2. What does being open under the KOMA require, what is a meeting and how should meetings be conducted?

A. WHAT DOES "OPEN" MEAN UNDER THE KOMA?

 

  • If a group is subject to the KOMA, what does the KOMA require them to do?

If the KOMA applies to a body or group, there are two main requirements: (a) Their meetings must be open and (b) Notice of meetings must be (individually) provided to those requesting notice.   All meetings subject to the KOMA must be conducted openly - that means that the public must be allowed to listen to the discussion. 

  • Can I use cameras or tape recorders at a public meeting subject to the KOMA?
Yes.   A public body subject to the KOMA cannot prohibit the use of such devices. It can, however, make their use subject to reasonable rules that are designed to prevent disruption of public meetings, safety hazzards, or other legitimate concerns. 

  • Does a group subject to the KOMA have to allow the public to speak at all meetings?
No.   The KOMA does not require that the public be allowed to talk at public meetings; unless some other law requires it, whether to allow the public a chance to speak at public meetings is a policy decision.

  • Can a public body subject to the KOMA conduct a meeting by telephone?
Yes. As long as it complies with all the requirements of the KOMA.

  • Do they have to move to another place if there are too many people in a room or some people can't get into the meeting?
The KOMA does not require that public meetings be moved to larger or better locations. Unless there is evidence that the meeting is deliberately being held in a place in order to prevent public attendance, the size or location of the room is not a KOMA violation. 

  • Can a public body take a secret binding action?
Binding action must be taken openly. That means any binding vote on a public matter needs to be made in open session.   However, some actions taken by a public body (such as spending decisions) may have been previously made by delegating authority to an individual; thus, one fact issue may be when and how decisions were originally made. 


B. WHEN IS A PUBLIC BODY HOLDING A MEETING?

When does a meeting subject to the KOMA take place?
A meeting of a public body subject to the KOMA has three elements; (a) An interactive discussion (NOTE: discussion alone triggers the KOMA, it is not necessary that action or votes be taken); (b) by and between at least a majority of the body; (c) on matters relating to the functions of that body. All three elements must be present to trigger the KOMA.

(a) Majority Rules

  • What is a "Majority"?
A "majority" means the next whole number greater than one-half of the total number of members.  E.g. the "majority" of a five member body is 3; the "majority" of a nine member body is 5.
(b) Interactive Discussion Rules
  • Does a meeting have to be "prearranged" for the KOMA to apply?
No.   All that is required is that the three elements of a meeting occur; (a) An interactive discussion (NOTE: discussion alone triggers the KOMA, it is not necessary that action or votes be taken); (b) by and between at least a majority of the body; (c) on matters relating to the functions of that body. All three elements must be present to trigger the KOMA.

  • Can a majority of members of a public body informally discuss public matters outside of an open meeting?
No.  Informal discussions before, after, or during recesses of a public meeting are subject to the KOMA. 

  • Is it OK to privately discuss public matters as long as no action is taken?
Binding action or voting is not necessary; discussion is what triggers KOMA.

  • Can members of a public body subject to the KOMA use other people, the telephone, notes, or email to privately discuss public matters?
Not if it involves a majority of the public body.   If an interactive discussion on the affairs of the body takes place, among the threshold minimum number of members, it is subject to the KOMA. It does not matter what method is used to conduct the discussion. 

(c) "Matters relating to the affairs of the body" rules.

  • Can members privately discuss when to hold meetings?
Yes. It is not encouraged, because of the temptation to discuss other things or the appearance of impropriety, but if the only way to arrange meeting times and places is to directly contact other members of the same body, the topic alone is not considered covered by the KOMA. 

  • Can members attend a general interest meeting of another group?
Yes, as long as they refrain from any private discussions on the affairs of their body, they may attend conferences where general topics are being presented.
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