What Is the Open Meetings Act?

Open meetings are a core component of American democracy, but their origins go back much further. In ancient Athens, the Agora served as a civic center where public life played out in the open. Citizens gathered to hear news, debate issues, and participate in the city’s democratic experiment.

Early American communities built their own version of this public forum. In Dorchester, Massachusetts, for example, residents adopted an agreement in 1633 calling for regular public gatherings.

By 1976, all 50 states and Washington D.C. had adopted their own open meeting laws.

What Are State Open Meetings Acts?

State open meetings acts are laws that require public bodies like councils, commissions, and school boards to conduct meetings openly, provide advance public notice, and allow the public to observe the decision-making process. Most open meeting laws also put guardrails around how public bodies deliberate, how they document action, and when a closed session is permitted.

Names and details vary from state to state. In Kansas, for example, the Kansas Open Meetings Act (KOMA) guides government entities. In California, the Ralph M. Brown Act establishes requirements for local bodies

Where Can I Find Official Documents and Reference Guides for Open Meetings Act Compliance?

Your state’s Attorney General (AG) office, Department of Justice, or a similar regulatory body (such as Pennsylvania’s Office of Open Records) should publish detailed guidance on staying compliant with open meetings laws.

For example:

• The Arizona Ombudsman-Citizen’s Aide, an independent legislative agency, publishes an annual booklet to educate residents on the state’s rules for open meetings and access to public records.
• Florida’s Office of the AG has shared the Government-in-the-Sunshine Manual, which offers detailed guidance on the state’s open meetings and public records laws.
• New York’s Committee on Open Government manages a website offering helpful resources on the state’s Freedom of Information Law (FOIL) and Open Meetings Law (OML). In addition to answering frequently asked questions, the site provides a searchable library of relevant cases and opinions.

Additionally, public servants can find insights on hosting compliant, accessible meetings by visiting the CivicPlus^® blog, browsing our library of eBooks, or watching an on-demand webinar.

Key Components of Open Meetings Acts

Public Notice Requirements

Open meetings laws typically require agencies to provide advance notice that tells residents:

• The date, time, and location of the meeting
• What topics will be discussed
• How to access a virtual or hybrid meeting

Public Access

In general, meetings of government bodies must be open for public observation. This doesn’t mean that the public can speak at every meeting or on every item, but it does mandate a public setting for most government deliberation. Open meetings laws typically allow for closed sessions under certain circumstances and offer rules for what may be discussed during such sessions.

For instance, Maryland’s Open Meetings Act allows public bodies to hold closed sessions for a number of reasons, including discussions related to public security. The body must first hold an open session, offer a written statement on the reason for hosting a closed session, discuss the planned agenda, and conduct a public vote to officially close the meeting.

Agenda requirements

Many states require agendas to be posted several days before a meeting occurs. Though not every state is so prescriptive—some simply require “reasonable notice”—a clear agenda is always a powerful tool for promoting transparency. Your agendas should help to:

• Keep proceedings orderly
• Prepare residents for constructive discussions
• Reduce off-topic conversations
• Make the official record easier to follow

Meeting Records and Minutes

Accurate minutes are the foundation of a complete, defensible official record. Requirements vary, but minutes often include:

• Date, time, and location
• Members present
• Motions, seconds, and votes
• Actions taken and key outcomes
• References to supporting materials
• Public comments

Some statutes also require that minutes be made available within a defined timeframe. In New York, minutes from most sessions must be posted within two weeks and minutes from executive sessions must be posted within a single week. Unabridged recording may be considered acceptable substitutes for transcriptions of minutes.

Accessibility and Accommodation

To comply with the standards established in the Americans with Disabilities Act (ADA), both in-person and virtual meetings must be accessible to all residents. Prioritizing accessibility may involve:

• Selecting wheelchair-accessible venues for in-person meetings
• Posting accurate captions for streamed and recorded meetings
• Testing meeting materials for screen reader-friendliness
• Offering a clear point of contact for all accommodation requests

Quorum Requirements

A quorum is the minimum number of members required for a public body to legally conduct official business. Quorums are often defined as a simple majority of the members within a body.

Quorum rules are not always set by open meeting laws. Some states define quorum by statute, while others defer to a government body’s charter. As a result, two boards in the same city can have different quorum requirements, even while they operate under the same open meetings laws.

