Laws to Know

• What is the Open Meetings Act (OMA)? The Open Meetings Act is a state law that requires that meetings of public bodies be open to the public except in certain specific, limited situations (discussed in more detail below) where the law authorizes the public body to close a meeting. OMA also provides that the public must be given advance notice of the time, (48 hours) place and subject matter of the meetings of public bodies. 
• How many members of the public body have to be present at a “meeting” before OMA requirements apply? A “meeting” under OMA is a gathering of a majority of a quorum of the members of a public body for the purpose of discussing public business. For example, for a 7-member board with a quorum of 4, a majority of the quorum would be 3. Under OMA, 5-member bodies have a 3-member quorum and require the affirmative vote of 3 members to adopt any motion, resolution, or ordinance, unless a greater number is otherwise required. A quorum number of these members cannot meet prior to the public meeting and make decisions regarding items that will be voted on.
• Before a public body takes a vote on an issue at a meeting, what must it do? Any vote, or final action, must be preceded by a public recital of the nature of the matter being considered and any other information that will inform the public of the business being conducted.
• If an item is not listed on the posted agenda for a regular meeting, is the public body prohibited from taking action on the item at that meeting? Yes. OMA permits discussion during regular meetings of items not specifically set forth on the agenda. The Open Meetings Act, however, does not permit the taking of a vote on such a matter at that meeting.
• Is a public body required to provide members of the public with a copy of its “board packet” at an open meeting? No. At the time of an open meeting, a public body is not required to disseminate or provide the public with copies of its “board packet” or reference information. It is important to note, however, that the information contained within a “board packet” is subject to the Freedom of Information Act and a member of the public can request copies of that material through FOIA. PUBLIC NOTICE OF A MEETING 
• What is public notice? Giving public notice means providing the date, time and location of a meeting. When and how does a notice of a regular meeting have to be provided by a public body? At the beginning of each calendar or fiscal year, every public body must create and make available to the public the schedule for regular meetings that year, including the dates, times, and locations of the meetings. Notice shall be given by posting a copy of the notice at the principal office of the body holding the meeting or, if no such office exists, at the building in which the meeting is to be held. If the public body has a website maintained by its own full-time staff, then notice of all meetings must also be posted on that website. If the public body changes the regular meeting schedule (as opposed to a particular meeting), it must give 10 calendar day’s notice of the change by publicizing the change in the newspaper and by posting information concerning the schedule change at the principal office of the public body. The public body must post an agenda (see below) for the particular meeting at the main office of the public body, at the location of the meeting, and on the public body’s website (if it has a website maintained by its own full-time staff) at least 48 hours in advance of the meeting. 

FOIA is an open-government law grounded in the principle that the public should be able to access public records and information about the workings of their government.

FOIA provides that the people are entitled to full and complete information regarding government affairs and the official acts and policies of those who represent them as public officials. Such access is necessary to enable people to monitor government to ensure that it is being conducted in the public interest.

Unless a specific exemption applies, public bodies must allow public access to all public records.

How do I file a Freedom of Information Act request?

A truly transparent government will offer all records on an online portal, which makes access direct to the public.

If the information you seek is not available online, you should file a FOIA. A Freedom of Information Act request must be made in writing and submitted to the Department’s Freedom of Information Officer, that has been designated in each government body. The officer fills or denies the information request. 

Sometimes there is a form designated for your use, but any written document that includes the following information would be acceptable:

• Your name 
• Organization, if applicable
• Mailing address (Required if seeking paper copies)
• A phone number where you can be contacted for questions
• E-mail address (Required if seeking electronic copies of records)
• A clear description of the records you are requesting (Required) (FOIA is not intended as a medium for answering questions. Questions should be directed to the appropriate Department staff for response.)