SB191 Alabama 2014 Session

Under existing law, the Open Meetings Act of 2005 specifically applies to quorums of committees and subcommittees of governmental bodies. In 2012, the Alabama Supreme Court, in a 5-4 decision, ruled that the Open Meetings Act did not apply to a series of committee or subcommittee gatherings at which discussions were conducted on matters that would later come before the full governmental body. In 2013, the Alabama Supreme Court ruled, in a 5-3 decision, that citizens do not have standing to bring suits under the Open Meetings Act if the civil penalty is paid to the state and there is no allegation of a likelihood of future violations. Also in 2013, the Alabama Supreme Court stated that there is no requirement that the Alabama Legislature hold open meetings

This bill would define and expressly prohibit serial meetings

This bill would further define the terms deliberation, governmental body, and meeting, to clarify that the Open Meetings Act of 2005 applies to meetings of the Alabama Legislature, committees, or subcommittees of governmental bodies involving the exchange of information or ideas among a quorum of members of the committee, subcommittee, or full governmental body intended to arrive at or influence a decision as to how any members of the governmental body should vote on a specific matter that, at the time of the exchange, the participating members expect to come before the committee, subcommittee, or full governmental body immediately following the discussion or at a later time

This bill would provide that both houses of the Alabama Legislature and their committees shall meet in public unless there is a public vote taken by the respective house or committee that the meeting requires secrecy

This bill would provide that private citizens may bring civil actions under the Open Meetings Act, that penalties may not exceed the greater of one thousand dollars or one-half the monthly salary of a defendant for service on the governmental body, and that the prevailing plaintiff shall receive any penalties awarded against the defendants

Relating to the Open Meetings Act of 2005; to amend Sections 36-25A-1, 36-25A-2, 36-25A-3, and 36-25A-9, Code of Alabama 1975, to define and prohibit serial meetings; to further define deliberation, governmental body, and meeting to apply to the exchange of information or ideas among a quorum of members of a committee, subcommittee, or full governmental body intended to arrive at or influence a decision as to how any members of the governmental body should vote on a specific matter that, at the time of the exchange, the participating members expect to come before the committee, subcommittee, or full governmental body immediately following the discussion or at a later time; to require the Alabama Legislature to meet with doors open to the public unless a motion to go into executive session is made and a vote is taken that secrecy is required under the circumstances; to provide that a violation of this chapter is a concrete and particularized injury to every citizen of Alabama; to provide for penalties assessed under this chapter payable to the prevailing plaintiff; and to provide a maximum penalty for each meeting not to exceed one thousand dollars or one-half of the defendant's monthly salary for service on the governmental body, whichever is greater.