Vacancies can also complicate quorum calculations. In some cases, a quorum is measured against the number of seats authorized rather than the number of members currently serving.

Guidance for agencies in Texas notes that a quorum is generally a majority unless law or the specific body’s charter defines it differently. Quorum rules can also change based on the type of action being taken. While a five-member board in the Lone Star State typically has a quorum at three members, levying a county tax, for example, requires at least four members present.

The Texas Open Meetings Act handbook also shows how different types of council members can contribute to headcounts and quorums. In Texas, ex officio, nonvoting members can still count toward a quorum, while newly elected members do not count until their election has been certified and they’ve taken the oath of office.

Virtual and hybrid participation adds more nuance. Some states allow remote members to count toward a quorum, while others require a minimum number of members to be physically present. In Texas, some videoconferences must include a presiding officer or even a full quorum to be present in a specific physical location.

Practical habits that can reduce noncompliance risk include:

• Confirm quorum calculations for each body, including how vacancies affect quorum
• Update reference when materials when membership changes and note whether non-voting members and newly elected members count toward quorum
• For hybrid meetings, document what “present” means in your jurisdiction and make note of physical location requirements tied to quorum

Enforcement and Penalties

In addition to setting expectations, open meetings laws outline what happens when a government entity fails to comply. Penalties can include investigations, court orders, required training, civil penalties, and the invalidation of actions taken during non-compliant meetings.

The Kansas Open Meetings Act (KOMA) references each of these potential consequences. The AG and county or district attorneys are authorized to investigate alleged violations. District courts can enforce KOMA through actions like injunctions or declaratory judgments and require defendants to complete AG-approved training programs. Knowing violations of KOMA may result in civic penalties of up to $500 per violation and invalidation of actions taken during insufficiently compliant meetings.

In October 2025, the state’s AG announced that one city council had violated KOMA by conducting a vote via text messages. Council members were required to pay $100 and complete KOMA training.

Download a Practical Guide to Open Meetings Compliance

Download The Clerk’s Guide to Reducing Risk and Achieving Compliance for a detailed overview of open meetings requirements, public records and FOIA expectations, and ADA standards that affect digital resident service.

What Counts as a “Gathering” Under Open Meeting Laws?

A “gathering” usually refers to a coming together of enough members of a public body where public business is discussed (or could reasonably expected to be discussed). In a digital-first world, physical presence is not always required.

Depending on your state’s definitions, gatherings can include:

• Email chains
• Group text messages
• Conversations in instant messaging platforms
• Phone conferences
• Direct messages on social platforms
• Video calls

States address these types of gatherings in different ways:

• Massachusetts defines “deliberation” as oral or written communication, including email, between or among a quorum about official business.
• Some states apply open meeting expectations to gatherings even when fewer than a quorum is involved in a discussion. Florida’s Sunshine Law applies to gatherings of two or more members to discuss matters that could potentially come before the board. It explicitly states that there is no requirement that a quorum be present.
• Some states focus on preventing workarounds like “serial meetings,” where board members avoid traditional gatherings but may still coordinate toward a decision. California’s Brown Act prohibits a majority from using a series of communications to discuss or deliberate without an authorized meeting.

Best practices to reduce confusion and risk include:

• Keep deliberation and consensus-building exclusive to officially recognized meetings
• Avoid reply-all discussions among members
• Set clear guidance for texts, email, group chats, and other digital communication between members of your public bodies

How Do Open Meetings Acts Apply to Virtual and Hybrid Gatherings?

Many states now have explicit rules for virtual and hybrid meetings. Even when remote attendance is allowed, it typically comes with extra requirements around notice, access, and documentation because the public still has a right to observe (and sometimes participate) in real time.

Notice and Access Instructions

Notices for virtual or hybrid meetings often need to list more than a time and a date. They may also need to tell residents exactly how to listen in or attend. In Washington, emergency remote meetings must include instructions on how the public can listen live, and agencies generally have to provide a real-time option that does not add extra costs for participation.

Agenda and Meeting Materials

Reasonable notice can mean very different things from state to state, and some laws get more specific when online access is involved. Colorado, for instance, treats notice as “full and timely” when a local public body posts the notice at least 24 hours in advance.

Quorum and Voting Rules

Remote participation can change the mechanics of quorum and voting. In California, at least a quorum of the members of the legislative body must participate from locations within the body’s jurisdiction.

