Attorney reviews new Open and Public Meetings Act definitions, warns about rolling quorums and electronic communications

Attorney and presenter Mr. Onofrio briefed the board on recent changes and everyday compliance traps in the Open and Public Meetings Act, emphasizing that meetings are open to the public unless explicitly closed and that the statutory definition of "meeting" had recently changed.

Onofrio told the board that the revised statutory definition expands the circumstances that can constitute a public meeting to include gatherings "for the express purpose of acting as a public body to receive public comment, deliberate, or take action about a relevant matter." He said the new definition narrows the previous safe harbor for social gatherings and cautioned that the change could make it easier to accidentally create an unlawful meeting via email or other electronic means.

Why it matters: The attorney warned board members that routine electronic communications can form a meeting if they involve a quorum discussing a relevant matter, and he described a rolling quorum (also called a constructive or walking quorum) as a common pitfall. He advised board members to avoid reply-alls on substantive topics and to prefer one-on-one communications when possible.

Key points from the training included: - Quorum rules and remote attendance: A quorum is at least four board members; policy allows up to three members to attend remotely if four are physically present. Remote attendees must notify the president at least three days prior and notify board members at least one day prior. - Notice and agenda specificity: Most public meetings require at least 24 hours' notice and an agenda that provides reasonable specificity for each topic. - Closed meetings: A two-thirds vote in an open session is required to move into a closed meeting; closed meetings must be limited to statutory reasons and cannot be used to take final action, approve contracts or hire or appoint officials. - Records and retention: Recordings of closed meetings must be retained; written minutes are discretionary in wording and are the official record once approved.

Onofrio also cautioned that text messages and email chains discussing relevant matters are subject to public-record laws (GRAMA) and could constitute a meeting if they involve a quorum. He described remedies for violations (including redoing actions in public and potential litigation) and said criminal penalties are theoretically possible but rare.

The presentation included time for questions; board members did not raise substantive questions after the training.

Ending: Board members acknowledged the training and moved to the next agenda item. The attorney encouraged members to raise follow-up questions individually or after the meeting.