| Open Meetings |
Alabama |
Governor |
Executive order or action |
STATE OF EMERGENCY - AMENDED STATEWIDE STATE OF EMERGENCY - COVID-19 |
Meetings may be held by video conference if the meeting is limited to COVID-19 or essential functions and participants can all hear one annother. Governmental bodies are encouraged, but not required, to use methods allowing the public to observe and participate in the meeting. A summary of the meeting must be published "no less than twelve hours" after the meeting. |
http://arc-sos.state.al.us/PPC/VOL15P1775.pdf |
March 18, 2020 |
| Open Meetings |
Arizona |
Attorney General |
Recommendation - non-binding |
"Re: Concerns Relating To Arizona's Open Meeting Law and COVID-19" |
In an informal opinion, the AG said that the Open Meetings Law permits for meetings held by electronic means. |
https://www.azag.gov/sites/default/files/2020-03/Covid-OML_202003131526.pdf |
March 13, 2020 |
| Open Meetings |
Arkansas |
Legislature |
Legislation proposed |
House Bill 1082 |
During an emergency, a public entity may assemble via electronic means. The public may attend and notice of the method to be used will be published alongside the notice of the meeting. The meet will be recorded and held for at least a year. (This bill has been enrolled and is awaiting the Governor's signature.) |
https://www.arkleg.state.ar.us/Bills/Detail?id=HB1082&ddBienniumSession=2019%2F2020F |
April 2, 2020 |
| Open Meetings |
California |
Governor |
Executive order or action |
Executive Order N-25-20 |
Local or state governing bodies may hold public meeting via teleconference. Requirements related to the open meeting location are suspended. |
https://www.gov.ca.gov/wp-content/uploads/2020/03/3.12.20-EO-N-25-20-COVID-19.pdf |
March 12, 2020 |
| Open Meetings |
California |
Governor |
Executive order or action |
Executive Order N-29-20 |
Give advance notice of each public meeting |
https://www.gov.ca.gov/wp-content/uploads/2020/03/3.17.20-N-29-20-EO.pdf |
March 17, 2020 |
| Open Meetings |
Colorado |
Legislature |
Legislation enacted |
HOUSE BILL 20-1301 |
Permits electronic meetings and requires the board to have technology in place that will ensure members of the public can hear the comments made by board members attending electonically |
https://leg.colorado.gov/sites/default/files/2020a_1301_signed.pdf |
March 18, 2020 |
| Public Records |
Colorado |
|
Compliance expected as usual |
|
Agencies are expected to comply with the public records law. |
|
|
| Open Meetings |
Connecticut |
Governor |
Executive order or action |
Executive Order No. 7B |
Portions of the open meeting law are suspended to permit electronic meetings. The public must have the ability to view or listen to each meeting, which must also be recorded and posted to the agency's website within 7 days. |
https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7B.pdf |
March 14, 2020 |
| Public Records |
Connecticut |
Governor |
Executive order or action |
Executive Order No. 7M |
Suspension of Mandatory Statutory Filing Requirements for Freedom of Information Act Appeals and Decisions by the Freedom of Information Commission, Authority to Extend Statutory and Regulatory Administrative Deadlines by 90 Days |
https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7M.pdf |
March 25, 2020 |
| Public Records |
Delaware |
Governor |
Executive order or action |
FOURTH MODIFICATION OF THE DECLARATION OF A STATE OF EMERGENCY FOR THE STATE OF DELAWARE DUE TO A PUBLIC HEALTH THREAT |
The statutory time periods for responses to requests for public records made pursuant to 29 Del. C. § 10003 and for the filing of and response to petitions filed pursuant to 29 Del. C. § 10005 (e), whether such requests or petitions are presently pending or submitted hereafter, are hereby extended until 15 business days following the termination of any active Declaration of a State of Emergency. |
