic Development Corporation;

the Board of Directors of the Maryland Environmental Service;

the Maryland Food Center Authority;

the Maryland Health and Higher Educational Facilities Authority;

the Maryland Industrial Development Financing Authority;

the Maryland Stadium Authority;

the Maryland Transportation Authority;

the Northeast Maryland Waste Disposal Authority;

the Public Service Commission;

the State Board of Elections;

the Maryland Technology Development Corporation;

the Historic St. Mary’s City Commission;

the State Ethics Commission;

the Maryland Aviation Commission; and

the Maryland Department of Transportation, with respect to quarterly public meetings held by the Vision Zero coordinator on the implementation of Vision Zero under § 8–1004 of the Transportation Article.

each open meeting agenda, together with a summary of any finalized documents, written testimony from the public, and other materials that the public body will vote on at the open meeting:

meeting minutes from the portions of a meeting that were held in open session, not more than 2 business days after the minutes are approved; and

subject to subsections (f) and (g) of this section, live video streaming of each portion of a meeting that is held in open session.

whether the public body intends to adjourn the open session to a closed session; and

if applicable, the expected time at which the public body intends to adjourn the open session to a closed session.

The public body shall approve meeting minutes in a timely manner.

Each open meeting agenda shall include consideration of the meeting minutes from the most recent meeting.

The requirement under paragraph (2) of this subsection does not apply to the agenda of an emergency meeting of a public body if consideration of the meeting minutes from the most recent meeting is not practicable because of the need to hold an emergency meeting.

meeting minutes made available under subsection (b) of this section for a minimum of 5 years after the date of the meeting; and

except as provided in subsections (f), (g), and (g–1) of this section, a complete and unedited archived video recording of each open meeting for which live video streaming was made available under subsection (b) of this section for a minimum of 1 year after the date of the meeting.

This subsection applies only to the Maryland Stadium Authority.

If the Maryland Stadium Authority meets by telephone conference, the Authority shall:

This subsection applies only to the Maryland Transportation Authority.

The Maryland Transportation Authority is required to provide live video streaming of a meeting only if the meeting is held at:

the Maryland Transportation Authority;

the State Board of Elections; and

the State Ethics Commission.

This section does not apply to the action of:

This section does not authorize a court to void an action of a public body because of any violation of this title by another public body.

This section does not affect or prevent the use of any other available remedies.

If a public body fails to comply with § 3–301, § 3–302, § 3–303, § 3–305, or § 3–306(c) of this title, any person may file with a circuit court that has venue a petition that asks the court to:

If a violation of § 3–302, § 3–305, or § 3–306(c) of this title is alleged, the person shall file the petition within 45 days after the date of the alleged violation.

If a violation of § 3–301 or § 3–303 of this title is alleged, the person shall file the petition within 45 days after the public body includes in the minutes of an open session the information specified in § 3–306(c)(2) of this title.

If a written complaint is filed with the Board in accordance with § 3–205 of this title, the time between the filing of the complaint and the mailing of the written opinion to the complainant and the affected public body under § 3–207(d) of this title may not be included in determining whether a claim against a public body is barred by the statute of limitations set forth in paragraphs (2) and (3) of this subsection.

it is presumed that the public body did not violate any provision of this title; and

the complainant has the burden of proving the violation.

consolidate a proceeding under this section with another proceeding under this section or an appeal from the action of the public body;

issue an injunction;

determine the applicability of this title to the discussions or decisions of public bodies;

declare the final action of a public body void if the court finds that the public body willfully failed to comply with § 3–301, § 3–302, § 3–303, or § 3–306(c) of this title and that no other remedy is adequate;

as part of its judgment:

grant any other appropriate relief.

A person may file a petition under this section without seeking an opinion from the Board.

The failure of a person to file a complaint with the Board is not a ground for the court to stay or dismiss a petition.

$250 for the first violation; and

$1,000 for each subsequent violation that occurs within 3 years after the first violation.