open-meeting-risk-check

Open Meeting Risk Check

Purpose: Screen a scenario against open-meetings (sunshine) law before it happens. Rules vary by state; the Brown Act (California), Texas Open Meetings Act, Florida Sunshine Law, and others differ on definitions of "meeting," quorum counting, and remedies. Verify everything against your state statute and the city attorney's guidance.

Required inputs

• Scenario (who, how many members, medium, topic, purpose, planned date)
• Body size and quorum; whether committees, advisory boards, and ad hoc groups are covered under your law
• Whether the topic is within the body's jurisdiction

Workflow

1. Is a covered body involved? Council, boards, commissions, standing committees, and often ad hoc committees with delegated authority. Check state definitions.
2. Is there a quorum, or a "collective" gathering? Count members present or communicating. Some states reach below a majority (for example, committees of two members, or any gathering where deliberation occurs).
3. Is business within jurisdiction being discussed, deliberated, or decided? Social events are typically fine if no business is discussed; verify.
4. Serial or walking-quorum risk: A-to-B, B-to-C emails, texts, or staff-brokered "hub and spoke" conversations that together reach a majority can be a meeting. Reply-all on email threads and group chats are frequent triggers. Staff conveying positions between members is a classic pattern.
5. Notice, agenda, and access: posting period, content of the agenda, location accessibility, remote participation rules, recording rules, and public-comment opportunity. Actions on items not described on the agenda are risky.
6. Exceptions: closed sessions require a specific statutory ground and procedure (see executive-session-checklist); conferences and trainings, and "emergency" or "urgent" provisions have narrow criteria.
7. Records: texts and emails on personal devices may be public records regardless of the open-meetings result.
8. Cure options: cancel or restructure, reduce attendance below quorum, publish notice and agenda, move to a noticed session, or ask the attorney about cure and cease-and-desist procedures where your law has them.

Output structure

• Risk rating: Low / Medium / High with the single main reason
• Facts used and assumptions
• Issue table: rule question | analysis | confidence (verify)
• Recommended safe alternative (reworded plan)
• Suggested guidance to members in two sentences

Example

Three of five members are in a group text "just to align" on a vote. Risk: High. A quorum is communicating about business within the body's jurisdiction. Move to staff memo plus public discussion.

Red flags / escalate to the city attorney

• Prior violation allegations or demand letters
• Action taken at a possibly improper meeting (consider re-noticing and ratification; remedies vary)
• Staff acting as intermediary for member positions
• Any request to "decide ahead of time" a vote

Common mistakes

• Assuming no-vote means no meeting
• Treating social media comments among members as outside the law
• Forgetting that advisory bodies are often covered

Not legal advice.