With recent renewed interest in government transparency, it’s good to review NC’s statutes on open meetings for state and local governing bodies. Just like with apps in popular culture, “There’s a statue for that.”
NC open meetings laws apply to any state or local “public body” with at least 2 members, where there is authority to do things like making policy, administering policy, making decisions similar to a court (think zoning decisions), or advising another public body. That definition is quite broad, including a lot of elected boards and appointed commissions. It even includes things like public hospital governing boards and parks and rec commissions.
To foster transparency, notice of regular meetings must be published or available at a specific location, both physically and on the board’s website. Special meetings must be noticed at least 48 hours before the meeting by posting at the regular meeting site, mailing or emailing to anyone who has asked to receive this information, and posted on their website. If an emergency meeting must occur in less than 48 hours, notice must be given to all local news media that have requested notice. Only the emergency topic can be discussed at the emergency meeting. (A separate statute requires at least a 6-hour notice for emergency meetings for city/town councils.)
The law allows media broadcast of meetings. It also allows any person to photograph, video, or record any or all of the meeting. The law does not necessarily provide the public a right to speak at meetings, however. Elected boards are required to have public comments at their regular meetings. There is a right to speak at public hearings or when evidence is heard (like in a board of adjustment case). Boards may arrange other times and methods to receive public input. Complete and accurate minutes must be kept for each meeting, made available to the public, and retained permanently.
An official “meeting” happens whenever a majority of members of the board or commission gather together or communicate simultaneously (like videoconference, email group, or phone conference) to take action, deliberate, or otherwise transact business. Even an informal gathering of a majority of board members constitutes an official meeting if they discuss or otherwise engage in the business of the public body. Board members attending a noticed meeting cannot huddle in the corner to discuss or negotiate some matter (if the huddle is a majority of members); they must have that discussion in front of the public. There are exceptions for purely social gatherings (so long as no business is discussed by a majority of members) and for meetings solely among the professional staff.
There are separate sets of statutes with additional requirements for county commissions and city/town boards. They govern, for example, frequency of meetings, when a new board is sworn in, location of meetings, and voting rules.
The law creates an exception to open meetings laws for “closed session” meetings held for specific purposes, as follows: discussing topics that are, by law, not public record (like recipients of public assistance); consulting with the board’s attorney; location or expansion of a business (like an incentives package); possible purchase of real property; employment contracts; public employee matters; and alleged criminal conduct.
What are the remedies with the courts for a violation of the open meetings laws? First is an injunction to stop the recurrence of violations or the continuance of a current violation. Second is an order invalidating any action taken or considered at the secret meeting. The court may award attorney’s fees to the prevailing party. In addition to legal remedies, violating open meetings laws often results in negative publicity. Violations may diminish the public’s confidence in those elected officials.
While it is not possible to cover every aspect of open meetings laws in one column, hopefully this overview sheds some light on how state and local governing bodies are required to carry out their important work.
Kim K. Steffan is an attorney with Steffan & Associates, P.C. in Hillsborough. She can be reached at (919) 732-7300 or at kim.steffan@steffanlaw.com.