M1D3C

There do not appear to be any cases or authorities addressing text messages as meetings at this time, and in general, the same considerations set forth in [Open Meetings] §I.D.3.b above concerning e-mails should be applicable.

The OMA does not address text messages and does not permit meetings to be conducted by text message. See Ky. Rev. Stat. 61.810(2).

Simultaneous communication between a quorum of a governing body through text messages may be considered a meeting subject to the open meetings law. See N.D. Op. Att’y Gen. 2007-O-14 (2007)

The same reasoning that applies to email communications in Section I(D)(3)(b) above would apply to text messages as well.

No specific provision, but “meeting” is defined as “the convening of a quorum of a public body,” so text messaging between persons could be subject to the Open Meetings law only if the people exchanging messages constituted a quorum of the public body.

There is no statutory or case law addressing this issue.

There is no statutory or case law concerning text messages, specifically, but the Attorney General has opined that sequential electronic discussions could be considered meetings under the FOIA. Ark. Op. Att’y Gen. No. 2008-055.

There are no decisions on whether text messages constitute a meeting, but the purpose of the public meetings law is broad and would prevent the use of electronic means to hold meetings.  “It is further the intent of the Legislature that clandestine meetings, conferences or meetings held on private property without proper notice and ample opportunity for attendance by the public not be used to defeat the purposes of this subchapter.”  1 M.R.S.A. § 401.

There is no statutory or case law addressing this issue.

Use of text messaging by a majority of the legislative body, either directly or through intermediaries, “to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body” would violate the Brown Act.  Cal. Gov't Code § 54952.2(b).