Public Access Opinion 16-015

Agenda; Sufficiently Informing the Public of the Nature of the Business Being Conducted Before Taking Final Action

A public body violated Section 2.02(c) of OMA by voting to amend and approve a settlement agreement without including the general subject matter of the final action on the meeting agenda. The public body’s attorney was present at the meeting and specifically advised the public body that it could not take final action because the matter was not on the agenda, but the public body moved ahead with final action. The PAC ordered the public body to remedy this violation by reconsidering its final action on the settlement agreement at a properly noticed meeting with a proper agenda.

This opinion is binding only to the parties involved and may be appealed pursuant to State law.