B. Any other statutory requirements for closed or open meetings.

Many of the statutes listed below contain an express, unconditional requirement that all meetings of the pertinent body be open to the public. The Alabama Supreme Court ruled, however, that these statutes must be read in pari materia with the former open meetings law, which permitted closure when the character or good name of a person was involved. Miglionico v. Birmingham News Co., 378 So. 2d 677, 680 (Ala. 1979). Because the former open meetings law has been repealed, these statutes probably should now be read in pari materia with the Alabama Open Meetings Act.

Likewise, notwithstanding the exceptions in the Alabama Open Meetings Act for closed discussions, a number of statutes specifically provide for closed meetings.

Statutes that provide expressly for open or closed meetings are as follows:

1. Agriculture

a. Open: Alabama Agricultural and Conservation Development Commission: All proceedings except that executive or secret sessions may be held when the character or good name of a person is involved. Ala. Code § 9-8A-3(e) (2001).

b. Open: Alabama Agricultural Development Authority: All meetings of the Board of the Authority. Ala. Code §  2-3A-7(b) (1999).

2. Attorneys and Judges

a. Open: Alabama Court of Judiciary: Hearings on a complaint — i.e., a formal written charge filed by the Judicial Inquiry Commission. Rules of Procedure of the Alabama Court of the Judiciary 9.

b. Closed: Alabama Judicial Inquiry Commission: All proceedings. Ala. Const. of 1901, amend. no. 328, §  6.17(b); see also id. amend. no. 581.

c. Closed: Alabama Judicial Inquiry Commission: All proceedings except the filing of a complaint with the Court of the Judiciary. Alabama Judicial Inquiry Commission Rules 5.

d. Closed: Alabama State Client Security Fund Committee: All proceedings involving applications for reimbursement, unless the lawyer whose alleged conduct gave rise to the claim for reimbursement requests that the matter be made public. Alabama State Bar Client Security Fund Rules 11.

3. Banking

a. Closed: State Banking Board: All proceedings regarding unsafe and unsound conditions at a bank and correction of those conditions, including proceedings for removal of a director or officer of a bank. Ala. Code §  5-2A-12 (1996); Op. Att’y Gen. Ala., 2009-106 (State Banking Board exempted from publicly voting to enter executive session and giving notice of executive session when deliberating issues enumerated in Ala. Code §§ 5-2A-12 and 5-8A-20);.

4. Conservation and Environmental Control

a. Open: Alabama Forever Wild Land Trust Board of Trustees: Annual meeting at which annual report is presented. Ala. Const. of 1901 amend. no. 543, §  5(d).

b. Closed: Solid waste disposal authorities: All meetings of the board. Ala. Code § 11-89A-6(c) (1994).

c. Open: Solid waste management plan: Meeting at which any determination is made by the local governing body of the proposed issuance of or modification of a permit for a new or existing solid waste management site or the proposal to contract for any services described in the solid waste management plan. Ala. Code §  22-27-48(a) (1997).

d. Open: Solid waste management plan: Any meeting at which the governing body of the jurisdiction adopts a request for waiver of a moratorium. Ala. Code § 22-27-49(a) (1997).

e. Open: Southeast Interstate Low-level Radioactive Waste Management Compact Commission: All meetings. Ala. Code § 22-32-1, art. IV, § d (1997).

5. Courts

a. Open: Bail: Bail hearings. Ala. Code §§ 15-13-142 and -143 (1995).

b. Closed: Civil court mediation: Mediation sessions. Alabama Civil Court Mediation Rules 10.

c. Closed: Court: Hearing on the merits of a petition to direct that the victim of a crime or any other witness not be compelled to testify or that facts that could divulge the identity of the victim or other related information not be revealed. Ala. Code §  15-23-69 (1995).

d. Open: Court: When a defendant in a criminal matter appears via audio-video communication device, rather than being physically present, for any proceeding that is required to be open to the public, television monitors shall be situated in the courtroom and at the place of incarceration to ensure the public, the court, and the defendant a clear view of the proceedings. Ala. Code §  15-26-6 (Supp. 2005).

e. Closed: Grand juries: All proceedings. Ala. Code §  12-16-214 (1995).

f. Open: Probate court: All hearings regarding petitions to commit persons to the custody of the Alabama Department of Public Health or such other facility because of a "notifiable disease" problem, unless the person sought to be committed or that person's attorney requests in writing that the hearings be closed. Ala. Code § 22-11A-31(4) (1997).

g. Open: Probate court: All hearings, including probable cause hearings, in relation to a petition to involuntarily commit a person to a state mental health institution, unless the subject of the petition or that person's attorney requests in writing that the hearings be closed. Ala. Code §  22-52-9(4) (1997).

