2. County

The Alabama Open Meetings Act applies to boards, bodies, and commissions of the executive and legislative departments of counties, and to multimember governing bodies of departments, agencies, institutions, and instrumentalities of the executive and legislative departments of counties. Ala. Code § 36-25A-2(4); see, e.g., Op. Att’y Gen. Ala., No. 2006-122 (county hospital board subject to the Alabama Open Meetings Act).

Borough. Alaska, of course, does not have counties as political subdivisions, but does have boroughs, which are clearly encompassed by the definitions set forth above providing for coverage of the OMA.

(This section is blank. See the point above.)

The “governing bodies of all . . . counties” are subject to the act. Ark. Code Ann. § 25-19-106(a). See Ark. Op. Att’y Gen. Nos. 2000-260 (discussing FOIA as applied to county economic development corporation), 2000-287 (county board of equalization is subject to FOIA’s open meeting requirement). Grand juries are expressly excluded. Ark. Code Ann. § 25-19-106(a).

The Brown Act applies to the legislative body of any county, city, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency, notwithstanding the conflicting provisions of any other state law. Cal. Gov't Code §§ 54951, 54958.

Boards of County Commissioners are to meet in open sessions by the provisions of Colo. Rev. Stat. § 30-10-302. That section provides that "all persons conducting themselves in an orderly manner may attend its meetings." This section was not repealed by S.B. 91-33.

This does not require that the doors to the meetings be kept physically open, only that free public access be allowed. Allen v. Board of Comm'rs, 178 Colo. 354, 497 P.2d 1026 (1972).

An exception to the requirement of open meetings exists for the "day-to-day oversight of property or supervision of employees by county commissioners." Colo. Rev. Stat. § 24-6-402(2)(f).

(This section is blank. See the point above.)

County governmental bodies are covered by the Act. See Del. Op. Att’y Gen., No. 02-ib22 (Sept. 13, 2002) (addressing alleged violations by the New Castle County Council).

Not applicable.

County agencies and authorities are subject to the Sunshine Act.  See section re “What governments are subject to the law?” above.  In addition, the Sunshine Law has been specifically applied to the actions of county school boards.  See Finch v. Seminole Cty. Sch. Bd., 995 So. 2d 1068, 1071 (Fla. 5th DCA 2008) (citing Knox v. Dist. Sch. Bd. of Brevard, 821 So. 2d 311 (Fla. 5th DCA 2002); Mitchell v. Sch. Bd. of Leon Cty., 335 So. 2d 354 (Fla. 1st DCA 1976)).

The Act applies to every county of the state and “every department, agency, board, bureau, office, commission, authority or similar body of each such county.” O.C.G.A. § 50-14-1(a)(1)(B)-(D).

Yes. The definition of "board" refers to "political subdivisions" of the state, encompassing entities of county government. Haw. Rev. Stat. § 92-2. The law applies to all political subdivisions of the State, id. § 92-71, and should be liberally construed to apply to governmental bodies created solely by county charter. Applicability of the State Sunshine Law to the County Councils and the Presentation of Oral or Written Testimony on Agenda Items, Att'y Gen. Op. No. 86-5, at 4 (Feb. 10, 1986) (pointing to legislative history and Section 92-71 to construe the requirement per the law's definitions that a "board" be established by constitution to include governmental bodies created by county charters).

At least one county concurs that the law applies to its entities. In a memo to "all departments, boards, and commissions" of the City and County of Honolulu, Deputy Corporation Counsel William Kahane stated that every meeting of a board, "defined as any temporary or permanent agency, authority, board, commission, or committee of the City" is covered by the law "if that board requires a quorum to conduct official business." Honolulu Corp. Counsel Memo. (July ll, 1975) (Corporation Counsel, in response to a request from then-Councilmember Marilyn Bornhorst, issued an updated version of these guidelines February 13, 1985); cf. Haw. Rev. Stat. §§ 92-2.

County Boards of Commissioners are subject to the Open Meeting Law.  See Noble v. Kootenai County, 148 Idaho 937, 942, 231 P.3d 1034, 1039 (2010).

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

County governments are statutory creatures. See generally Iowa Code Chapter 331 (County Home Rule Implementation). Accordingly, they are subject to the open meetings law.

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

The Open Meetings Act applies to "every county and city governing body, council, school district board, special district board and municipal corporation." Ky. Rev. Stat. 61.805(2)(c). "Any body created by or pursuant to state or local statute, executive order, ordinance, resolution or other legislative act in the legislative or executive branch of government" is also subject to the Act. Ky. Rev. Stat. 61.805(2)(e).

Parish (County) governing authorities, school boards and boards of levee and port commissioners, and any other parish boards, commissions or authorities, as well as any political subdivisions thereof, are subject to the law. La. Rev. Stat. Ann. § 42:13(3): “‘Public body’ means . . . parish governing authorities; school boards and boards of levee and port commissioners; boards of publicly operated utilities; planning, zoning, and airport commissions; and any other . . . parish . . . 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.”

Any board, commission, agency or authority of any county is subject to the Act. 1 M.R.S.A. § 402(2)(C).

