Open Meeting Law Guide
A practical reference for municipal clerks navigating open meeting requirements across the United States.
What Are Open Meeting Laws?
Every state in the United States has enacted some form of open meeting law — commonly referred to as "sunshine laws" — requiring governmental bodies to conduct their official business in public. These laws exist to ensure transparency, protect the public's right to observe government decision-making, and prevent backroom deals that undermine democratic accountability.
While the core principles are consistent nationwide, each state's law goes by a different name and carries its own specific requirements. In California, it is the Ralph M. Brown Act. Florida has the Government in the Sunshine Law. Texas operates under the Open Meetings Act. Other examples include Virginia's Freedom of Information Act (VFOIA), Illinois' Open Meetings Act, and New York's Open Meetings Law.
Regardless of what they are called, these laws share a common goal: the people's business must be done in the open, with proper notice, meaningful access, and an accurate public record.
Common Requirements
While the details vary by state, most open meeting laws address the same core areas. Understanding these common requirements helps clerks build processes that stay compliant regardless of their jurisdiction.
- Advance notice of meetings — Most states require 24 to 72 hours of advance notice before a public meeting. California's Brown Act mandates 72 hours for regular meetings and 24 hours for special meetings. Many states require posting in a consistent, publicly accessible location.
- Publicly posted agendas — The agenda must be made available to the public before the meeting. In many jurisdictions, action may only be taken on items listed on the posted agenda, ensuring the public knows what will be discussed.
- Public comment periods — Citizens must be given the opportunity to address the legislative body. Some states require comment periods on each agenda item; others mandate a general public comment period. Time limits and sign-up procedures vary.
- Meeting minutes — Official minutes must be taken, approved, and made publicly available. Minutes typically document motions, votes, and key actions taken but may not need to be verbatim transcriptions unless required by local ordinance.
- Restrictions on closed sessions — Most states narrowly define when a body may meet in closed (executive) session. Common exceptions include litigation, real estate negotiations, labor negotiations, and personnel matters. The body must publicly report out of closed session.
- Quorum requirements — A majority of the body's members (a quorum) must be present to conduct business. Serial meetings — where a quorum is reached through a chain of one-on-one conversations — are prohibited under most open meeting laws.
Key Compliance Areas
Open meeting compliance can be organized into three critical areas. Each represents a category of requirements that municipal clerks must actively manage.
Notice & Posting
Proper advance notice ensures the public can plan to attend or submit comments. This includes publishing the agenda within the legally required timeframe, posting it in designated physical and digital locations, and ensuring the description of each item is clear enough for a reasonable person to understand what will be discussed. Failure to post timely or adequately can invalidate actions taken at the meeting.
Public Participation
Open meeting laws protect the public's right to participate, not just observe. This means providing structured comment periods, offering speaker registration (in-person and increasingly remote), accommodating ADA accessibility requirements, and providing language access where required. Some jurisdictions also require that written comments submitted before the meeting be entered into the record.
Record Keeping
A complete and accurate public record is the backbone of open meeting compliance. This includes official minutes documenting actions and votes, roll call vote recording for each action item, audio and video archiving of meetings, and document retention policies that meet state requirements. Many states require records be retained for a minimum number of years and made available upon public records request.
How CivicCA Helps
CivicCA was built from the ground up with open meeting compliance in mind. Every feature maps directly to a compliance requirement, so clerks can focus on their work instead of worrying about whether they have missed a legal obligation.
Ready to simplify compliance?
CivicCA handles the complexity of open meeting requirements so your team can focus on serving your community. Start your free trial today.