Open Meetings Law

Open Meetings Law:

42:1. Public office defined

As used in this title, the term “public office” means any state,district, parish or municipal office, elective or appointive, or any position asmember on a board or commission, elective or appointive, when the office orposition is established by the constitution or laws of this state.

“Public officer” is any person holding a public office in thisstate.

Every public officer in this state except in case of impeachment orsuspension, shall continue to discharge the duties of his office until hissuccessor is inducted into office.

The term of office of all employees or officials elected by any state,district, parochial or municipal board shall not be for a longer period of timethan the term of office of the membership of the board electing them so thateach respective board shall elect its own officers and employees. This Sectiondoes not apply to the officers or employees of any board governed by a civilservice law of this state or of any parish or municipality thereof.

Each legislative member of a board or commission shall receive a per diemequal to the per diem provided by law for members of the legislature.

A. In all other cases, all public officers who are appointed by the Governorshall serve at the pleasure of the Governor. This Section shall not apply toofficers appointed by the Governor upon recommendation or from lists submittedby others where the law requires appointments to be so made, nor to those whoseterms of office are fixed by the constitution and those who are required by theconstitution to be appointed with the advice and consent of the Senate.

B. This Section shall not apply to the Louisiana State Board of PublicWelfare, the Louisiana Merit System Council, the Board of Review and the StateAdvisory Council of the office of employment security of the LouisianaDepartment of Labor.

It is essential to the maintenance of a democratic society that publicbusiness be performed in an open and public manner and that the citizens beadvised of and aware of the performance of public officials and thedeliberations and decisions that go into the making of public policy. Towardthis end, the provisions of R.S. 42:4.1 through R.S. 42:10 shall be construedliberally.

A. For the purposes of R.S. 42:4.1 through R.S. 42:12:

(1) “Meeting” means the convening of a quorum of a public body todeliberate or act on a matter over which the public body has supervision,control, jurisdiction, or advisory power. It shall also mean the convening of aquorum of a public body by the public body or by another public official toreceive information regarding a matter over which the public body hassupervision, control, jurisdiction, or advisory power.

(2) “Public body” means village, town, and city governingauthorities; parish governing authorities; school boards and boards of levee andport commissioners; boards of publicly operated utilities; planning, zoning, andairport commissions; and any other state, parish, municipal, or special districtboards, commissions, or authorities, and those of any political subdivisionthereof, where such body possesses policy making, advisory, or administrativefunctions, including any committee or subcommittee of any of these bodiesenumerated in this Paragraph.

(3) “Quorum” means a simple majority of the total membership of apublic body.

B. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not apply to chancemeetings or social gatherings of members of a public body at which there is novote or other action taken, including formal or informal polling of the members.

A. Every meeting of any public body shall be open to the public unless closedpursuant to R.S. 42:6, R.S. 42:6.1, or R.S. 42:6.2.

B. Each public body shall be prohibited from utilizing any manner of proxyvoting procedure, secret balloting, or any other means to circumvent the intentof R.S. 42:4.1 through R.S. 42:8.

C. All votes made by members of a public body shall be viva voce and shall berecorded in the minutes, journal, or other official, written proceedings of thebody, which shall be a public document.

A public body may hold executive sessions upon an affirmative vote, taken atan open meeting for which notice has been given pursuant to R.S. 42:7, oftwo-thirds of its constituent members present. An executive session shall belimited to matters allowed to be exempted from discussion at open meetings byR.S. 42:6.1; however, no final or binding action shall be taken during anexecutive session. The vote of each member on the question of holding such anexecutive session and the reason for holding such an executive session shall berecorded and entered into the minutes of the meeting. Nothing in this Section orR.S. 42:6.1 shall be construed to require that any meeting be closed to thepublic, nor shall any executive session be used as a subterfuge to defeat thepurposes of R.S. 42:4.1 through R.S. 42:8.

A. A public body may hold an executive session pursuant to R.S. 42:6 for oneor more of the following reasons:

(1) Discussion of the character, professional competence, or physical ormental health of a person, provided that such person is notified in writing atleast twenty-four hours before the meeting and that such person may require thatsuch discussion be held at an open meeting, and provided that nothing in thisSubsection shall permit an executive session for discussion of the appointmentof a person to a public body. In cases of extraordinary emergency, writtennotice to such person shall not be required; however, the public body shall givesuch notice as it deems appropriate and circumstances permit.

(2) Strategy sessions or negotiations with respect to collective bargaining,prospective litigation after formal written demand, or litigation when an openmeeting would have a detrimental effect on the bargaining or litigating positionof the public body.

(3) Discussion regarding the report, development, or course of actionregarding security personnel, plans, or devices.

(4) Investigative proceedings regarding allegations of misconduct.

(5) Cases of extraordinary emergency, which shall be limited to naturaldisaster, threat of epidemic, civil disturbances, suppression of insurrections,the repelling of invasions, or other matters of similar magnitude.