Recording, Archiving, and Retention

Remote and hybrid meetings often create recordings by default, but rules for sharing and retaining those recordings vary by state. In Washington, agencies are advised to record meetings and make the recordings available online for at least six months.

Accessibility and Accommodation

Virtual participation can remove some barriers to accessibility, but it can also introduce new ones related to captions, document accessibility, and platform usability. Washington’s public comment rules state that, where feasible, government bodies must provide a way for residents with disabilities to offer commentary during meetings.

Requirements for Meeting Minutes

At a minimum, meeting minutes should:

• Identify the public body, date, time, and location
• Record attendance
• Capture motions and vote outcomes
• Document decisions, actions taken, and key outcomes
• Note if and when the body enters and exits a closed session

Some states set very specific timelines for availability. In Michigan, proposed minutes must be available within 8 business days and approved minutes must be available within 5 business days after approval.

Public Comment Requirements Under Open Meetings Acts

Open meetings laws generally guarantee the public’s right to attend and observe official proceedings. Public comments are handled differently across the country.

• Washington requires an opportunity for public comment at (or before) every regular meeting where final action is taken, and allows public bodies to set reasonable rules around how comments are accepted.
• Pennsylvania’s Sunshine Act explicitly states that the public can attend, participate, and comment before an agency takes official action, and guidance for public bodies emphasizes the need for a reasonable opportunity to comment.
• California’s Brown Act requires meeting agendas to provide an opportunity for the public to address the legislative body and offers guardrails for setting time limits.

Exemptions to Open Meetings Acts

Most states allow closed sessions for limited categories, including:

• Personnel matters (hiring, discipline, performance)
• Legal matters (attorney-client advice, pending litigation)
• Real estate negotiations (purchase, sale, lease)
• Security and safety planning
• Confidential information protected by state or federal law

The procedures for closing a meeting can matter as much as the topics discussed.

In Colorado, for example, an executive session requires a public announcement that includes the statutory authority, and it requires a supermajority to begin the executive session. The state’s law underscores that formal action should not be adopted during executive sessions. Maryland’s guidance advises bodies to meet in an open session first, offer a written statement explaining the reason for closing the session, and take a recorded vote to officially close the session.

Consequences of Failing to Comply with Open Meetings Acts

When a public body fails to comply with open meetings laws, the impact can be significant. Complaints and challenges can trigger delays, rework, and ongoing scrutiny, making it harder to move routine business forward. Requirements vary across the nation, but consequences typically fall into a few consistent categories.

• Legal consequences can include lawsuits, court orders, civil penalties, attorney fees, and decisions being undone. Pennsylvania’s Sunshine Act includes a provision that business conducted in an unauthorized meeting can be voided. It also provides for penalties and legal fees in certain cases. California’s Brown Act allows courts to award reasonable fees to a plaintiff when a violation is confirmed.
• Professional and operational consequences often include mandatory training and the administrative burden of responding to records requests, complaints, or litigation. Even when penalties are modest, the time required to document compliance, correct process gaps, and repeat actions in properly noticed meetings can pose a serious challenge. In 2025, the trustees of a large Pennsylvania university agreed to participate in training from the Office of Public Records and make process updates as part of a settlement with Spotlight PA.
• Reputational consequences are often the most lasting. A single misstep can erode public trust, attract unwanted media attention, and create the perception that decisions are being made behind closed doors and residents’ backs. This can make future meetings more contentious, even when discussions focus on routine topics. In 2023, Colorado’s Court of Appeals found that a city council had violated the state’s Open Meetings Law during an executive session. The council was required to release a recording to the public.

Guidance for Clerks: Reducing Risk and Promoting Compliance

Clerks sit at the center of open meetings compliance, especially as hybrid meetings become more common and documentation expectations rise. Best practices include:

• Using standardized templates for notices, agendas, minutes, and closed session motions.
• Maintaining a single source of truth for meeting materials and version control so last-minute changes do not create confusion.
• Setting and adhering to a minutes publishing schedule that matches your state’s timeliness requirements when they are clearly defined.
• Training staff and officials regularly on state-specific requirements, especially around closed sessions and member-to-member digital communications.

Learn More About Complying with Open Meetings Acts

For help reviewing your current meeting workflows, technology, and documentation practices, contact the experts at CivicPlus^® to learn more.

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