1. State

The Alabama Open Meetings Act applies to boards, bodies, and commissions of the executive and legislative departments of the state or its political subdivisions or municipalities which expend or appropriate public funds; all multimember governing bodies of departments, agencies, institutions, and instrumentalities of the executive and legislative departments of the state or its political subdivisions or municipalities, including, without limitation, all corporations and other instrumentalities whose governing boards are comprised of a majority of members who are appointed or elected by the state or its political subdivisions, counties, or municipalities; all quasi-judicial bodies of the executive and legislative departments of the state; and all standing, special, or advisory committees or subcommittees of, or appointed by, the body.  Ala. Code § 36-25A-2(4). It does not apply to legislative caucuses or coalitions, state appellate or trial courts, or voluntary membership associations comprised of public employees, retirees, counties, municipalities, or their instrumentalities which have not been delegated any legislative or executive functions.

As provided in these definitions, meetings of state government entities are subject to the open meetings law.

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The FOIA applies to the “governing bodies” of “all boards, bureaus, commissions, or organizations of the State of Arkansas.” Ark. Code Ann. § 25-19-106(a). See, e.g., Arkansas Gazette Co. v. Pickens, 258 Ark. 69, 522 S.W.2d 350 (1975) (holding FOIA applied to board of trustees of state university). Generally, a group that has ultimate decision-making or policy-making authority is a governing body. Ark. Op. Att’y Gen. Nos. 2014-124, 2006-059, 2003-170. If decision-making authority has been delegated by the governing body to a committee or other group, the open meetings requirement goes along with the delegation. Baxter Cnty. Newspapers Inc. v. Med. Staff of Baxter Gen. Hosp., 273 Ark. 511, 622 S.W.2d 495 (1981); Ark. Gazette Co. v. Pickens, 258 Ark. 69, 522 S.W.2d 350 (1975); Ark. Op. Att’y Gen. Nos. 2002-092, 98-103.

The Bagley-Keene Act applies to a "state body." A "state body" is:

(1) every state board, commission or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order. Cal. Gov't Code § 11121;

(2) a board, commission, committee or similar multimember body that exercises any authority of a state body delegated to it by that state body. Cal. Gov't Code § 11121(b);

(3) an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action and of the state body or of any members of the state body, and if the advisory body so created consists of three or more persons. Cal. Gov't Code § 11121(c);

(4) a board, commission, committee or similar multimember body on which a member of a body that is a state body pursuant to this section serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation. Cal. Gov't Code § 11121(d); and,

(5) the California State Bar. Cal. Gov’t Code § 11121(e).

Colo. Rev. Stat. § 24-6-402(1)(d) defines a "state public body" subject to the Sunshine Law as any board, committee, commission, or other advisory, policy-making, rule-making, decision-making, or formally constituted body of any state agency or authority, as well as to the general assembly (legislature). Also included within this definition are the governing board of any state institution of higher education, specifically including the Regents of the University of Colorado, and any public or private entity to which the state, or an official thereof, has delegated a governmental decision-making function, but not persons on the administrative staff of the state public body.

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State governmental bodies are covered by the Act. See Del. Op. Att’y Gen., No. 99-ib16 (Dec. 17, 1999) (addressing alleged violations of the Delaware Department of Transportation).

Not applicable.

State agencies and authorities are subject to the Sunshine Act.  See section re “What governments are subject to the law?” above.

The Act applies to “every state department, agency, board, bureau, office, commission, public corporation and authority.” O.C.G.A. § 50-14-1(a)(1)(A).

Yes. The definition expressly includes state entities, id. § 92-2, to which the law applies. Id. § 92-71 (1996).

In Safe Air for Everyone v. Idaho State Dept. of Agriculture, et al, 145 Idaho 164, 177 P.3d 378 (2008), the Idaho Supreme Court was asked to consider whether the Open Meetings Act applied when Department of Agriculture employees attended an intergovernmental meeting to discuss issues related to crop residue burning.  After noting that the crop residue disposal program was not a sub-agency of the Department of Agriculture, the court turned its attention to the definition of “governing body” under Idaho Code § 67-2341(5) [now Idaho Code § 74-202(5)].   The court held that since a “governing body” must have “the authority to make decisions for or recommendations to a public agency regarding any matter and because the employees at issue did not have “the authority” to make decisions for or recommendation to the Department of Agriculture, they did not constitute members of a “governing body” subject to the requirements of the Open Meetings Act.  “The legislature has required that various bodies and commissions transact business at a meeting where a quorum is present.  It has not imposed that requirement upon groups of public employees.”  Safe Air for Everyone, 145 Idaho at 168 (internal citations omitted).

State agencies are included under the Act. Ind. Code § 5.14-1.5-2(a).