https://governor.delaware.gov/wp-content/uploads/sites/24/2020/03/Fourth-Modification-to-State-of-Emergency-03222020.pdf |
March 22, 2020 |
| Open Meetings |
Delaware |
Governor |
Executive order or action |
Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat |
Electronic meetings allowed |
https://governor.delaware.gov/wp-content/uploads/sites/24/2020/03/State-of-Emergency_03122020.pdf |
March 12, 2020 |
| Public Records |
District of Columbia |
Legislature |
Legislation enacted |
D.C. Act 23-247 |
"[A] public body, upon request reasonably describing any public record, shall within 15 days (except Saturdays, Sundays, days of a COVID-19 closure, and legal public holidays) of the receipt of any such request either make the requested public record accessible or notify the person making such request of its determination not to make the requested public record or any part thereof accessible and the reasons therefor." |
https://www.dcregs.dc.gov/Common/NoticeDetail.aspx?NoticeId=N0091027 |
March 20, 2020 |
| Open Meetings |
District of Columbia |
Legislature |
Legislation enacted |
D.C. Act 23-247 |
"During a period for which a public health emergency has been declared pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01), the public body takes steps reasonably calculated to allow the public to view or hear the meeting while the meeting is taking place, or, if doing so is not technologically feasible, as soon as reasonably practicable thereafter." |
https://www.dcregs.dc.gov/Common/NoticeDetail.aspx?NoticeId=N0091027 |
March 20, 2020 |
| Open Meetings |
Florida |
Governor |
Executive order or action |
Executive Order 20-69 |
Local government bodies may utilize communications media technology, such as telephonic and video conferencing |
https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-69.pdf |
March 20, 2020 |
| Open Meetings |
Hawaii |
Governor |
Executive order or action |
SUPPLEMENTARY PROCLAMATION |
Suspends "Chapter 92, HRS, public agency meetings and records, to the extent necessary to enable boards to conduct business in person or through remote technology without holding meetings open to the public. Boards shall consider reasonable measures to allow public participation consistent with social distancing practices, such as providing notice of meetings, allowing submission of written testimony on agendized items, live streaming meetings, and posting minutes of meetings online. No board deliberation or action shall be invalid, however, if such measures are not taken." |
https://governor.hawaii.gov/wp-content/uploads/2020/03/2003109-ATG_COVID-19-Supplementary-Proclamation-signed.pdf |
March 16, 2020 |
| Public Records |
Hawaii |
Governor |
Executive order or action |
SUPPLEMENTARY PROCLAMATION |
Suspends "Chapter 92, HRS, public agency meetings and records" and "Chapter 92F, HRS, uniform information practices act" |
https://governor.hawaii.gov/wp-content/uploads/2020/03/2003109-ATG_COVID-19-Supplementary-Proclamation-signed.pdf |
March 16, 2020 |
| Open Meetings |
Illinois |
Governor |
Executive order or action |
Executive Order No. 2020-07 |
"(1) suspends the requirement in Section 2.0110 that “members of a public body must be physically present;” and (2) suspends the limitations in Section 7 on when remote participation is allowed." |
https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-07.aspx |
March 16, 2020 |
| Open Meetings |
Illinois |
Governor |
Executive order or action |
Executive Order No. 2020-18 |
Extends Executive Order No. 2020-07 |
https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-18.aspx |
April 1, 2020 |
| Open Meetings |
Illinois |
Attoney General |
Legal guidance - binding |
Guidance to Public Bodies on the Open Meetings Act and the Freedom of Information Act during the COVID-19 Pandemic |
