Wyoming Open Meetings Act: Government Transparency Guidelines

1. The Open Meetings ActW.S. 16-4-401 et. seq&The Public Records ActW.S. 16-4-201 et. seq

2. Purpose of the Open Meetings Act • The overriding principle of the Act is that government should conduct it’s business in an open manner • Wyoming Statute. 16-4-403 (Supp. 1995): “all meetings of the governing body of an agency are open to the public at all times, except as otherwise provided.”

3. State boards Commissions Committees Sub-agencies of the state County government Municipalities Other political subdivisions created by or pursuant to the Wyoming Constitution, statue or ordinance Conservation Districts are clearly political subdivisions created by state statute and must comply with this Act. Who is subject to the Open Meetings Act?

4. Exemptions • Stand-Alone agencies • Tax commissioner, Insurance commissioner • State Examiner, State Engineer • Ad Hoc advisory committees • Gathering together of several multi-member boards for a particular purpose not considered an agency or district action

5. When the Act Applies • Generally the Act applies if at least a quorum of the members of a governing body meet; even informally, in order to consider matters which are within the district’s official business. • All meetings of the governing body of a district are public meetings, open to the public at all times, except as otherwise provided, and no action may be taken except during a public meeting

6. Deliberations & Executive Sessions • In 1995, the definition of “meeting” was amended to include the “deliberation” of a governing board or an agency or district. • This includes deliberations by a governing board after a contested hearing but before an agency or district decision is rendered.

7. Exemptions • For officers of the law, any matters that pose a threat to security or public or private property or a threat to a public’s right of access. • On matters concerning litigation to which the governing body is a party or proposed litigation. • To consider the selection of a site or the purchase of real estate when the publicity regarding the consideration would cause a likelihood of an increase in price.

8. Exemptions (cont.) • To consider or receive any information classified as confidential by law. • To consider acceptance of gifts, donations and bequests which the donor has requested in writing be kept confidential. • To address personnel matters.

9. Application of the Act regarding Personnel Matters • Generally, “consideration” of personnel matters are not subject to the Act. However, “actions” taken regarding personnel matters are subject to the Act. • The appointment, employment, right to practice or dismissal of a public officer, professional person or employee or: • To hear complaints or charges brought against any employee, professional person or officer, unless the employee, professional person or officers request a public hearing.

10. Application of the Act regarding Personnel Matters (cont.) • While consideration of personnel matters is not subject to the open meetings requirements, the actual action taken, i.e. appointment or dismissal, is subject to the act. • The setting of salaries or compensation is not exempted by statute. • See Wyoming Attorney General’s Opinion Number 75-04 at 160-165 (June 12, 1975)

11. Notice requirements under the Act • Under the Act, the governing body shall provide notice of its meeting to any person who requires notice. • Notice requirement may be fulfilled by mailing a copy of the meeting schedule or resolution setting the next meeting to whomever has made a request for notice.

12. What Needs to be in the Notice? • Name of agency holding the meeting • The specific date, time and place of meeting • The general or specific purpose of the meeting, if known.

13. Notice requirements (cont.) • The agency or district should give sufficient advance notice of the meeting to the local news media. • The act does not specifically require that notice be made statewide. • Whenever possible, agencies should adopt a regular meeting schedule so that notice of meeting schedules may be given to media.

14. Special Meetings • The notice shall specify the time and place of the special meeting and the business to be transacted. • No other business may be considered at a special meeting.

15. Recess of Meetings • A regular or special meeting may be recessed (cancelled or moved to another location) by the governing body to a place and at a time specified in the “order of recess.” • A copy of the order of recess is to be conspicuously posted on or near the door of the place where the meeting or recessed meeting was held.

16. Emergency Meetings • Emergency meetings may be held by a governing body on matters of serious immediate concern to take temporary action without notice. • All actions taken at emergency meetings are of temporary nature and to become permanent must be reconsidered and action taken at an open public meeting within 48 hours.

17. Phone Conference Calls • The Act also applies to telephonic conferences where a quorum of members of a governing board of an agency or district gather together by telephone communication to participate in district business covered by the Act. • The same notice requirements would apply as addressed earlier in this presentation.

18. Minutes • Minutes must be taken at all meetings, regardless of whether official action has been taken. • If no action is taken, the minutes do not need to be published in a newspaper; however, they should be available for public examination. • If the board goes into executive session to discuss exempted matters, it should be duly noted in the minutes.

19. Day to Day Operations • The Act has been amended to clarify that “day to day administrative activities of an agency or district” are not subject to the Act.

20. Disruptions of Public Meetings • If any public meeting is willfully disrupted by a person or group of person so as to render the orderly conduct of the meeting unfeasible, the district may order the removal of the person(s) causing the disruption or the meeting can be reconvened at a different location. • Only matters appearing on the agenda may be acted upon in a meeting recessed to a different location.

21. Conflict of Law • If the provisions of this Act conflict with any other statute, the provisions of this Act shall control.