6. Education

a. Open: County boards of education: Meetings. Ala. Code §§ 16-8-2 and -4 (2001).

b. Optional: Local boards of education: Hearing regarding cancellation of an employment contract with a teacher on continuing service status shall be public or private at the discretion of the teacher. Ala. Code § 16-24-9 (Supp. 2005).

c. Open: State Board of Education: Meeting at which textbooks are adopted. Ala. Code § 16-36-61 (2001).

7. Elections

a. Open: Political parties: Meetings for the purpose of nominating any candidate for public office, to be voted for in a general election in Alabama, or for the purpose of selecting delegates or other representatives to any convention that may select such candidates for public office, or for the purpose of selecting committeemen, representatives or other party officers. Ala. Code §  17-16-43(b) (1995).

8. Government, Local

a. Open: Boards of adjustment: All meetings. Ala. Code § 11-52-80(b) (1994).

b. Open: Board of commissioners in city commission form of government: Regular meetings, with a regular hour publicly announced. Ala. Code § 11-44-19 (1989).

c. Open: Board of commissioners in city commission form of government: All meetings at which any person not a city or town officer is present. Ala. Code § 11-44-21 (1989).

d. Open: Board of commissioners in city commission form of government: All meetings at which a resolution, bylaw or ordinance is enacted granting any franchise, appropriating any money for any purpose, providing for any public improvements, enacting any regulations concerning the public comfort, the public safety, or public health, or of any other general or permanent nature. Ala. Code § 11-44-31 (1989).

e. Open: Board of commissioners in city commission form of government, optional form A: Regular meetings and all meetings at which any person not a city or town officer is present. Ala. Code § 11-44-82 (1989).

f. Open: Board of commissioners in city commission form of government, optional form A: All meetings at which a resolution, bylaw or ordinance is enacted granting any franchise, appropriating any money for any purpose, providing for any public improvements, enacting any regulations concerning the public comfort, the public safety, or public health or of any other general or permanent nature. Ala. Code § 11-44-87 (1989).

g. Open: Board of commissioners in city commission form of government, optional form B: Regular weekly meetings, with the hour publicly announced. Ala. Code §  11-44-126 (1989).

h. Open: Board of commissioners in city commission form of government, optional form B: All regular and adjourned meetings, except for meetings held for the purpose of disciplining employees of the municipality. Ala. Code § 11-44-127 (1989).

i. Open: Board of commissioners in city commission form of government, optional form B: All meetings at which a resolution or ordinance is enacted granting any franchise, appropriating any money for any purpose (except ordinary payroll, monthly expense, and supply items), providing for any public improvements, enacting any regulations concerning the public comfort, public safety, or public health, or of any other general or permanent nature, with at least seven days' notice, except for emergency meetings that involve the public safety or public health when not otherwise provided by this section. Ala. Code § 11-44-136 (1989).

j. Open: City council in council-manager form of government: All meetings. Ala. Code §  11-43A-21 (1989).

k. Open: City council in council-manager form of government: Regular meetings, with a regular date and hour publicly announced. Ala. Code § 11-43A-24 (1989).

l. Open: City council in council-manager form of government: All meetings, to the extent required by law. Ala. Code § 11-43A-87 (Supp. 2005) (Council-Manager Act of 1991).

m. Open: City council in council-manager form of government: Regular meetings, with a regular day and hour publicly announced. Ala. Code § 11-43A-90 (Supp. 2005) (Council-Manager Act of 1991).

n. Open: City council in mayor/commission/city manager form of government in class 5 municipalities: Regular meetings; every meeting at which a resolution, bylaw or ordinance is enacted granting any franchise, appropriating any money for any purpose, providing for any public improvements, concerning the public health, or of any other general or permanent nature. Ala. Code § 11-44E-51 (1989).

o. Open: City council in mayor/council form of government: Meetings. Ala. Code § 11-43-49 (1989).

p. Open: City council in mayor-council form of government in class 5 municipalities: All meetings. Ala. Code § 11-43C-25 (1989).

