Legal Ease by Shane Givens
July 28, 2011

Defining the Open Meetings Act

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With the Board of Education's decision to close the Career and Technical Center in the news, I have had several questions regarding the validity of that decision, which some have alleged was made during an “executive session.” People ask, “Can the board make that sort of decision outside of an open meeting?” This type of question involves a law called the Open Meetings Act.

Under the act, a governmental body may hold an executive session in a regularly-called meeting only for very specific reasons. Otherwise, the governmental body's discussion and voting must be performed publically.

An executive session is a portion of a public meeting where the public is excluded from hearing the discussion. Generally, a governmental body can only go in to an executive session for the following reasons:


_ To discuss the general reputation and character, physical condition, professional competence or mental health of individuals or, subject to some limitation, to discuss the job performance of employees.

_ When expressly allowed by federal law or state law, to consider the discipline or dismissal of, or to hear formal written complaints or charges brought against an employee.

_ To discuss with their attorney the legal ramifications of and legal options for pending or future litigation concerns.

_ To discuss security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, or facilities.

_ To discuss information that would disclose the identity of an undercover law enforcement agent or informer, or to discuss the criminal investigation of a person who is not a public official.

_ To discuss the prices regarding the purchase, sale, exchange, lease, or market value of real property.

_ To discuss preliminary negotiations involving matters of trade or commerce in which the governmental body is in competition with private individuals or entities or other governmental bodies.

_ To discuss strategy in preparation for negotiations between the governmental body and a group of public employees.

_ To deliberate and discuss evidence or testimony presented during a case hearing.


Other than these exceptions, a governmental body may not discuss or deliberate matters outside of the public's presence. Enforcement of this chapter may be sought by civil action by any media organization, any Alabama citizen, the attorney general, or the district attorney.

Upon proof that the governmental body violated the Open Meetings Act, the circuit court shall issue an appropriate final order including, if appropriate, a declaratory judgment or injunction. The court may also invalidate the action or actions taken during a meeting held in violation of this chapter. 

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to givenslaw@tds.net.