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The Compliance Board considered a complaint that the Maryland Transportation Authority violated the Open Meetings Act by omitting required details from the minutes of a closed session. The minutes stated only that the members voted to move into closed session to discuss criminal conduct, rather than providing a listing of discussion topics as required. While the Authority acknowledged and corrected this violation of failing to include sufficient detail in the minutes, its separate closing statement posted online adequately described the topic of an ongoing criminal investigation and complied with the Act. The Board found the minutes were insufficient but the closing statement met legal requirements.

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29 views2 pages

7omcb140 PDF

The Compliance Board considered a complaint that the Maryland Transportation Authority violated the Open Meetings Act by omitting required details from the minutes of a closed session. The minutes stated only that the members voted to move into closed session to discuss criminal conduct, rather than providing a listing of discussion topics as required. While the Authority acknowledged and corrected this violation of failing to include sufficient detail in the minutes, its separate closing statement posted online adequately described the topic of an ongoing criminal investigation and complied with the Act. The Board found the minutes were insufficient but the closing statement met legal requirements.

Uploaded by

Craig O'Donnell
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© © All Rights Reserved
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7 Official Opinions of the Compliance Board 140 (2011)

Minutes Closed Session Statement Practices in violation


REVISED
April 21, 2011
Complainant: Respondent:
Craig ODonnell Maryland Transportation Authority
Kent County News
The Open Meetings Compliance Board has considered the complaint of
Craig ODonnell Complainant) that the Maryland Transportation Authority
(Authority) violated the Open Meetings Act (Act) by omitting from its
minutes of an open session a description of the topics discussed in a prior
closed session.
The Authority agrees with Complainant: the minutes of its January 27,
2011 open meeting did not state the topics that were discussed in the closed
meeting held that day. The open session minutes state merely that the
1
members unanimously voted to move into Closed Session pursuant to Section
10-508(a)(12) of the State Government Article ... to discuss an investigative
proceeding on actual or possible criminal conduct. Section 10-509(c)(2) of
the State Government Article (SG) requires public bodies which have met
in closed session to include in the minutes for their next open session a listing
of the topics of discussion, persons present, and each action taken during the
session. We have repeatedly noted that the mere parroting of the statutory
exception is not acceptable. 4 OMCB Opinions 38, 41 (2004). The Authority
thus violated the Act by omitting from its minutes the content required by 10-
509(c)(2), and it has since corrected them.

The Authority states that its omission (and hence violation of the Act)
was inadvertent and that it posted its closing statement on its website. The
closing statement provisions of the Act appear in SG 10-508 and are distinct
from the minutes provisions set forth in SG 10-509. See 3 OMCB Opinions
173, 178 (2002)(explaining the Acts three distinct public disclosure
mandates in connection [with] a closed meeting). The topic description in the
January 27, 2011 closing statement goes well beyond mere boilerplate and
thus complies with SG 10-508(d)(2). It reads:
This opinion replaces an earlier opinion, in which we mistook the
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concession made by the Authority.
140
7 Official Opinions of the Compliance Board 140 (2011) 141
The meeting will be closed under [SG 10-508(a)(12)] to
permit the MDTA Chief Police officer to discuss an
ongoing criminal investigation resulting from package
incidents at the Maryland Department of Transportation
headquarters and other locations.
We find that while the Authoritys closing statement complied with the
Act, its minutes did not.
OPEN MEETINGS COMPLIANCE BOARD
Elizabeth L. Nilson, Esquire
Courtney J. McKeldin
Julio A. Morales, Esquire

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