The statute applies. While state government is created, not by statute, but by constitutional provision (Iowa Const. Arts. III, IV and V), the state has never sought to argue that it is exempt from compliance.

State governments are subject to the law. K.S.A. 75-4318(a).

The Open Meetings Act applies to the governing bodies of state agencies. See Ky. Rev. Stat. 61.810(1).

State boards, commissions, and authorities, as well as any political subdivisions thereof, are subject to the law. La. Rev. Stat. Ann. § 42:13(3): “‘Public body’ means . . . any other state, . . . boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies enumerated in this paragraph.”

The State of Maine is subject to the Act.  The bodies subject to the Act include the board or commission of any state agency or authority.  1 M.R.S.A. § 402(2)(B).  The bodies subject to the Act also include the Maine Legislature and its committees and subcommittees.   Id. § 402(2)(A).  Bodies created by the State that have only advisory functions are also subject to the Act, unless specifically exempted by the law or by the executive order creating the body.  1 M.R.S.A. § 402(2)(F).

Entities consisting of at least two persons and created by the Maryland Constitution, a state statute, ordinance, rule, resolution, bylaw or an executive order of the Governor are public bodies subject to the Act. § 3-101(h)(1). In addition, public bodies include all multimember boards, commissions or committees appointed by the Governor or chief executive authority of a political subdivision of the State, or appointed by an official who is subject to the policy direction of the Governor or chief executive authority, if the entity consists of two or more persons not employed by the state. § 3-101(h)(2)(i). Additionally, any multimember boards, commissions or committees appointed by an entity in the Executive Branch of the State government, with its members appointed by the Governor, or by an official who is subject to the policy direction of such entity, is also a public body, so long as its members include at least two individuals who are not members of the appointing entity or employed by the State.  § 3-301(h)(2)(ii).  Judicial nominating commissions, grand juries, the Appalachian States Low Level Radioactive Waste Commission, the Governor's cabinet, the Governor’s Executive Council or any committee of the Executive Council are specifically exempt from the Act. § 3-101(h)(3).

Subject to the law.  All state executive and legislative branch multiple-member boards, commissions, committees, and subcommittees established to serve a “public purpose” are “public bodies” subject to the law.  G.L. c. 30A, § 18. This specifically includes the governing board or body of any other authority established by the general court (a/k/a the legislature) to serve a public purpose in the commonwealth or any part thereof.  If a body meets these criteria, it is subject to the law no matter how it was created, no matter how it is constituted, and no matter whether its members are elected or appointed. Id. (A “subcommittee” is defined to include “any multiple-member body created to advise or make recommendations to a public body.” Id.)

Excluded from the law.  The general court (legislature) itself is not a “public body,” and therefore is excluded from the Open Meeting Law’s scope, as are committees or recess commissions of the general court (legislature).  Bodies of the judicial branch are also not “public bodies” covered by the law.  Also excluded are any bodies “appointed by a constitutional officer solely for the purpose of advising a constitutional officer.”  G.L. c. 30A, § 18 (definition of “public body”).  Finally, the statute contains an additional provision specifically stipulating that “the board of bank incorporation” and the “policyholders protective board” are not public bodies, and, thus, they too are not subject to the Open Meeting Law.  Id.

See above.

"Any state agency, board, commission, or department when required or permitted by law to transact public business in a meeting" shall do so in an open meeting. Minn. Stat. § 13D.01, subd. 1(a). The Minnesota Supreme Court has explicitly held that the University of Minnesota Board of Regents are subject to the provisions of the law.  Star Tribune Co. v. University of Minnesota Bd. of Regents, 683 N.W.2d 274, 281 (Minn. 2004).

Public bodies subject to the Act include any "any executive or administrative board, commission, authority, council, department, agency, bureau or any other policymaking entity, or committee thereof, of the State of Mississippi, or any political subdivision or municipal corporation of the state, whether the entity be created by statute or executive order, which is supported wholly or in part by public funds or expends public funds, and any standing, interim or special committee of the Mississippi Legislature." § 25-41-3(a).

Yes, see Mo.Rev.Stat. § 610.010(4).

Both the state Constitution and the implementing statute guarantee access to any state, county, local, or municipal governmental body.

See above.

Any administrative, advisory, executive or legislative body of the State is covered by the OML. NRS 241.015(4)(a). However, the Legislature of the State of Nevada is excluded from the OML as are Legislative committees. NRS 241.016(2)(a).

Yes, see RSA 91-A:1-a.

The provisions of the Open Public Meetings Act (“OPMA”) apply to all levels of government in New Jersey — state, county and local or municipal.

See § 10-15-1(B), NMSA 1978.

