D. Federal programs

We know of no statute or case law that directly addresses this point in Alabama; nonetheless if a state entity that deals with federal programs comes within the statutory definition of a governmental body covered by the Alabama Open Meetings Act that body is presumptively subject to the Act. See Ala. Code § 36-25A-1, et seq. A meeting of quorum with federal officials for the purpose of reporting or obtaining information or seeking support for issues of importance to the body is not a “meeting” subject to the Act.  Ala. Code § 36-25A-2(b)(2).

There is no statutory or case law addressing this issue.

A public body may hold an executive session about a federal program, if pertaining to a “discussion, consultation or consideration for international and interstate negotiations.”  See A.R.S. § 38-431.03(A)(6).  The provision, however, does not apply to meetings at which the public body receives recommendations from a federal agency.  Ariz. Att’y Gen. Op. No. I80-159.

There are apparently no statutory provisions dealing with meetings to discuss federal programs. If, however, federal statutes or regulations demand closed sessions, these provisions will be controlling. Ark. Op. Att’y Gen. No. 85-186 (“federal law will control in the event of conflict with state law”).

Open — no specific exemption from open meeting requirements.

Open unless matters considered are required to be kept confidential by federal law.

There are no specific provisions or exemptions in FOIA on this issue. There are also no reported court decisions on this issue.

An executive session may be allowed if an open session would result in the disclosure of exempt records. Conn. Gen. Stat. §1-200(6)(E). See Records Outline at II.A.2 and IV.

Federal program meetings are open.

Not specifically addressed.

See discussion above at II.A.2(2) (Description of Each Exemption, Federal Programs).

The Act does not exempt meetings regarding federal programs.

If administered by state agencies, meetings concerning federal programs are presumably open except to the extent mandated by federal law.

Federal programs generally are not proper subjects of an executive session.

Generally, no exemption under the Act. If the nature of a discussion of a federal program fell within one of the exemptions, the meeting could be closed. See 5 ILCS 120/2.

There is no provision for closing meetings to discuss federal programs, unless authorized by a federal statute or other state statute, see Ind. Code § 5-14-1.5-1; § 5-14-1.5-6.1(b)(7), or unless it fits in the general categories for executive sessions in Ind. Code § 5-14-1.5-6.1(b).

No Iowa statutes governing open meetings, and discussing participation in federal programs, have been found. It should be noted that meetings to discuss records required or authorized by federal law to be kept confidential are not open to the public. Iowa Code § 21.5(1)(a).

Not addressed by Kansas law.

Closed only if required by federal law. See Ky. Rev. Stat. 61.810(1)(k).

Not exempted.

Deliberation on the subject of federal programs is generally public, unless the discussion involves information contained in records designated confidential by statute.  1 M.R.S.A. § 405(6)(F).

To the extent that the federal program involves matters exempt under the Act, it may be the subject of a closed session. § 3-305(b).

Open unless federal statute provides otherwise, but a public body may go into executive session “[t]o comply with, or act under the authority of, any general or special law or federal grant-in-aid requirements.” G.L. c. 30A, § 21(a)(7).

Presumably open.

Presumably open, provided they involve a state agency, board, commission or department required or permitted by law to transact public business in a meeting; the governing body of a school district, unorganized territory, county, statutory or home rule city, town, or other public body; the committees, subcommittees, boards, departments, or commissions of any public body; or the governing body or commission of a statewide public pension plan or local public pension plan. Minn. Stat. § 13D.01, subd. 1.

No specific exemption.

Meetings in which participation in federal programs is discussed by a public governmental body must be open to the public.

Not a basis for closing a meeting.

No specific exemption, but see Grein v. Board of Education, 216 Neb. 158, 164, 343 N.W.2d 718, 723 (1984). Where public finances are involved, the "public interest" ordinarily demands an open meeting. Id.

Open. See City of Reno v. Reno-Gazette-Journal, 119 Nev. 55, 59 (2003).

Subject to the Statute.

A meeting of an effective majority of public body to discuss applications for federal grants or other aspects of a federal program is open to the public unless the discussions fall into one of the categories set forth in N.J.S.A. 10:4-12b(1)-(9).

No special or particular provision in the Open Meetings Act; obviously federal law would impact this question as well.

The provisions of the OML do not extend to any matter made confidential by federal law. N.Y. Pub. Off. Law § 108(3) (McKinney 1988). See also Oneonta Star v. Bd. of Trustees, 66 A.D.2d 41, 54, 412 N.Y.S.2d 927 (3d Dep’t 1979) (applications for federal funds are matters of public concern and the public’s business and should be discussed at an open meeting).

The Open Meetings Law permits a public body to meet in closed session to protect information that federal law directs be kept confidential. G.S. § 143-318.11(a)(1).

Not addressed.

Open sessions. Ohio Rev. Code § 121.22(B)(2).

Local boards which are supported by federal funds and/or receive in-kind services at local taxpayer expense are covered under the Open Meeting Act. 1971 OK AG 245. However, the meetings of such bodies may be closed where disclosure of information would violate confidentiality requirements of federal law. 25 O.S. § 307.B.7.

There is no exemption for discussion of federal programs by governing bodies.

Open if agency business or official action is involved unless one of the Act’s exceptions applies.

No specific exemption. May be covered by exemptions (6) and (7) on prospective business location and investing funds.

There is no exemption for federal programs.

Presumably open.

Presumably open. Specifically, the Act provides that community action agencies that administer community action programs under 42 U.S.C. § 2790, are governing bodies subject to the openness requirements of the Act. T.C.A. § 8-44-102(b).

The Act provides that an agency financed entirely by federal money is not required to conduct an open meeting. Id. at § 551.077.

Meetings concerning federal programs are open to the public.

Generally open except for discussion of information protected from disclosure by federal law. See 1 V.S.A. § 312(e).

No provision relates generally to federal programs.  Specific exclusions, noted elsewhere in this outline, reference relevant federal programs.

There is no limit in OPMA on public attendance at meetings to discuss federal programs.

Meetings involving federal programs are not exempted from the requirements that they be open to the public.

Not exempted but could be closed under Wis. Stat. § 19.85(1)(e) (above) if a bargaining position would be compromised.

Check the pertinent federal and state statutory requirements for specific programs.