|
http://foia.ilattorneygeneral.net/pdf/OMA_FOIA_Guide.pdf |
April 9, 2020 |
| Open Meetings |
Indiana |
Governor |
Executive order or action |
Executive Order 20-04 |
Suspends requirements for in-person meetings. Governing bodies may post notices for meetings. |
https://www.in.gov/gov/files/ExecutiveOrder20-04FurtherOrdersforPublicHealthEmergency.pdf |
March 16, 2020 |
| Public Records |
Indiana |
Governor |
Executive order or action |
Executive Order 20-09 |
Suspends telephone requests, mandatory deadlines on formal complaints, and the requirment that requests are deemed denied if not acknowledged in seven days. |
https://www.in.gov/gov/files/Executive_Order_20-09_Continuity_of_Government_Operations.pdf |
March 23, 2020 |
| Open Meetings |
Iowa |
Governor |
Executive order or action |
Proclamation of Disaster Emergency |
Public bodies may hold meetings by electronic means. |
https://governor.iowa.gov/press-release/gov-reynolds-signs-additional-state-public-health-emergency-declaration-will-hold |
March 20, 2020 |
| Public Records |
Iowa |
Governor |
Executive order or action |
Proclamation of Disaster Emergency |
Suspends in-person requests and requirements related to in-office reception of records requests. |
https://governor.iowa.gov/sites/default/files/documents/Public%20Health%20Proclamation%20-%202020.04.10%20%282%29.pdf |
April 10, 2020 |
| Open Meetings |
Kansas |
Legislature |
Legislation enacted |
K.A.R. 16-20-1. Compliance with the Kansas open meetings act during an emergency declaration. |
|
|
|
| Open Meetings |
Kentucky |
Governor |
|
"Re: Meeting Protocols for Novel Coronavirus (COVID-19)" |
Memorandum, Office of the Secretary of Kentucky - Meeting Protocols for Novel Coronavirus |
https://governor.ky.gov/attachments/20200312_Memo_Board-Teleconferencing-Covid19.pdf |
March 12, 2020 |
| Open Meetings |
Kentucky |
Office of the Attorney General |
Legal guidance - binding |
Office of the Attorney General Opinion 20-05 |
"A public agency must identify a primary physical location for a video teleconference at which the public may attend and view a public meeting conducted through video teleconference under the Open Meetings Act." |
https://ag.ky.gov/Priorities/Government-Transparency/opinions/Opinions%20New/OAG%2020-05.pdf |
March 18, 2020 |
| Open Meetings |
Louisiana |
Legislature |
Legislation proposed |
Louisiana House Bill 798 |
Authorizes public bodies to allow members to participate and vote electronically during certain states of emergency subject to certain conditions |
https://legiscan.com/LA/text/HB798/2020 |
March 31, 2020 |
| Public Records |
Louisiana |
Office of the Attorney General |
Legal guidance - binding |
Office of the Attorney General |
Provides clarification that the suspension of legal deadlines applies to those of the Lousiana Public Records Act. |
https://www.ag.state.la.us/Article/9745 |
March 25, 2020 |
| Public Records |
Louisiana |
Governor |
Executive order or action |
JBE-EO-30 (Executive Order) |
"Additional measures for COVID-19 Public Health Emergency" |
https://gov.louisiana.gov/assets/ExecutiveOrders/JBE-EO-30.pdf |
March 16, 2020 |
| Open Meetings |
Maine |
Legislature |
Legislation enacted |
LEGISLATION - An Act To Implement Provisions Necessary to the Health, Welfare and Safety of the Citizens of Maine in Response to the COVID-19 Public Health Emergency |
|
http://legislature.maine.gov/legis/bills/display_ps.asp?paper=SP0789&PID=undefined&snum=129 |
March 18, 2020 |
| Open Meetings |
Maryland |
Office of the Attorney General |
Legal guidance - binding |
Open Meetings Act FAQs for meetings held during the COVID19 Emergency |
A public body may hold a meeting by teleconference. |
http://www.marylandattorneygeneral.gov/OpenGov%20Documents/Openmeetings/OMA_FAQ_COVID19.pdf |
March 13, 2020 |
