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Municipal Government Ethics law revamps open meeting rules
An ethics reform bill signed into law by the governor today revamps the state’s open meeting, lobbying and campaign finance laws for the first time in decades.
The act consolidates various current laws governing public meetings into one comprehensive statute and vests regulatory authority with the Office of the Attorney General instead of the district attorney’s office in each county. The statute was also updated to reflect technological advances since the open meeting law was enacted in 1975.
The MMA had argued that municipalities would benefit from a centralized regulatory authority and singular interpretation of the law.
The open meeting law will not impose fines on individuals for noncompliance, a threat that had been strongly opposed by the MMA. A municipality, however, could face a fine of $1,000 for noncompliance.
A new Office of Open Government, within the Attorney General’s Office, will participate in any administrative and judicial proceedings pertaining to enforcement of the open meeting law. The law also directs the attorney general to provide training for public officials.
Local government will participate in a new Open Meeting Law Advisory Commission, which will review issues with the law and make recommendations to the attorney general for changes to the law’s governing regulations, trainings, and educational initiatives.
The MMA will continue to seek further improvements to the law, including codification of additional exemptions, such as situations involving municipal attorney-client communications and the negotiation of cable licenses.
The MMA has also expressed concerns with a few new provisions. For example, any document used at a meeting now becomes part of the official record of that meeting and must be kept as such. And any document used at a meeting, with limited exceptions, would lose any protective privilege the document otherwise might have had under the public records law.
The law also requires municipal boards to list, on their agendas, “topics that the chair reasonably anticipates will be discussed at the meeting.”
The open meeting law provisions will take effect on July 1, 2010.
In addition to the open meeting law changes, the ethics reform act requires mayoral candidates in cities with populations over 40,000 – if they can reasonably expect to raise or spend more than $5,000 – to file finance reports with the Office of Campaign and Political Finance. Mayoral candidates in cities with populations between 40,000 and 100,000 would be required to file electronically with the campaign finance office.
The new law also requires all government employees to complete a training program on the state’s conflict-of-interest laws within 90 days after Oct. 1, 2009. The training would need to be repeated every two years.
Each city and town is also required to designate, by Feb. 1, 2010, a senior-level employee to serve as its liaison to the State Ethics Commission.
All municipal employees must be given, and sign, a summary of the amended ethics law within 90 days after Oct. 1, 2009.
In addition, the definitions of legislative and executive agent have been expanded – and may include municipal officials engaged in lobbying activities. The MMA is awaiting a clarification from the Secretary of State’s Office on this point.
The ethics reform law had been passed by both branches of the Legislature on June 25.
Municipal Government Ethics law revamps open meeting rules
Ethics law revamps open meeting rules
An ethics reform bill signed into law by the governor today revamps the state’s open meeting, lobbying and campaign finance laws for the first time in decades.
The act consolidates various current laws governing public meetings into one comprehensive statute and vests regulatory authority with the Office of the Attorney General instead of the district attorney’s office in each county. The statute was also updated to reflect technological advances since the open meeting law was enacted in 1975.
The MMA had argued that municipalities would benefit from a centralized regulatory authority and singular interpretation of the law.
The open meeting law will not impose fines on individuals for noncompliance, a threat that had been strongly opposed by the MMA. A municipality, however, could face a fine of $1,000 for noncompliance.
A new Office of Open Government, within the Attorney General’s Office, will participate in any administrative and judicial proceedings pertaining to enforcement of the open meeting law. The law also directs the attorney general to provide training for public officials.
Local government will participate in a new Open Meeting Law Advisory Commission, which will review issues with the law and make recommendations to the attorney general for changes to the law’s governing regulations, trainings, and educational initiatives.
The MMA will continue to seek further improvements to the law, including codification of additional exemptions, such as situations involving municipal attorney-client communications and the negotiation of cable licenses.
The MMA has also expressed concerns with a few new provisions. For example, any document used at a meeting now becomes part of the official record of that meeting and must be kept as such. And any document used at a meeting, with limited exceptions, would lose any protective privilege the document otherwise might have had under the public records law.
The law also requires municipal boards to list, on their agendas, “topics that the chair reasonably anticipates will be discussed at the meeting.”
The open meeting law provisions will take effect on July 1, 2010.
In addition to the open meeting law changes, the ethics reform act requires mayoral candidates in cities with populations over 40,000 – if they can reasonably expect to raise or spend more than $5,000 – to file finance reports with the Office of Campaign and Political Finance. Mayoral candidates in cities with populations between 40,000 and 100,000 would be required to file electronically with the campaign finance office.
The new law also requires all government employees to complete a training program on the state’s conflict-of-interest laws within 90 days after Oct. 1, 2009. The training would need to be repeated every two years.
Each city and town is also required to designate, by Feb. 1, 2010, a senior-level employee to serve as its liaison to the State Ethics Commission.
All municipal employees must be given, and sign, a summary of the amended ethics law within 90 days after Oct. 1, 2009.
In addition, the definitions of legislative and executive agent have been expanded – and may include municipal officials engaged in lobbying activities. The MMA is awaiting a clarification from the Secretary of State’s Office on this point.
The ethics reform law had been passed by both branches of the Legislature on June 25.