(6) Any meeting of the State Mineral Board at which records or mattersentitled to confidential status by existing law are required to be considered ordiscussed by the board with its staff or with any employee or other individual,firm, or corporation to whom such records or matters are confidential in theirnature, and are disclosed to and accepted by the board subject to suchprivilege, for the exclusive use in evaluating lease bids or developmentcovering state-owned lands and water bottoms, which exception is providedpursuant to and consistently with the Public Records Act, being Chapter I ofTitle 44 of the Louisiana Revised Statutes of 1950, as amended, and other suchstatutes to which the board is subject.

(7) Discussions between a city or parish school board and individual studentsor the parents or tutors of such students, or both, who are within thejurisdiction of the respective school system, regarding problems of suchstudents or their parents or tutors; provided however that any such parent,tutor, or student may require that such discussions be held in an open meeting.

(8) Or any other matters now provided for or as may be provided for by thelegislature.

B. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not apply tojudicial proceedings.

C. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not prohibit theremoval of any person or persons who willfully disrupt a meeting to the extentthat orderly conduct of the meeting is seriously compromised.

D. The provisions of R.S. 42:7 and R.S. 42:7.1 shall not apply to any meetingof a private citizens’ advisory group or a private citizens’ committeeestablished by a public body, when the members of such group or committee do notreceive any compensation and serve only in an advisory capacity, except testbookadvisory committees of the State Department of Education or the Board ofElementary and Secondary Education. However, all other provisions contained inR.S. 42:4.1 through 42:12 shall be applicable to such group or committee and thepublic body which established such group or committee shall comply with theprovisions of R.S. 42:7 in providing the required notice of meetings of suchgroup or committee.

A. Notwithstanding any contrary provision of R.S. 42:6 and R.S. 42:6.1,executive or closed meetings may be held by the legislature, either housethereof, or any committee or subcommittee of either house, upon the affirmativevote of at least a majority of the members of the house or the committee orsubcommittee thereof making the determination to hold such meeting, for one ormore of the following purposes:

(1) Discussion of confidential communications.

(2) Discussion of the character, professional competence, or physical ormental health of any person subject to contract with or to employment, election,or appointment or confirmation of appointment by either house of the legislatureor any committee or subcommittee of either or by any other public body.

(3) Strategy sessions or negotiations with respect to collective bargaining,prospective litigation after formal written demand, or litigation when an openmeeting would have a detrimental effect on the bargaining or litigating positionof the legislature, either house thereof, or any committee or subcommittee ofeither house.

(4) Discussion regarding a report, development, or course of action regardingsecurity personnel, plans, or devices.

(5) Investigations by the legislature, either house thereof, or by anycommittee or subcommittee thereof, including the Legislative Audit AdvisoryCouncil or any other joint or statutory committee, whenever reasonable groundsexist to believe that the testimony to be elicited will reflect a failure ofcompliance with law.

(6) Cases of extraordinary emergency, which shall be limited to naturaldisaster, threat of epidemic, civil disturbances, suppression of insurrections,the repelling of invasions, or other matters of similar magnitude.

(7) Discussion by either house of the legislature, or any committee orsubcommittee thereof, of any matter affecting the internal operations ormanagement of the body.

(8) Any other matters provided by law or pursuant to the joint rules of thelegislature.

B. All procedural matters pertaining to the necessity, purposes, or reasonsfor the holding of executive or closed meetings under the provisions of thisSection shall be in accordance with such rules as are adopted by each of thehouses of the legislature for the purpose.

C. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not apply to chancemeetings, social gatherings or other gatherings at which only presentations aremade to members of the legislature or members of either house thereof or of anycommittee or subcommittee if no vote or other action, including formal orinformal polling of members, is taken.

A. (1)(a) All public bodies, except the legislature and its committees andsubcommittees, shall give written public notice of their regular meetings, ifestablished by law, resolution, or ordinance, at the beginning of each calendaryear. Such notice shall include the dates, times, and places of such meetings.

(b)(i) All public bodies, except the legislature and its committees andsubcommittees, shall give written public notice of any regular, special, orrescheduled meeting no later than twenty-four hours before the meeting.

(ii) Such notice shall include the agenda, date, time, and place of themeeting, provided that upon approval of two-thirds of the members present at ameeting of a public body, the public body may take up a matter not on theagenda.

(iii) Following the above information there shall also be attached to thewritten public notice of the meeting, whether or not such matters will bediscussed in an executive session held pursuant to R.S. 42:6.1 (A)(2):

(aa) A statement identifying the court, case number, and the parties relativeto any pending litigation to be considered at the meeting.

(bb) A statement identifying the parties involved and reasonably identifyingthe subject matter of any prospective litigation for which formal written demandhas been made that is to be considered at the meeting.

(iv) In cases of extraordinary emergency, such notice shall not be required;however, the public body shall give such notice of the meeting as it deemsappropriate and circumstances permit.

