Article · Government

The Vote Taken in the Parking Lot: How Open Meetings Law Actually Works

42 U.S.C. § 12132

Type
Article
Jurisdiction
National
Date
2024-12-28
Topic
Government

Every State requires the public's business to be done in public, and every State's version of that requirement is evaded in the same predictable ways. This article explains what counts as a meeting, why the answer turns on deliberation rather than on voting, and how the serial or walking quorum — a sequence of one-on-one conversations that assembles a decision without ever assembling a body — became the central problem of the field. It covers what notice and agendas must contain and why an agenda item reading "other business" is usually unlawful. It explains executive session: the narrow list of permitted subjects, the procedural steps that must precede a closure, and why the most common violation is not closing improperly but discussing something else once closed. It covers public comment as a First Amendment forum question, the right to record, and what remedies actually exist — including whether a violation voids the decision, which is the question everyone asks and the one with the least satisfying answer.

The Vote Taken in the Parking Lot: How Open Meetings Law Actually Works

Government > Open Meetings and Public Body Procedure | Published 28 December 2024 - Updated 3 July 2026 | UpLaw - uplaw.us

The meeting that was already over

Here is the scene that open meetings law exists to prevent, and that it still fails to prevent with some regularity.

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