Except as otherwise expressly provided in this title, a public body shall meet in open session.

Before meeting in a closed or open session, a public body shall give reasonable advance notice of the session. Whenever reasonable, a notice under this section shall: 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. A public body may give the notice under this section as follows: 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 posting or depositing the notice at a convenient public location at or near the place of the session; or by posting the notice on an Internet website ordinarily used by the public body to provide information to the public; or by any other reasonable method. A public body shall keep a copy of a notice provided under this section for at least 3 years after the date of the session.

Subject to subsection (b) of this section, before meeting in an open session, a public body shall make available to the public an agenda: containing known items of business or topics to be discussed at the portion of the meeting that is open; and indicating whether the public body expects to close any portion of the meeting in accordance with § 3–305 of this subtitle. 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. If a public body is unable to comply with the provisions of subsection (a) of this section because the meeting was scheduled in response to an emergency, a natural disaster, or any other unanticipated situation, the public body shall make available on request an agenda of the meeting within a reasonable time after the meeting occurs. A public body is not required to make available any information in the agenda regarding the subject matter of the portion of the meeting that is closed in accordance with § 3–305 of this subtitle. 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. Nothing in this section may be construed to prevent a public body from altering the agenda of a meeting after the agenda has been made available to the public.

Whenever a public body meets in open session, the general public is entitled to attend. A public body shall adopt and enforce reasonable rules regarding the conduct of persons attending its meetings and the videotaping, televising, photographing, broadcasting, or recording of its meetings. 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.

This section applies only to the Executive and Legislative branches of the State government. On request and to the extent feasible, a unit that holds a public hearing shall provide a qualified interpreter to assist deaf individuals to understand the proceeding. A request for an interpreter must be submitted in writing or by telecommunication at least 5 days before the proceeding begins. The unit shall determine, in each instance, whether it is feasible to provide an interpreter.

The exceptions in subsection (b) of this section shall be strictly construed in favor of open meetings of public bodies. Subject to subsection (d) of this section, a public body may meet in closed session or adjourn an open session to a closed session only to: discuss: the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of an appointee, employee, or official over whom it has jurisdiction; or any other personnel matter that affects one or more specific individuals; 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: the deployment of fire and police services and staff; and the development and implementation of emergency plans; 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: security assessments or deployments relating to information resources technology; network security information, including information that is: related to passwords, personal identification numbers, access codes, encryption, or other components of the security system of a governmental entity; collected, assembled, or maintained by or for a governmental entity to prevent, detect, or investigate criminal activity; or related to an assessment, made by or for a governmental entity or maintained by a governmental entity, of the vulnerability of a network to criminal activity; or deployments or implementation of security personnel, critical infrastructure, or security devices. A public body that meets in closed session under this section may not discuss or act on any matter not authorized under subsection (b) of this section. 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: conduct a recorded vote on the closing of the session; and make a written statement of the reason for closing the meeting, including a citation of the authority under this section, and a listing of the topics to be discussed. 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.

This section does not: 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: live and archived video or audio streaming of the open session is available; or the public body votes on legislation and the individual votes taken by each member of the public body who participates in the voting are posted promptly on the Internet. The information specified under paragraph (2) of this subsection shall be deemed the minutes of the open session. The minutes shall reflect: each item that the public body considered; the action that the public body took on each item; and each vote that was recorded. If a public body meets in closed session, the minutes for its next open session shall include: a statement of the time, place, and purpose of the closed session; a record of the vote of each member as to closing the session; a citation of the authority under § 3–305 of this subtitle for closing the session; and a listing of the topics of discussion, persons present, and each action taken during the session. A session may be recorded by a public body. Except as otherwise provided in paragraph (4) of this subsection, the minutes and any recording of a closed session shall be sealed and may not be open to public inspection. The minutes and any recording shall be unsealed and open to inspection as follows: for a meeting closed under § 3–305(b)(5) of this subtitle, when the public body invests the funds; for a meeting closed under § 3–305(b)(6) of this subtitle, when the public securities being discussed have been marketed; or on request of a person or on the public body’s own initiative, if a majority of the members of the public body present and voting vote in favor of unsealing the minutes and any recording. Except as provided in subsection (c) of this section, minutes of a public body are public records and shall be open to public inspection during ordinary business hours. 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.

This section applies only to the following public bodies: 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. A public body specified in subsection (a) of this section shall make publicly available on its website: 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: at least 48 hours in advance of each meeting; or if the meeting is being held due to an emergency, a natural disaster, or any other unanticipated situation, as far in advance of the meeting as practicable; 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. To the extent practicable, each open meeting agenda shall indicate: 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. The public body shall maintain on its website: 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: make publicly available on its website live audio streaming of each portion of the meeting that is held in open session; and maintain on its website a complete and unedited archived audio recording of each meeting for which live audio streaming was made available for a minimum of 1 year after the date of the meeting. 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 headquarters of the Maryland Transportation Authority; or a location where the Maryland Transportation Authority held at least 10 meetings during the immediately preceding calendar year. 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, shall maintain on its website a complete and unedited archived video recording of the meeting for a minimum of 5 years after the date of the meeting. The Department of Information Technology shall provide the technical staff, support, and equipment necessary to livestream the open meetings of: the Maryland Transportation Authority; the State Board of Elections; and the State Ethics Commission. For purposes of this title, a project site visit or educational field tour may not be considered a meeting of a public body listed under subsection (a) of this section if no organizational business is conducted. Nothing in this section may be construed to prevent a public body from altering the agenda of a meeting after the agenda has been made available to the public. The requirements of this section are in addition to the other requirements of this subtitle.