Entities consisting of at least two individuals and created by a county charter, ordinance, rule, resolution or bylaw, or by an executive order of the chief executive authority of a political subdivision of the State are "public bodies" subject to the provisions of the Act. § 3-101(h)(1). In addition multimember boards, commissions or committees appointed by the chief executive authority of a political subdivision of the State and having at least two individuals not employed by the subdivision are also public bodies. § 3-101(h)(2). However, a local government's counterpart to the Governor’s cabinet, Executive Council or any committee of the counterpart of the Executive Council are specifically exempt. § 3-101(h)(3).

All county-level multiple-member boards, commissions, committees, and subcommittees established to serve a public purpose are subject to the law. It does not matter how the body was created or how it is constituted, and it does not matter whether the body’s members are elected or appointed. (A “subcommittee” is defined to include “any multiple-member body created to advise or make recommendations to a public body.”) G.L. c. 30A, § 18 (definition of “public body”).

See above.

The Open Meeting Law also applies to "the governing body of a school district however organized, unorganized territory, county, statutory or home rule city, town, or other public body," and any committee, subcommittee, board, department, or commission of any public body. Minn. Stat. § 13D.01, subds. 1(b) and (c).

Yes. § 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.

County governments are covered by the OML. NRS 241.015(4)(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.

County governmental entities are subject to the law. See, e.g., Britt v. Cty. of Niagara, 82 A.D.2d 65, 440 N.Y.S.2d 790 (4th Dep’t 1981) (county legislature); Village of Great Neck Plaza v. Nassau Cty. Rent Guidelines Bd., 69 A.D.2d 528, 418 N.Y.S.2d 796 (2d Dep’t 1979) (county rent guidelines board created by local legislative body); Orange Cty. Publications v. Cty. of Orange, No. 5686/78 (Sup. Ct., Orange Cty., Oct. 26, 1983) (county legislative subcommittee); In re Holdsworth, No. 80-1180 (Sup. Ct., Tompkins Cty., Nov. 13, 1980) (county board of representatives).

Covered.

Subject to the law.

Counties are subject to the law. State ex rel. Fairfield Leader v. Ricketts, 56 Ohio St. 3d 97, 564 N.E.2d 486 (1990) (board of county commissioners); Ohio Rev. Code § 121.22(B)(1).

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 governs over the sunshine law. Hills & Dales Inc. v. City of Wooster, 4 Ohio App. 3d 240, 448 N.E.2d 163 (Ohio App. 9th Dist. 1982); City Comm'n of Piqua v. Piqua Daily Call, 64 Ohio App. 2d 222, 412 N.E.2d 1331 (Ohio App. 2d Dist. 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).

Boards of County Commissioners and their committees and subcommittees are public bodies under the Act. 25 O.S. § 304.1.

The county 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.

County governing bodies are subject to the law. A county economic development oversight committee, a non-profit corporation created by county and municipal resolutions to promote economic development was subject to the provisions of both the Open Records and Open Meetings Acts because the committee performed a governmental function, received a substantial amount of taxpayer funding, and was significantly involved with and regulated by the governing city and county legislative bodies. Wood v. Jefferson County Econ. Dev. Oversight Comm., Inc. 2007 Tenn. App. LEXIS 643 (Sep. 26, 2017). County election commissions are subject to the Act because they are created under the state Election Code, which provides that the meetings of such boards and commissions are open to the public and subject to the Act. McFarland v. Pemberton, 530 S.W. 3d 76 (Tenn. 2017).

Section 551.001(3)(B) specifically includes county commissioners courts (the basic county governing unit in Texas) in the definition of "governmental body." County boards of school trustees and of education are also included in that definition pursuant to Section 551.001(3)(F) & (G); Thomas v. Beaumont Heritage Society, 339 S.W.3d 893, (Tex.App. —Beaumont, 2011) (a school board and staff also may be subject to an injunction concerning the requirements of the Open Meetings Act); but see Forney Messenger, Inc. v. Tennon, 959 F.Supp. 389, 392-93 (N.D. Tex. 1997) (the individual members of a governmental body could not be sued in their individual capacity under Section 551.141). Finally, other county bodies may be covered by the Act by virtue of the broad language of Section 551.001(3)(D), which includes the following in the definition of "governmental body:" "a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county. . ." See, e.g., Op. Tex. Att'y Gen. No. JC-0411 (2001) (finding that the Board of Trustees of the Risk Pool for the El Paso County Health Benefits Program, which exercises governmental authority as an agent of the county, is subject to the Act). But see City of Austin v. Evans, 794 S.W.2d 78, 83-84 (Tex. App.—Austin 1990, no writ) (holding that a City of Austin grievance committee that made only recommendations was not a deliberative body with rulemaking authority and was not, therefore, subject to the Act); Op. Tex. Att'y Gen. No. GA-0361 (2005) ("Because a county election commission is not a county commissioners court, a committee thereof, or a deliberative body with rulemaking or quasi-judicial power, it is not a governmental body.")

County 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).

Cities, counties, towns and political subdivisions are subject to the Act.

(This section is blank. See the point above.)

Like state government, any governing body of a county agency is covered. Wyo. Att'y Gen. Op. 73-17 (1973). However, county meetings are also subject to a pre-statehood law; to the extent it is not inconsistent with the Public Meetings Law. Wyo. Stat. § 18-3-506 (1977); Wyo. Stat. § 16-4-407 (1977, Rev. 1982); E.G. Rudolph, supra, at 100, 103. The older provision requires the board of county commissioners to "sit with open doors and all persons conducting themselves in an orderly manner may attend their meetings." Wyo. Stat. § 18-3-506 (1977).