22. Wyoming Public Records Wyoming State Statute 16-4-201 et. seq.

23. Purpose • The purpose for this statute is to allow for access of public documents and records • “All public records shall be open for inspection by any person at reasonable times, except as provided in this act or as otherwise provided by law, but the official custodian of any public records may make rules and regulations with reference to the inspection of the records as is reasonably necessary for the protection of the records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or his office.

24. What are considered Public Records? • Papers • Correspondence • Forms, records • Books • Photographs • Photostat • Film, Microfilm • Vouchers, receipts, bonds • Sound Recording • Maps • Other documents made by the State of Wyoming and any counties, municipalities, political subdivisions and state agencies

25. When a public record is requested… You must notify the requesting applicant if: • Records are not in district custody or control • Records are in active use or storage and not available when requested • Records exist in primarily an electronic format • Reasonable costs can be charged for reproduction • Alternative formats should be made available when practical and possible

26. Electronic records • The custodian is not required to compile data, extract data or create a new document if doing so would impair the agency’s ability to discharge it’s duties • The custodian is not required to provide the record if doing so would jeopardize or compromise the integrity or security of the record

27. You can deny access to public records when… • Inspection would be contrary to any state statute, federal statute or regulation • Inspection is prohibited by the rules of any court • The records are associated with law enforcement agencies, county attorney, attorney general or state auditor investigation or prosecution • The records are test questions, scoring keys or other exam data

28. The records requested are specific details of bona fide research projects being conducted by a state institution • The records requested are interagency or intragency memoranda or letters which would not be available by law to a private party in litigation with the agency

29. Contents of real estate appraisals are not considered public record until the title is passed to the agency • The records requested are documents that would jeopardize the security of state buildings, facilitate the planning of a terrorist attack or endanger the life or physical safety of an individual

30. Public record request by the media • If the right of inspection of any public record is allowed to any member of the media (newspaper, radio station, television station, etc.) it may be allowed to all news media

31. What records are not for public inspection? • Medical, psychological and sociological data on individual persons • Personnel files (except to employee supervisors) are exempt, however, employment contracts, working agreements or or other documents setting forth the terms and conditions of employment are available for public inspection.

32. Records not for inspection (cont.) • Letters of reference • Trade secrets, privileged information and confidential commercial, financial, geological or geophysical data furnished by or obtained from any person • Records or information compiled for solely for purposes of investigating violations of, and enforcing personnel rules or policies which would invade personnel privacy. • Other documents as provided for in Wyoming § 16-4-203

33. Other provisions… • Persons denied inspection can request a written statement of the grounds for denial. The statement shall cite the law or regulation under which access is denied. • Official custodian can apply to court for a permit to restrict disclosure based on substantial injury to public interest • If the custodian doesn’t have the facilities for making copies, printouts, etc. of the record, the applicant shall be granted access to the records for the purpose of making copies, etc.

34. Other provisions (cont.) • Any fees or charges assessed shall first be authorized by duly enacted or adopted statute, rule, resolution, ordinance, executive order or like authority • Any person who willfully and knowingly violates the provisions of this act is guilty of a misdemeanor and may be subject to fines up to $750.

35. Filing Information with NRCS • Some districts have chosen to file information with NRCS files. This practice does not guarantee the confidentiality of the information.

36. Public Information Release Policy • WACD stronglyrecommends each district develop policy with regard to data ownership and release of Public Information. • Districts can charge reasonable fees for making copies of public records

37. Attorney General Opinions Concerning Conservation Districts • *AG Opinion Dated - June 14, 1999Water quality data collected by conservation districts is generally considered “public record” and subject to the public records act. Leaving such information with the landowner does not shield it from public record

38. Attorney General Opinions Concerning Conservation Districts • AG Opinion dated August 17, 2001A policy created by a local conservation district was reviewed by the AG’s office. The office held that with respect to water quality data the following: • Attorney General reiterated opinion from June 14, 1999 opinion that “Water quality information and data collected with public funds should be available to the public as a public record.”

39. August 17, 2001 AG Opinion (continued) • A District cannot make rules and regulations exceeding the scope of the authority delegated by the legislature. For example, the Public Records Act does not provide “discretion” to the custodians of public records regarding the right of inspection. • Districts may not withhold information pending a Quality Assurance/Quality Control evaluation. There is no provision for this in the Public Records Act

40. August 17, 2001 AG Opinion (continued) • Districts may not delay providing requested public information in order to notify private landowners that the information has been requested. There is no provision for this in the Public Records Act.

41. Attorney General Opinions (continued) • *AG Opinion – May 12, 2003Bid proposals, such as solicited bid proposals for a water quality consultant, are “public records”. As such, they must be provided to those members of the public who so request. However, the Conservation District may withhold letters of reference, trade secrets and confidential commercial or financial data submitted as part of a bid package. *Copies of these opinions can be obtained from WDA or WACD