The Open Meetings Act

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Part 1 of the series Back to Basics

Clinton Campion, Sedor, Wendlandt, Evans & Filippi, LLC

This school year, we are going “Back to the Basics.” This will be the first of ten commentaries on basic school law principles. Webster’s Dictionary defines “back to basics” as “a return to a simpler way of doing something or thinking about something.” Our goal with this series is to provide the basic framework and tools necessary for successful boardsmanship.  

This first commentary focuses on the single most important rule boards and board members must follow …  the Open Meetings Act, AS 44.62. Understanding and adhering to the Open Meetings Act is critical for school boards because school board meetings are the only setting in which school boards can act.

History of Alaska’s Open Meetings Act

Since statehood in 1959, Alaska has had an Open Meetings Act. For the first two decades after statehood, the Open Meetings Act was not a particularly important law. It was so insignificant that the Alaska Supreme Court did not decide any cases involving it until 1980.

Today, there are almost ninety decisions from the Alaska Supreme Court which mention or address the Open Meetings Act. Since statehood, the Open Meetings Act has been amended eleven times, most recently in 2009.

Alaska State Policy on Open Meetings

Since 1972, it has been the policy  of the State of Alaska that:

  • Governmental units exist to aid in the conduct of the people’s business;
  • Governmental units must deliberate and take actions openly;
  • The people of this state do not yield their sovereignty to the agencies that serve them;
  • The people do not give public servants the right to decide what is good for people to know and what is not good for them to know; and
  • The people’s right to be informed shall be protected so they may retain control over the instruments they have created. 

The Alaska Supreme Court has explained Alaska’s Open Meetings Act was enacted to provide citizens with opportunity to attend and participate in all public agency meetings. Hayes v. Charney, 693 P.2d 831 (1985).

Basics of the Open Meetings Act

The Open Meetings Act requires meetings of school boards to be open to the public unless an exception applies. AS 44.62.310(a).

A meeting includes any “meeting,” or gathering of more than three school board members or a majority of school board members. AS 44.62.310(h)(2). 

The Open Meetings Act permits school boards to meet in executive session under limited circumstances. If a school board wishes to meet in executive session, it must first convene a public meeting. A motion must be made to move the meeting into executive session. The motion must clearly announce the proposed subject of the executive session without revealing the specific details of the subject. A majority of the board must vote in to go into executive session. Once in executive session, the board may only discuss those topics which were part of the successful motion. AS 44.62.310(b).

A school board may only go into executive session to discuss four subjects: (1) matters which would clearly have an adverse effect upon the district’s finances; (2) subjects which prejudice the reputation and character of any person; (3) matter required by law to be confidential; and (4) consideration of district records that are not by law subject to public disclosure. For subjects which prejudice the reputation and character of a person, that person may request a public discussion. While a board may not take action in executive session, it may provide direction to an attorney or labor negotiator. AS 44.62.310(c).

A school board is not required to follow the Open Meetings Act when it is acting in a judicial or quasi-judicial function such as a hearing on the termination of employment of a classified employee. AS 44.62.310(d)(1).

The Open Meetings Act does not apply to meetings such as the AASB Annual Conference or other similar meetings so long as school board members in attendance do not take any action or conduct any school board business at such meetings. AS 44.62.301(d)(7).

School boards must provide reasonable notice for all meeting, including the date, time, place, and telephone / videoconference information. AS 44.62.310(e).

If a school board meets in violation of the Open Meetings Act, any action it took is voidable. AS 44.62.310(f). This means the actions taken by a school board could be reversed by the court, requiring the school board to provide notice and provide public reconsideration on the same topics. A violation of the Open Meetings Act could lead to delay in important school district business as well as potentially significant litigation costs. 

Practice Pointers

As we have done in the past couple of years, we offer “practice pointers” to connect our commentaries with practical suggestions for school board members and administrators. Regarding the Open Meetings Act:

  • Do your board’s bylaws affirmatively state that board meetings are subject to the Open Meetings Act?
  • Do your board’s bylaws expressly permit meetings by video conference or telephone conference? 
  • Do your board’s bylaws include a procedure for meeting in executive session?

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