Not every gathering counts as an official public meeting. And if your board is subject to open meeting laws, which, if you're reading this, it probably is - there are a few boxes that need to be checked before you can call the meeting to order and mean it.
The good news: there are only four of them.
The exact law varies by state, but the structure is largely the same everywhere. A valid public meeting generally requires:
Miss one and the meeting may not meet public meeting requirements. Miss one and vote on something significant? That's where things get expensive.
The public has to know the meeting is happening before it happens. Revolutionary concept, widely ignored.
Notice typically includes:
How far in advance? Depends on your state. Check your specific open meeting law or grab one of the state-specific reference guides.
The agenda tells everyone what will be discussed and what actions may be taken. It's a promise to the public about how the meeting will be used.
Typical agenda items include reports, discussion items, action items and public comment.
The rule boards most often forget: you generally cannot take action on items that are not listed on the agenda.
No agenda item. No vote. Full stop.
Trying to sneak a vote in under "other business" is a move as old as boards themselves. It's also the kind of thing that gets decisions invalidated. Ask anyone who's been on the wrong end of that lesson.
Public meetings have to actually be open to the public. This means a physical location that's accessible, a virtual link if the meeting is online and a way for people to observe what's happening.
Transparency isn't just a value. In this context, it's a requirement.
Most boards follow the same basic structure for making decisions:
This process exists so that decisions are clear, documented and defensible. A vote that happened in a confusing blur of crosstalk and unclear motions is a vote that can be challenged later.
Do it right the first time.
Before you call the meeting to order, run through these three:
✔ Meeting was properly noticed
✔ Agenda is posted
✔ Public can attend or observe
Three checks. Two minutes. Zero regrets.
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