| Public records |
Michigan |
Governor |
Executive order or action |
Executive Order 2020-38 (COVID-19) |
"Temporary extensions of certain FOIA deadlines to facilitate COVID-19 emergency response efforts" |
http://www.legislature.mi.gov/documents/2019-2020/executiveorder/pdf/2020-EO-38.pdf |
April 5, 2020 |
| Open Meetings |
Michigan |
Governor |
Executive order or action |
Executive Order 2020-15 |
"Temporary authorization of remote participation in public meetings and hearings and temporary relief from monthly meeting requirements for school boards" |
https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-522173--,00.html |
|
| Public records |
Minnesota |
|
Compliance expected as usual |
|
|
|
|
| Open Meetings |
Minnesota |
|
Compliance expected as usual |
|
|
|
|
| Open Meetings |
Mississippi |
Ethics Commission |
Recommendation - non-binding |
Statement on Compliance with the Open Meetings Act during the COVID-19 Public Health Emergency |
|
https://www.ethics.ms.gov/node/67 |
March 23, 2020 |
| Public records |
Missouri |
Attorney General |
Legal guidance - binding |
Sunshine Law Guidance for Responding to Public Records Requests During a Public Health Crisis or State of Emergency |
If the custodian of records is working during a public health crisis, either full-time or parttime and either in-person or remotely, the Sunshine Law still requires the public governmental body to respond to every request for records upon the custodian’s receipt.... Provide as many updates as possible to the public on the status of fulfilling records requests Given the Sunshine Law’s |
https://ago.mo.gov/docs/default-source/press-releases/2019/sunshine-law-compliance-for-public-records-requests-2.pdf?sfvrsn=fe658167_2 |
|
| Open Meetings |
Missouri |
Attorney General |
Legal guidance - binding |
Sunshine Law Guidance for Public Governmental Bodies During a Public Health Crisis or State of Emergency |
If a public governmental body chooses to have a meeting by telephone or other electronic means, staff will need to ensure that the meeting notice references the change from the usual method. |
https://ago.mo.gov/docs/default-source/press-releases/2019/sunshine-law-guidance-for-public-governmental-bodies-during-a-public-health-crisis-or-state-of-emergency.pdf?sfvrsn=2d0b85af_2 |
|
| Open Meetings |
Montana |
Attorney General |
Legal guidance - binding |
"Re: Request for Opinion, Open public meetings during an emergency" |
Cancel Non-Essential Meetings, limit public meetings to critical items only, meeting notices must contain information on the method the meeting will be held, remote communication is permitted |
https://media.dojmt.gov/wp-content/uploads/LOA-March272020.pdf |
March 27, 2020 |
| Open Meetings |
Nebraska |
Governor |
Executive order or action |
Executive Order 20-03 |
|
https://governor.nebraska.gov/sites/governor.nebraska.gov/files/doc/press/EO%2020-03%20-%20Corona%20Virus%20-%20Public%20Mtgs%20.pdf |
|
| Open Meetings |
New Hampshire |
Attorney General |
Legal guidance - binding |
UPDATE: Information Regarding COVID-19 and March 2020 Town Meetings and Business Sessions |
|
https://www.doj.nh.gov/news/2020/documents/20200313-covid-town-meeting.pdf |
|
| Public records |
New Jersey |
Legislature |
Legislation enacted |
Assembly Bill 3849 |
Modifies deadline by which public agency is required to respond to request for government record during period of emergency. |
https://www.njleg.state.nj.us/2020/Bills/A4000/3849_I1.PDF |
March 16, 2020 |
| Open Meetings |
New Jersey |
Legislature |
Legislation enacted |
Assembly Bill 3850 |
Allows public bodies to conduct meetings, and provide notice, by electronic means during periods of emergency. |
https://www.njleg.state.nj.us/2020/Bills/A4000/3850_I1.PDF |
March 16, 2020 |
| Public records |
New Mexico |
Attorney General |