q. Open: City council in mayor-council form of government in class 5 municipalities: Regular weekly meetings, with a regular hour publicly announced. Ala. Code § 11-43C-28 (1989).

r. Open: City council in mayor-council form of government in class 4 municipalities: Regular meetings and adjourned, called, or other meetings, complying with all applicable law concerning open or public meetings. Ala. Code § 11-44B-6(a) and (b) (Supp. 2005).

s. Open: City council in mayor-council form of government in class 2 municipalities: All meetings. Ala. Code § 11-44C-25 (1989).

t. Open: City council in mayor-council form of government in class 2 municipalities: Regular weekly meetings, with the hour publicly announced; every meeting at which a resolution, bylaw or ordinance is enacted granting any franchise, appropriating any money for any purpose, providing for any public improvements, regulation concerning the public health, or of any general or permanent nature. Ala. Code § 11-44C-28 (1989).

u. Open: County commission: Meeting to establish the office of supernumerary county commissioner; notice, with intention, required. Ala. Code §  11-3-26(b) (1989).

9. Government, State

a. Open: Administrative procedure: Contested cases: Oral proceedings, unless private hearings are otherwise authorized by law. Ala. Code § 41-22-12(h) (2000).

b. Open: Alabama Housing Finance Authority Board: All meetings, with notice. Ala. Code § 24-1A-4(d) (2000).

c. Open: Alabama Shakespeare Festival Theatre Finance Authority: All meetings for any purpose. Ala. Code § 41-10-205(b) (2000).

d. Open: Beautification Board of the State of Alabama: All meetings. Ala. Code § 41-9-494 (2000).

10. Handicapped Persons

a. Open: Alabama Institute for Deaf and Blind: Meetings at which bids are taken or opened for all contracts for the sale or disposal of tangible personal property or standing timber owned by the Alabama Institute for Deaf and Blind. Ala. Code §  21-1-80 (1997).

11. Health Care

a. Open: Alabama Board of Examiners for Speech Pathologists and Audiologists: All meetings, except meetings for the Board to prepare, approve, grade, or administer examinations or, upon a request of an applicant who has failed an examination, to prepare a response indicating the reason for failure. Ala. Code § 34-28A-40(d) (2002).

b. Open: Alabama Board of Social Work Examiners: All meetings, with notice. Ala. Code § 34-30-56 (2002).

c. Closed: Alabama Impaired Physicians Committee: All proceedings. Ala. Code § 34-24-404 (2002).

d. Open: Alabama Public Health Finance Authority: Meetings to consider reduction of an allocation to a county or municipality by more than five percent or $50,000, whichever is less. Ala. Code § 22-3A-19(c)(3) (1997).

e. Open: Alabama State Board of Pharmacy: Meetings, with notice. Ala. Code § 34-23-91 (2002).

f. Open: County and municipal hospital authorities: All meetings of the board of directors, except as otherwise provided by law. Ala. Code § 22-21-175(d) (1997).

g. Closed: Driver License Medical Advisory Board: Meetings in which reports are received for the purpose of determining the medical condition of an applicant for license and registration. Ala. Code § 32-6-46 (1999).

h. Open: Interagency Coordinating Council for Early Intervention for Infants and Toddlers with Disabilities: Meetings. Ala. Code § 21-3A-4(e) (1997).

i. Closed: Physician/dentist/chiropractor peer review, utilization, and quality control committees: All proceedings. Ala. Code § 6-5-333(d) (1993).

j. Closed: State Board of Medical Examiners: Hearings of the Medical Licensure Commission. Ala. Code § 34-24-361.1 (2002).

k. Open: Statewide Health Coordinating Council: All meetings. Ala. Code § 22-4-7 (1997).

l. Closed: State Health Officer: All meetings of an expert review panel established to evaluate an infected health care worker and all hearings, administrative proceedings, and deliberations of the State Committee of Public Health in connection with the appeal from the final order of the State Health Officer regarding the infected health care worker. Ala. Code § 22-11A-63(d) and (g) (1997).

m. Closed: State Health Officer: All proceedings related to the investigation and review of any infected health care worker. Ala. Code § 22-11A-69(a) (1997).

