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D. Federal programs

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  • Alabama

    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.

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  • Alaska

    There is no statutory or case law addressing this issue.

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  • Arizona

    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.

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  • Arkansas

    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”).

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  • California

    Open — no specific exemption from open meeting requirements.

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  • Colorado

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

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  • Connecticut

    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.

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  • Delaware

    Federal program meetings are open.

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  • District of Columbia

    Not specifically addressed.

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  • Florida

    See discussion above at II.A.2.

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  • Georgia

    The Act does not exempt meetings regarding federal programs.

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  • Hawaii

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

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  • Idaho

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

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  • Illinois

    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.

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  • Indiana

    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).

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  • Iowa

    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).

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  • Kansas

    Not addressed by Kansas law.

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  • Kentucky

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

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  • Maine

    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).

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  • Maryland

    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).

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  • Massachusetts

    Open unless federal statute provides otherwise.

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  • Michigan

    Presumably open.

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  • Minnesota

    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.

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  • Mississippi

    No specific exemption.

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  • Montana

    Not a basis for closing a meeting.

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  • Nebraska

    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.

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  • Nevada

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

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  • New Hampshire

    Subject to the Statute.

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  • New Jersey

    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 involve (i) contract negotiations or (ii) anticipated litigation, or (iii) where the release of information would impair the right to receive federal funds. See N.J.S.A. 10:4-12b(2) and (7).

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  • New Mexico

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

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  • New York

    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).

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  • North Carolina

    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).

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  • Ohio

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

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  • Oklahoma

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

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  • Oregon

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

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  • Pennsylvania

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

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  • Rhode Island

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

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  • South Carolina

    There is no exemption for federal programs.

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  • Tennessee

    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).

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  • Texas

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

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  • Utah

    Meetings concerning federal programs are open to the public.

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  • Vermont

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

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  • Virginia

    No specific provision relates to federal programs.

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  • Washington

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

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  • West Virginia

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

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  • Wisconsin

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

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  • Wyoming

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

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