Compliance expected as usual |
Open Government Division Advisory During COVID-19 State of Public Health Emergency |
To maintain compliance with the Inspection of Public Records Act, OGD recommends that
agencies in the first instance continue to satisfy IPRA's deadlines and fulfill IPRA requests
electronically, if possible. |
https://www.nmag.gov/uploads/files/COVID-19/OpenGovernmentDivisionAdviceCOVID-19.pdf |
|
| Open Meetings |
New Mexico |
Attorney General |
Legal guidance - binding |
Open Government Division Advisory During COVID-19 State of Public Health Emergency |
If a public body decides to proceed with a virtual meeting, it must follow specific requirements of notification and access. |
https://www.nmag.gov/uploads/files/COVID-19/OpenGovernmentDivisionAdviceCOVID-19.pdf |
|
| Open Meetings |
North Carolina |
Attorney General |
Legal guidance - binding |
Advisory Letter Regarding the Ability for Local Public Bodies to Conduct Open Meetings Electronically |
Electronic meetings are allowed under the law. |
https://beta.documentcloud.org/documents/20072794-open-meetings-advisory-letter |
March 26, 2020 |
|
North Dakota |
Attorney General |
Legal guidance - binding |
Updated-Open Meeting Requirements during COVID-19 National Emergency |
The decision whether to hold a meeting rests with the public entity. While some meetings may be required by law, other meetings may be canceled or postponed. Public entities should first consider whether a meeting can or should be canceled or rescheduled. If a meeting is held, public entities have always had the ability to meet by remote means, including video or teleconference.The meeting room location and physical location requirements under this law have been waived by Executive Order 2020-16 |
https://attorneygeneral.nd.gov/open-records-meetings/updated-open-meeting-requirements-during-covid-19-national-emergency |
March 30, 2020 |
| Open Meetings |
Ohio |
|
Legislation enacted |
|
"On March 27, Gov. Mike DeWine signed into law House Bill 197, allowing members of public bodies to hold and attend meetings, and to conduct hearings, by teleconference, video conference or any similar electronic technology. Such meetings are legal for as long as the governor’s coronavirus emergency remains in effect, up until Dec. 20, 2020." |
https://legiscan.com/OH/text/HB197/2019 (pages 328, 329) |
March 27, 2020 |
| Open Meetings |
Oklahoma |
|
Legal guidance - binding |
FAQ STATEMENT #1 FOR SB 661 AMENDING CERTAIN SECTIONS OF THE OKLAHOMA OPEN MEETING ACT |
|
http://www.oag.ok.gov/Websites/oag/images/SB%20661%20FAQs.pdf |
|
| Open Meetings |
Oklahoma |
|
Legal guidance - binding |
FAQ STATEMENT #2 FOR SB 661 AMENDING CERTAIN SECTIONS OF THE OKLAHOMA OPEN MEETING ACT |
|
http://www.oag.ok.gov/Websites/oag/images/SB%20661%20FAQ%202.pdf |
|
| Open Meetings |
Oklahoma |
|
Legislation enacted |
Senate Bill 661 |
"Senate Bill 661 temporarily amends the Oklahoma Open Meetings Act in order to allow boards, commissions and other groups the flexibility to conduct meetings by teleconference or videoconference in order to comply with the CDC recommendation that no more than 10 people gather together at this time." |
http://webserver1.lsb.state.ok.us/cf_pdf/2019-20%20ENR/SB/SB661%20ENR.PDF |
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| Open Meetings |
Pennsylvania |
Office of Open Records |
Legal guidance - binding |
|
|
|
|
| Public records |
Pennsylvania |
Office of Open Records |
Recommendation - non-binding |
|
|
|
|
| Open Meetings |
Rhode Island |
Governor |
Executive order or action |
EXECUTIVE ORDER 20-05 |
THIRD SUPPLEMENTAL EMERGENCY DECLARATION - PUBLIC MEETINGS AND PUBLIC RECORDS REQUESTS |
https://governor.ri.gov/documents/orders/Executive-Order-20-05.pdf |
March 16, 2020 |
| Open Meetings |
Rhode Island |
Governor |
Executive order or action |