State governmental entities are subject to the OML. See, e.g., New York University v. Whalen, 46 N.Y.2d 734, 386 N.E.2d 245, 413 N.Y.S.2d 637 (1978) (state health commissioner and state hospital review and planning council); Bowen v. State Commission of Correction, 104 A.D.2d 238, 484 N.Y.S.2d 210 (3d Dep’t 1984) (state commission of correction).

Covered.

Subject to the law.

State and local governments. Ohio Rev. Code § 121.22(B)(1) (public bodies subject to the law include "[a]ny board, commission, committee, council, or similar decision-making body of a state agency . . . and any . . . board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision").

However, where a local government has a home rule charter that does not provide for as much public access as the sunshine law, some lower appellate courts hold that the charter prevails over the sunshine law. Hills & Dales Inc. v. City of Wooster, 4 Ohio App. 3d 240, 448 N.E.2d 163 (Wayne 1982); City Comm'n of Piqua v. Piqua Daily Call, 64 Ohio App. 2d 222, 412 N.E.2d 1331 (Miami 1979).

The Ohio Supreme Court has not decided that issue, but has applied the sunshine law to local governments with home rule charters where there was no direct conflict between the charter and the sunshine law, such as where the charter provides for greater public access than the sunshine law. State ex rel. Cincinnati Post v. City of Cincinnati, 76 Ohio St. 3d 540, 668 N.E.2d 903 (1996); State ex rel. Inskeep v. Staten, 74 Ohio St. 3d 676, 660 N.E.2d 1207 (1996); State ex rel. Fenley v. Kyger, 72 Ohio St. 3d 164, 648 N.E.2d 493 (1995); State ex rel. Plain Dealer Publishing Co. v. Barnes, 38 Ohio St. 3d 165, 527 N.E.2d 807 (1988).

All boards, bureaus, commissions, agencies, etc. of the state except the state judiciary, state legislature and administrative staff of public bodies, when the administrative staff is not meeting with the public body, are covered. 25 O.S. § 304.1.

The state is subject to the Public Meetings Law. See supra.

Yes.

The OML applies to meetings of all public bodies, which are defined as “any department, agency, commission, committee, board, council, bureau, or authority or any subdivision thereof of state or municipal government, and shall include all authorities defined in R.I. Gen. Laws § 42-35-1(2).”  R.I. Gen. Laws §  42-46-2(3). However, any political party, organization, or unit thereof meeting or convening is not and should not be considered to be a public body.  Id.

Yes.

Subject to law.

State governing bodies are subject to the law. However, the Act does not apply to the Tennessee General Assembly. Mayhew v. Wilder, 46 S.W.3d 760 (Tenn. Ct. App. 2001).

Section 551.001(3)(A) defines a state "governmental body" as "a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members." This definition has been interpreted broadly. For example, in Gulf Reg’l Educ. Television Affiliates v. Univ. of Houston, 746 S.W.2d 803, 809 (Tex. App.—Houston [14th Dist.] 1988, writ denied), the appellate court found that an auxiliary enterprise of a state university was a governmental body subject to the Act because its board of directors formulated policy, spent public funds, and operated with little control or supervision by the university. The court held that before the Act is applicable to a meeting of a statewide public body, five prerequisites must be met: "(1) The body must be an entity within the executive or legislative department of the state; (2) The entity must be under the control of one or more elected or appointed members; (3) The meeting must involve formal action or deliberation between a quorum of members[;] (4) The discussion or action must involve public business or public policy[; and] (5) The entity must have supervision or control over that public business or policy." Id. The Act does not, however, extend to the judicial branch of state government, although the meetings of the State Bar of Texas board of directors and the Board of Law Examiners must comply with the Act pursuant to Tex. Gov't Code. Sections 81.021 and 82.003.

State governments and their advisory committees are subject to the Open Meetings Act. See Utah Code § 52-4-103(9)(a).

Yes.  The Vermont Open Meeting Law is applicable to “any board, council, or commission of the State or one or more of its political subdivisions, any board, council, or commission of any agency, authority, or instrumentality of the State or one or more of its political subdivisions, or any committee of any of the foregoing boards, councils, or commissions” with the exception of “councils or similar groups established by the Governor for the sole purpose of advising the Governor with respect to policy.”  1 V.S.A. § 310(4).

State entities are subject to the Act.

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Any "governing body" of a state agency, political subdivision or special district is covered. Wyo. Stat. § § 16-4-403 - 16-4-406 (1977, Rev. 1982); Wyo. Att'y Gen. Op. 73-17 (1973). "'Governing body'" means a "multimember" board, commission, committee, council or other policy or rulemaking body of an agency. Wyo. Att'y Gen. Op. 73-17 (1973). The legislature and the courts are expressly exempt.