A number of political newcomers now hold leadership positions in area city and county governments.
As those freshmen office-holders prepare to roll up their sleeves and go to work for those who put them in office or hired them, they may not be aware of some of their responsiblities to the public.
Over the next few weeks, the NEA Town Courier will be distributing Freedom of Information Act handbooks to local leaders to educate them on what the law requires regarding public records and public meetings.
FOIA's intent is to ensure the public's business is done in public, not behind closed doors or in secret. Many violators just simply do not know the law, which is not just a tool for members of the media, but anyone who wants a copy of a public record or is interested in attending a particular meeting.
According to the law, all governmental entities are subject to the FOIA, as is a private entity if it receives public funds and is intertwined with the activities of government.
A common question is what constitutes a meeting?
“Any meeting, formal or informal, regular or special, of a governing body including sub-bodies,” the FOIA handbook reads. “A quorum of the governing body need not be present for the meeting to be subject to the FOIA. If two members meet informally to discuss past or pending business, that meeting may be subject to the FOIA. This question will turn on the facts of each case.”
An exemption is executive session, though there are restrictions.
“A closed meeting, called an ‘executive session,’ may be held ‘for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee,’” the handbook reads. “In contrast, an executive session to consider general salary matters, an across the board pay increase, or the overall performance of employees as a group is not permissible...”
Who may attend a closed meeting?
“Only the top administrator in an agency, the employee’s immediate supervisor, the employee in question, and any person being interviewed for the top administrative position in the agency involved,” the handbook reads. “Neither the agency’s attorney nor the employee’s attorney may attend an executive session.”
Special meetings require a two-hour notice to media, though citizens may request to be notified of regular meetings.
Also, public records “must be made available immediately unless in active use or storage, in which case they must be made available within three working days of the request,” according to the FOIA handbook.
A person who “negligently violates” the FOIA is guilty of a Class C misdemeanor.