EXECUTIVE ORDER 20-25 |
TWENTY-SECOND SUPPLEMENTAL EMERGENCY DECLARATION - PUBLIC MEETINGS AND PUBLIC RECORDS REQUESTS |
http://www.riag.ri.gov/documents/EO2005supersede.pdf |
April 15, 2020 |
| Public records |
Rhode Island |
Governor |
Executive order or action |
EXECUTIVE ORDER 20-05 |
THIRD SUPPLEMENTAL EMERGENCY DECLARATION - PUBLIC MEETINGS AND PUBLIC RECORDS REQUESTS |
https://governor.ri.gov/documents/orders/Executive-Order-20-05.pdf |
March 16, 2020 |
| Public records |
Rhode Island |
Governor |
Executive order or action |
EXECUTIVE ORDER 20-25 |
TWENTY-SECOND SUPPLEMENTAL EMERGENCY DECLARATION - PUBLIC MEETINGS AND PUBLIC RECORDS REQUESTS |
http://www.riag.ri.gov/documents/EO2005supersede.pdf |
April 15, 2020 |
| Open Meetings |
Tennessee |
Governor |
Executive order or action |
EXECUTIVE ORDER 16 |
Meetings may be held electronically but must remain open to the public. |
https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee16.pdf |
March 20, 2020 |
| Public records |
Texas |
Attorney General |
Legal guidance - binding |
Update: Calculation of Business Days and COVID-19 |
Section 552.233 of the Government Code permits a governmental body impacted by a catastrophe or disaster to suspend the applicability of the Act for up 14 calendar days. It is not necessary if the public body is not open. |
https://www.texasattorneygeneral.gov/open-government/governmental-bodies/catastrophe-notice/update-calculation-business-days-and-covid-19 |
|
| Open Meetings |
Texas |
Attorney General |
Legal guidance - binding |
Open Meeting Laws Subject to Temporary Suspension |
Statutory provisions requiring a quorum, physical posting of a meeting notice, or face-to-face interaction are suspended to allow for meetings by electronic means. |
https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/Open%20Meeting%20Laws%20Subject%20to%20Temporary%20Suspension.pdf |
March 16, 2020 |
| Open Meetings |
Utah |
Governor |
Executive order or action |
Temporarily Suspending Utah Administrative Code R671-302 Regarding Public Access to Board of Pardons and Parole Hearings |
|
https://rules.utah.gov/wp-content/uploads/Utah-Executive-Order-No.-2020-3.pdf |
March 17, 2020 |
| Open Meetings |
Vermont |
Attorney General |
Legal guidance - binding |
Vermont Attorney General’s Office Updated Guidance on the Vermont Open Meeting Law, Physical Distancing and COVID-19 |
Electronic participation in public meetings is allowed. The public must be able to attend electronically. Physical meeting place are not required. Emergency meetings are allowed. |
https://ago.vermont.gov/wp-content/uploads/2020/03/COVID-19-Open-Meeting-Law-Guidance.pdf |
March 30, 2020 |
| Open Meetings |
Washington |
Governor |
Executive order or action |
PROCLAMATION BY THE GOVERNOR AMENDING PROCLAMATION 20-05 20-28 Open Public Meetings Act and Public Records Act |
Subject to the conditions for conducting any meeting as required above, agencies are further prohibited from taking “action,” as defined in RCW 42.30.020, unless those matters are necessary and routine matters or are matters necessary to respond to the COVID-19 outbreak and the current public health emergency, until such time as regular public participation under the Open Public Meetings Act is possible. |
https://www.governor.wa.gov/sites/default/files/proclamations/20-28%20-%20COVID-19%20Open%20Govt%20Laws%20Waivers%20%28tmp%291.pdf |
March 24, 2020 |
| Open Meetings |
Washington |
Attorney General |
Legal guidance - binding |
UPDATED OPEN PUBLIC MEETINGS ACT GENERAL GUIDANCE FROM THE OFFICE OF THE ATTORNEY GENERAL REGARDING THE CORONAVIRUS DISEASE (COVID-19) EVENT |
Extends the waivers/suspensions of the OPMA and PRA statutes and statutory language Proclamation 20-28.1 |
http://mrsc.org/getmedia/36a6b6cf-2ee8-469c-b600-0b6a8fa141f7/w3agcoronaopma2.pdf.aspx |
