Reviser's Office briefs committee on open-meeting and open-records obligations

The Committee on Social Services Budget received a primer on open-meeting and open-records rules from Jill Walters of the Reviser of Statutes office.

Walters told members that "legislative and administrative bodies of the state are required to follow CORA and COMA," and that committees should broadly interpret open-meeting rules to facilitate an informed electorate. She said notice requests typically are routed through the committee assistant and that the public must be afforded access to meetings where a majority of members discuss public business.

Walters walked through practical points: livestreams and other voluntary broadcasts should make meeting materials available, and an unintentional technical failure by the provider that disrupts a livestream does not automatically constitute a COMA violation. Recent statutory changes allow cameras, photography and recording devices so long as reasonable rules of the body prevent disruption.

On open records, Walters noted that public agencies must make public records available for inspection and that agencies generally have a three-day requirement to acknowledge receipt of a records request (the three days is to confirm receipt and estimate when production can occur). She explained public records do not include materials "made, maintained, or kept by members of the legislature" and suggested legislators seek assistance from the Reviser’s Office when responding to complex requests.

Walters warned that violations can carry civil penalties up to $500 per violation and that the attorney general or a district attorney can investigate complaints; training is sometimes suggested as a remedy. She offered to provide a written memo and further training materials to the committee.

The committee accepted the briefing and moved on to staff introductions; no formal action was taken in response to the briefing.