1. WYOMING OPEN MEETINGS LAW
Bill Taylor
Northeast Area Community
Development Extension Educator
2. PURPOSE
“The agencies of Wyoming exist to conduct
public business. Certain deliberations and
actions shall be taken openly as provided in
this act.” – Wyo. Stat. 16-4-401
• Government business, funded by the
public, must be open to the public
• Business cannot be hidden to avoid
embarrassment or hurt feelings, or save
money
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3. WHO?
• All agencies and divisions of the state,
counties, municipalities or other political
subdivisions (except state legislature &
judiciary)
• Any sub-agency of a governmental body,
i.e.:
– Boards
– Commissions
– Elected or appointed districts
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4. NONPROFITS/PRIVATE
ORGANIZATIONS?
• If receiving public funds or conducting
work of a public agency, the law may likely
apply
– The public has a right to know what is being
done with their money and how their business
is being conducted
– Always err on the side of transparency when
in doubt
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5. WHICH MEETINGS?
“All meetings of the governing body of an
agency are public meetings, open to the
public at all times, except as otherwise
provided. No action…shall be taken except
during a public meeting…Action taken at a
meeting not in conformity with this act is null
and void…” – Wyo. Stat. 16-4-403
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6. WHAT IS A MEETING?
An assembly of at least a quorum called by proper
authority for the purpose of discussion, deliberation,
presentation of information or taking action regarding
public business. – Wy AG 2005 Summary
• Formal meetings
• Informal conferences
• Retreats
• Work sessions
• Presentations
• Informational gatherings
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7. MAJORITY OF BOARD RIDES
TOGETHER TO A CONFERENCE
AND DISCUSSES PENDING
BUSINESS.
50% 1. Legal
50% 2. Illegal
8. TWO MEMBERS OF 5 MEMBER
BOARD ARE DRINKING COFFEE IN A
PUBLIC PLACE AND DISCUSSING
BOARD BUSINESS. A THIRD
MEMBER HAPPENS BY AND JOINS
THE DISCUSSION.
50% 1. Legal
50% 2. Illegal
9. • Legal, as long as no action was taken
• As soon as a decision is made, action has
been taken, which must happen at a
public meeting.
• However, most county attorneys advise
against discussing business in informal
settings to avoid the appearance of
illegality.
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11. COMPONENTS OF A MEETING
• Called by proper authority
– Board chair, executive committee, mayor, etc.
• For proper purpose
– Discussion, deliberation, presentation of
information, or taking action regarding public
business
• Quorum
– Number of members required in bylaws or by
statute to conduct business
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12. ACTION
• Transaction of official business of
governing body, including a collective
decision, a collective commitment or
promise, or an actual vote upon a motion,
resolution, rule, order or ordinance.
• Actions may only be taken in a public
meeting
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13. PUBLIC DISRUPTION
• Those creating disruption which makes it
unfeasible to conduct meeting may be
ordered removed.
– If will not leave, call law enforcement and
recess
• Or meeting may be recessed and
reconvened in a different location.
• Members of the press cannot be excluded
unless they are part of the disruption.
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14. NOTICE
• Regular public meetings are to be
established and held on that schedule
• Notice of all meetings must be given to any
person or media outlet who requests it
• No specific form is required, but notice must
include name of agency, date, time, place,
general or specific purpose
• Although published notice is not specified by
law, a published notice providing the regular
meeting time and place is recommended
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15. SPECIAL MEETINGS
• Any meeting not regularly scheduled
• May be called by presiding officer by giving
notice to members and each media outlet
requesting notices
• Notice must specify time, place, and business
to be covered
– No minimum time is specified, but the notice
should be at least 24 hours prior
• Only that business specified in the notice
may be addressed
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16. EMERGENCY MEETINGS
• Matters of serious immediate concern
• All reasonable efforts to provide public
notice
• All actions taken at emergency meeting
are temporary and must be ratified at a
public meeting within 48 hours
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17. OUR BOARD USES EXECUTIVE
SESSIONS.
1. Yes
2. No
0% 0%
s
No
Ye
18. EXECUTIVE SESSIONS
• Only allowed for specific purposes listed in
the statute
– With counsel and law enforcement concerning
a threat to security
– Employment, appointment, dismissal, or
charges against an employee
• The employee may request a public hearing
– Litigation
– National security
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19. – A licensing agency when administering
examinations
– Considering parole or release of prisoners
– Considering real estate when publicity would
increase the price
– Consider donations the donor wishes
confidential
– Consider information classified confidential by
law
– Employment negotiations
– Disciplinary action of students
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20. • Motion must be made and passed by
board to enter into executive session
– Motion should state statutory reason
• Only discussion or information gathering is
allowed – no action can be taken except
in the public meeting
• Minutes must be taken citing reason for
session and general discussion topics
– Minutes are to be kept confidential & separate
from regular minutes
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21. • Any action must be made by motion in the
public meeting after the board returns from
the executive session
• Any member objecting to legality of
executive session must be entered into
meeting minutes
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22. OUR BOARD IS FOLLOWING
PROPER EXECUTIVE SESSION
PROCEDURE.
1. True
2. False
0% 0%
se
ue
l
Tr
Fa
23. MINUTES
• Minutes are required of all meetings, even
if no action is taken
• Minutes must be available for public
examination
– A typical charge can be made to provide
copies
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24. VIOLATIONS
• ALL actions taken during meeting in
violation of Open Meetings Act are null
and void
– Contracts, employment decisions, budgets
• Anyone attending who did not have their
objection recorded, or does not object at
the next public meeting, is guilty of a
misdemeanor
– Possible fine up to $750
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25. REFERENCES
• Wyoming State Statutes – Title 16, Chapter 4,
Article 4; 16-4-401 to 16-4-408
• Open Public Meetings: A Guide to Public
Accountability for School Board Members and
Superintendents, Wyoming School Boards
Association, September 2006
• The Open Meetings Act: A Summary, Wyoming
Office of the Attorney General, July 1, 2005
• Wyoming Open Meetings Law: A Handbook for
Municipal Elected Officials, Wyoming Association
of Municipalities, 2010
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