May 6, 2020 |
| Public records |
Washington |
Attorney General |
Legal guidance - binding |
UPDATED OPEN PUBLIC MEETINGS ACT GENERAL GUIDANCE FROM THE OFFICE OF THE ATTORNEY GENERAL REGARDING THE CORONAVIRUS DISEASE (COVID-19) EVENT |
Extends the waivers/suspensions of the OPMA and PRA statutes and statutory language Proclamation 20-28.1 |
http://mrsc.org/getmedia/36a6b6cf-2ee8-469c-b600-0b6a8fa141f7/w3agcoronaopma2.pdf.aspx |
May 6, 2020 |
| Open Meetings |
West Virginia |
Ethics Commission |
Recommendation - non-binding |
Coronavirus and the Open Meetings Act |
Emergency Meeting
If a governing body needs to meet to discuss or vote on an issue relating to the coronavirus outbreak, the governing body may call an emergency meeting if immediate attention is required to address an issue relating to the same. (W. Va. Code § 6-9A-2(2)(A)).
A governing body must post an emergency meeting notice as soon as practicable prior to the meeting, and an emergency meeting agenda and minutes must include the facts and circumstances of the emergency. State agencies must electronically file a notice of the emergency meeting with the Secretary of State.
The governing body may only call an emergency meeting if it meets the emergency meeting test not because it is merely more convenient to hold an emergency meeting in lieu of a special or regular meeting.
Meeting telephonically or via live audio or visual stream
For emergency, special or regular meetings, a governing body may meet telephonically or via live audio or visual stream if members of the public may also attend. Open Meetings Act Opinion 1999-08.
The governing body may allow members of the public to attend by providing them access to a public meeting room in which they may at a minimum hear the telephonic or video meeting. For example, a governing body may have a speaker phone or a computer with audio or video feed in a city council meeting room.
It is the opinion of Ethics Commission staff that allowing citizens to attend a meeting in person is not required if the governing body determines, based upon guidance issued by the federal government, the state of West Virginia, the Centers for Disease Control and Prevention or other government agencies authorized to make these types of decisions, that it constitutes a public health risk to allow citizens to attend in person. The governing body may instead provide citizens with a call-in number for a telephonic meeting or provide access via web link to a livestream of the meeting. For example, governing bodies may meet via Skype or Webex or may stream a meeting on Facebook or other platforms. [This advice is based upon staff’s interpretation of Open Meetings Act Opinion 2010-02.] |
https://ethics.wv.gov/Pages/default.aspx |
|
| Open Meetings |
West Virginia |
Legal code |
Legal guidance - binding |
W. Va. Code § 6-9A-2(5) [Existing law |
"Meetings may be conducted by teleconference or other electronic means.” |
|
|
| Public records |
West Virginia |
|
Compliance expected as usual |
COMPLIANCE EXPECTED |
|
|
|
| Open Meetings |
Wisconsin |
Attorney General |
Legal guidance - binding |
Office of Open Government Advisory: Coronavirus Disease 2019 (COVID-19) and Open Meetings |
When an open meeting is held by teleconference or video conference, the public must have a means of monitoring the meeting. |
https://publicmeetings.wi.gov/content/documents/3.16.20_OOG%20Advisory_COVID-19_and_Open_Meetings.pdf |
|
| Public records |
Wyoming |
Attorney General |
Compliance expected as usual |
COMPLIANCE EXPECTED |
"With respect to the Public Records Act, it is still fully enforce. The only caveat is depending on which government agency or community you requesting records from the response time may be delayed given they are focused on responding to COVID-19 immediate issues." |
Source: email |
|