Notice

1999 amendments include some new rules for meeting notices

FOI Advisory Council Opinion AO-08-07

FOIA requires public notice to be given when a public body holds a public meeting. Failure to give the required notice is a violation of FOIA.

FOI Advisory Council Opinon AO-02-06

Gathering of quorum from both a town council and a planning commission, on a topic that had once been before the council and was likely to be before it again, should have been advertised to the public as a joint meeting of both entities.

FOI Advisory Council Opinion AO-15-04

A citizen-organized gathering with three members of a school board for the purpose of discussing business currently pending before the board must comply with FOIA's notice provisions.

FOI Advisory Council Opinion AO-02-04

Public body must follow FOIA's notice provision, even if planning to go into a closed meeting immediately; closed meeting can only take place within the context of an open meeting. Draft proposal between a city and a county over acquisition of water may be withheld under the exemption for contract negotations, if disclosure would jeopardize bargaining position; discussions of the proposal may also be held in closed session. Advisory Council uses subcommittee to identify a problem in FOIA and propose legislation to address it.

FOI Advisory Council Opinion AO-23-03

A meeting notice that omits the exact time of the meeting (or, in certain instances, whether there will be a public comment period) is deficient. A public body does not have an obligation to honor a standing request for agenda items that will be created in the future.

FOI Advisory Council Opinion AO-06-02

Public body members may waive notice for themselves, but not for the public. Meetings are to be open to both the public and the press, not one or the other. A meeting of three or more members of a public body to discuss public business is to be open to the public, and the notice requirements of FOIA must be followed.

FOI Advisory Council Opinion AO-43-01

Notice of future meetings must be posted at the clerk's office and a prominent public location. Though FOIA encourages the use of electronic communication via the Internet, the town's Web site does not qualify as a prominent public location under FOIA's meeting notice provisions.

FOI Advisory Council Opinion AO-18-01

At least three working days' notice is necessary to announce the change in location of a previously scheduled meeting; updates required everywhere notice is posted, including the Internet.

FOI Advisory Council Opinion AO-03-01

Regarding requirements for notice and agendas for special or emergency meetings; enforcement

FOI Advisory Council Opinion AO-13-00

Notice for special or emergency meetings must be reasonable under the circumstances; determination of reasonableness is not within purview of FOI Advisory Council's duties.

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