(2) Written public notice given by all public bodies, except the legislatureand its committees and subcommittees, shall include, but need not be limited to:

(a) Posting a copy of the notice at the principal office of the public bodyholding the meeting, or if no such office exists, at the building in which themeeting is to be held; or by publication of the notice in an official journal ofthe public body no less than twenty-four hours before the meeting.

(b) Mailing a copy of the notice to any member of the news media who requestsnotice of such meetings; any such member of the news media shall be given noticeof all meetings in the same manner as is given to members of the public body.

B. Reasonable public notice of day to day sessions of either house of thelegislature, and of all matters pertaining to such meetings, including but notnecessarily restricted to the content of notices, quorums for the transaction ofbusiness, proxy voting, viva-voce votes, and recordation of votes, shall begoverned by the provisions of the Louisiana Constitution, the rules of procedureof the Senate and the House of Representatives, and the Joint Rules applicableto both houses. Reasonable public notice of meetings of legislative committeesand subcommittees shall be given in accordance with such rules as are adopted bythe respective houses for the purpose.

A. All public bodies shall keep written minutes of all of their openmeetings. The minutes to be kept by the legislature and legislative committeesand subcommittees shall be governed by the provisions of R.S. 42:7.2. Theminutes of all other public bodies shall include but need not be limited to:

(1) The date, time, and place of the meeting.

(2) The members of the public body recorded as either present or absent;

(3) The substance of all matters decided, and, at the request of any member,a record, by individual member of any votes taken.

(4) Any other information that the public body requests be included orreflected in the minutes.

B. The minutes shall be public records and shall be available within areasonable time after the meeting, except where such disclosures would beinconsistent with R.S. 42:6, R.S. 42:6.1, and R.S. 42:6.2, or rules adoptedunder the provisions of R.S. 42:7.2.

A. The journals of the proceedings of each of the houses of the legislature,as required to be kept by the provisions of Article III, Section 10(B) of theLouisiana Constitution, shall constitute the written minutes of open sessions ofthe Senate and of the House of Representatives.

B. The written minutes of standing, interim, joint, and other committees andsubcommittees of the Senate and House of Representatives shall include suchinformation as may be required by the rules of the respective houses.

A. All or any part of the proceedings in a public meeting may be video ortape recorded, filmed, or broadcast live.

B. A public body shall establish standards for the use of lighting, recordingor broadcasting equipment to insure proper decorum in a public meeting.

Any action taken in violation of R.S. 42:4.1 through R.S. 42:8 shall bevoidable by a court of competent jurisdiction. A suit to void any action must becommenced within sixty days of the action.

A. The attorney general shall enforce the provisions of R.S. 42:4.1 throughR.S. 42:8 throughout the state. He may institute enforcement proceedings on hisown initiative and shall institute such proceedings upon a complaint filed withhim by any person, unless written reasons are given as to why the suit shouldnot be filed.

B. Each district attorney shall enforce the provisions of R.S. 42:4.1 throughR.S. 42:8 throughout the judicial district within which he serves. He mayinstitute enforcement proceedings on his own initiative and shall institute suchproceedings upon a complaint filed with him by any person, unless writtenreasons are given as to why the suit should not be filed.

C. Any person who has been denied any right conferred by the provisions ofR.S. 42:4.1 through R.S. 42:8 or who has reason to believe that the provisionsof R.S. 42:4.1 through R.S. 42:8 have been violated may institute enforcementproceedings.

A. In any enforcement proceeding the plaintiff may seek and the court maygrant any or all of the following forms of relief:

(1) A writ of mandamus.

(2) Injunctive relief.

(3) Declaratory judgment.

(4) Judgment rendering the action void as provided in R.S. 42:9.

(5) Judgment awarding civil penalties as provided in R.S. 42:13.

B. In any enforcement proceeding the court has jurisdiction and authority toissue all necessary orders to require compliance with, or to preventnoncompliance with, or to declare the rights of parties under the provisions ofR.S. 42:4.1 through R.S. 42:12. Any noncompliance with the orders of the courtmay be punished as contempt of court.

C. If a person who brings an enforcement proceeding prevails, he shall beawarded reasonable attorney fees and other costs of litigation. If such personprevails in part, the court may award him reasonable attorney fees or anappropriate portion thereof. If the court finds that the proceeding was of afrivolous nature and was brought with no substantial justification, it may awardreasonable attorney fees to the prevailing party.

A. Enforcement proceedings shall be instituted in the district court for theparish in which the meeting took place or will take place.

B. Enforcement proceedings shall be tried by preference and in a summarymanner. Any appellate court to which the proceeding is brought shall place it onits preferential docket, shall hear it without delay, and shall render adecision as soon as practicable.

Any member of a public body who knowingly and wilfully participates in ameeting conducted in violation of R.S. 42:4.1 through R.S. 42:8, shall besubject to a civil penalty not to exceed one hundred dollars per violation. Themember shall be personally liable for the payment of such penalty. A suit tocollect such penalty must be instituted within sixty days of the violation.