Effect Of Action Taken In Improper Meeting

FOI Advisory Council Opinion AO-06-19

Failure to provide notice and take minutes of public meetings as required by FOIA are violations of FOIA. Only a court may rule on whether any particular notice is reasonable under the circumstance for a special, emergency, or continued meeting. Once posted, notices should not be removed before the meeting occurs.

FOI Advisory Council Opinion AO-03-10

FOIA provides exemptions from mandatory disclosure for certain records related to closed meetings. However, FOIA does not address whether a mayor may demand that at the conclusion of a closed meeting members of a local governing body give to the mayor any documents distributed or notes taken during the closed meeting.

FOI Advisory Council Opinion AO-05-07

The student government of a public institution of higher education is a public body subject to FOIA. The branches of student government are analogous to the organization of government generally (i.e., legislative, executive, and judicial). (Several other related issues discussed.)

FOI Advisory Council Opinion AO-24-04

A motion to go into closed meetings to discuss 'issues relating to a specifically named individual' is too vague to identify either the subject matter under discussion or the purpose of the discussion. Though a meeting might have been closed without the proper procedure, votes taken after the meeting, provided they were recorded in public, are valid.

FOI Advisory Council Opinion AO-01-03

A public body is not authorized to purchase land between an informal vote taken in properly closed meeting but before a vote on purchase taken in open session. An informal vote taken in a closed meeting is not binding. Members of a public body may individually poll each other for their position on a matter of public business outside the context of either an open meeting or a properly closed one.

Attorney General's Opinion 1979-80 #380

Executive session called without a prior resolution adopted in public meeting violates FOIA. No election of planning commission officers in executive session. Actions taken by illegally elected public body officers are valid up until the point when they learn of the election defect.

Attorney General's Opinion 1979-80 #302

Confirms procedures for going into closed meeting. Board member appointed in an illegal meeting is a de facto officer, and the board's actions are valid, until notice of the illegal appointment is made.

Attorney General's Opinion 1977-78 #492

Secret ballot voting in open meeting prohibited. Actions taken by secret-ballot vote are ineffective until affirmed by open vote in open meeting.

Attorney General's Opinion 1975-76 #417

FOIA violation for going into executive session without a motion, and for reconvening, having transacted public business, without a motion. Election held in improper executive session may be set aside by court action. Acts of entity with an improperly elected official as a member are valid until the official is notified of the legal defect behind his/her election.

Attorney General's Opinion 1974-75 #578

Secret-ballot vote at open meeting not permissible. Election of officers by improper secret at an open meeting not valid until vote can be retaken in open session.


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