12. Historic Preservation

a. Open: Historic preservation commissions and architectural review boards: Meetings of the commission, with notice. Ala. Code § 11-68-3(j) (1994).

b. Open: Historic preservation commissions and architectural review boards: All meetings of the commission at which applications for certificates of appropriateness are considered by the commission, with notice. Ala. Code § 11-68-9(d) (1994).

c. Open: Historic preservation commissions and architectural review boards: Meetings of the board, with notice. Ala. Code § 11-68-13(j) (1994).

13. Industry

a. Open: Boards of city commercial development authorities: All meetings for any purpose. Ala. Code § 11-54-178(c) (1994).

b. Open: City industrial development boards: Any meeting held for any purpose whatsoever. Ala. Code § 11-54-87(c) (1994).

c. Open: Promotion of economic and industrial development in certain counties and municipalities: Any meeting of the governing body of a county or municipality named in the amendment that approves the sale of real property acquired by authority of this amendment for a sale price less than its actual purchase and development cost. Ala. Const. of 1901, amend. no. 429(a).

14. Insurance

a. Optional: Department of Commissioner of Insurance: Hearings of grievances against the Department or its actions may be closed at the Commissioner's discretion, except that a hearing shall be open if so requested in writing by any party to the hearing. Ala. Code §  27-2-30(b) (1998).

15. Juveniles

a. Open: Child Abuse and Neglect Prevention Board: All meetings, with notice. Ala. Code §  26-16-5(a) (1992).

b. Closed: Court: All proceedings regarding a minor's petition for waiver of parental consent to abortion. Ala. Code § 26-21-4(i) (1992).

c. Closed: Department of Human Resources: Investigative hearing regarding child abuse or neglect allegedly committed by person connected with a child care facility. Ala. Code §  26-14-7.1(6) (Supp. 2005).

d. Closed: Juvenile proceedings: Delinquency, in need of supervision, and dependency hearings. Ala. Code § 12-15-65(a) (Supp. 2005).

e. Closed: Juvenile proceedings: Involuntary commitment hearings of minors or children. Ala. Code § 12-15-90(g)(4) (1995).

f. Closed: Youthful offenders: All proceedings within the juvenile system. Ala. Code §  15-19-1 et seq. (1995).

16. Pardons And Paroles

a. Open: Board of Pardons and Paroles: Any meeting of the Board at which the Board tentatively approves, grants, or orders any pardon, parole, remission of fine or other forfeiture or restoration of civil and political rights. Ala. Code §  15-22-23(b) (Supp. 2005).

17. Parks, Recreation and Racing

a. Open: Municipal racing commissions: All meetings of the host county house or senate delegation called or held to appoint members of the commission. Ala. Code §  11-65-5(a) (1994).

b. Closed: Municipal racing commissions: Deliberations to suspend or revoke any license, fine the holder of a license, or review the performance of a licensee, unless otherwise requested by the licensee. Ala. Code §  11-65-21 (1994).

c. Open: Public park and recreation boards: Any meeting held for any purpose whatsoever. Ala. Code §  11-60-7 (1994).

18. Railroads

a. Open: Northeast Mississippi-Northwest Alabama Railroad Authority Compact Board: Meetings. Ala. Code § 37-11A-1, art. IV (1992).

19. State Property and Contracts

a. Open: Alabama Department of Transportation: Meetings at which bids are taken or opened for the sale of surplus personal property. Ala. Code § 23-1-66(c) (2000).

b. Open: Competitive bidding on contracts of certain state and local agencies: Meetings at which bids are opened. Ala. Code §  41-16-54(b) (2000).

c. Open: Competitive bidding on public contracts: Meetings at which bids are opened. Ala. Code § 41-16-24 (2000).

d. Open: Disposition of surplus personal property owned by state: Meetings at which bids are taken or opened. Ala. Code § 41-16-123(3) (2000).

e. Open: State Department of Conservation and Natural Resources, Parks Division: Opening of all bids for contracts for the maintenance and operation of concessions within state park areas, at the hour stated in the notice. Ala. Code § 9-14-22 (2001).

f. Open: State Department of Conservation and Natural Resources, Lands Division: Acceptance and opening of bids for the sale or lease of state land. Ala. Code §  9-15-78 (2001).

20. Veterinarians

a. Open: Alabama State Board of Veterinary Medical Examiners: Meetings of the Board, except meetings for the Board to prepare, approve, administer, or grade examinations or to deliberate qualifications of a proceeding to discipline a licensed veterinarian or any other person licensed under this article. Ala. Code § 34-29-66(b)(6) (2002).