Open Meeting Laws 3d Ann Taylor Schwing
Open Meeting Laws 3d
Summary Table of Contents
Summary Table of Contents
Foreword to the Second Edition
Preface to the Third Edition
Preface to the Second Edition
Preface to the First Edition
I. Introduction
§ 1.1 Introduction
II. Constitutional Principles
§ 2.1 Constitutional Principles
§ 2.2 A. First Amendment Free Speech and Press Rights
§ 2.4 B. First Amendment Right to Assemble and Petition for Redress
§ 2.6 C. Due Process
§ 2.8 D. State Constitutional Principles
§ 2.20 E. The Constitutionality of Open Meeting Laws
III. Public Policy and Statutory Interpretation
§ 3.1 Public Policy and Statutory Interpretation
§ 3.2 A. Statutory Declarations of Public Policy
§ 3.5 B. Court Interpretation of Open Meeting Laws
§ 3.28 C. Extent of the Application of Open Meeting Laws
§ 3.30 D. State Officials' Duty to Distribute Open Meeting Laws or Train
IV. Entities Subject to Open Meeting Laws
§ 4.1 Entities Subject to Open Meeting Laws
§ 4.4 A. The Federal Government and Multi-Member Federal Agencies
§ 4.6 B. The State and Statewide Public Entities
§ 4.20 C. Districts and Other Regional Public Entities
§ 4.22 D. Political Subdivisions of the State
§ 4.24 E. Local Public Entities
§ 4.36 F. Committees and Other Subordinate Public Bodies
§ 4.48 G. Single Person Public Bodies
§ 4.50 H. Public Bodies Typically Not Subject to Open Meeting Laws
§ 4.100 I. Private Entities
V. Mechanical Details of Open Meeting Laws
§ 5.1 Mechanical Details of Open Meeting Laws
§ 5.4 A. Notice Requirements
§ 5.50 B. Preparation and Availability of Minutes
§ 5.70 C. Location, Size, Accessibility and Characteristics of the Meeting Room
§ 5.80 D. Sound and Language Requirements for the Meeting
§ 5.84 E. Selection of Meeting Times
§ 5.86 F. Use of Recording Devices by the Public Body, Public and Media
§ 5.90 G. Entitlement to Attend Open Meetings
§ 5.94 H. Public Participation and Open Microphone Time
§ 5.96 I. Regulation and Control of Public Access
VI. Meetings, Quorums, Deliberations and Voting
§ 6.1 Meetings, Quorums, Deliberations and Voting
§ 6.4 A. The Public Business That Invokes Application of the Law
§ 6.6 B. The Requirement of Open Meetings
§ 6.8 C. The Definition of a "Meeting"
§ 6.30 D. Collegial Bodies and Serial Meetings
§ 6.48 E. Seminars, Training and Work Sessions and Retreats
§ 6.50 F. Pre-Meeting Meetings
§ 6.52 G. Informal Meetings and Secret Meetings
§ 6.54 H. Breaks and Recesses During the Course of Meetings
§ 6.55 I. Post-Meeting Meetings
§ 6.56 J. Prearranged Meetings
§ 6.60 K. Voting
§ 6.70 L. What Is Typically Not a "Meeting"
VII. Executive Sessions
§ 7.1 Executive Sessions
§ 7.4 A. What Is an Executive Session
§ 7.6 B. The Procedure to Recess to Executive Session
§ 7.8 C. Limitation of Discussion to Matters Identified in the Motion
§ 7.9 D. Post-Recess Certification
§ 7.10 E. The Confidentiality of Executive Sessions
§ 7.11 F. Civil Discovery of Executive Session Communications
§ 7.12 G. Who May Attend Executive Sessions
§ 7.14 H. Permissible Use of Executive Sessions
VIII. Remedies for Violations of Open Meeting Laws
§ 8.1 Remedies for Violations of Open Meeting Laws
§ 8.2 A. Open Meeting Ombudsmen and Commissions
§ 8.3 B. Attorney General Enforcement and Interpretation
§ 8.4 C. Mandatory Administrative Remedies in Advance of Litigation
§ 8.5 D. Mediation of Possible Open Meeting Violations
§ 8.6 E. The Prima Facie Cause of Action
§ 8.8 F. Who Has Standing to Sue
§ 8.20 G. Who May Be Sued
§ 8.30 H. Intervention
§ 8.32 I. Appearance of Amicus Curiae
§ 8.34 J. Scienter
§ 8.40 K. Burden of Proof
§ 8.50 L. Available Remedies
§ 8.80 M. Calendar Precedence
§ 8.82 N. Concurrent Causes of Action
IX. Cures for Violations of Open Meeting Laws
§ 9.1 Cures for Violations of Open Meeting Laws
§ 9.4 A. Ratification by the Public Entity
§ 9.12 B. Vote of the People
§ 9.14 C. Attendance at the Meeting Despite Lack of Notice
§ 9.16 D. Nunc Pro Tunc Orders and Reformation of Minutes
X. Defenses to Actions Under Open Meeting Laws
§ 10.4 A. Statute of Limitations
§ 10.20 B. Laches
§ 10.22 C. Unclean Hands
§ 10.24 D. Mootness
§ 10.26 E. Immunity for Those Who Report Violations and Immunity from Service of Process
§ 10.30 F. Defenses Dependent on Circumstances or a Particular State Statute
§ 10.50 G. Attempted Defenses That Typically or Always Fail
XI. The Process of Open Meeting Litigation
§ 11.1 The Process of Open Meeting Litigation
§ 11.4 A. Pleadings
§ 11.6 B. Venue and Jurisdiction
§ 11.8 C. Discovery
§ 11.10 D. Motions Practice
§ 11.12 E. Jury or Court Trial
§ 11.30 F. Settlement
§ 11.32 G. Judgment
§ 11.34 H. Appeal
XII. Attorney Fees, Defense and Reimbursement
§ 12.1 Attorney Fees, Defense and Reimbursement
§ 12.4 A. Public Interest Litigation/Private Attorneys General
§ 12.6 B. Partial Fee Awards and Denial of Fee Awards
§ 12.8 C. Attorney Fee Awards in Favor of the Defendant
§ 12.10 D. Pro Se Litigants
§ 12.12 E. Costs
§ 12.14 F. Defense and Reimbursement by Public Entity for Its Members
Appendix
Tables
Index