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Quiz 2

Click on each answer to see whether you’re right and for an explanation.

True or False? State sunshine laws apply to local government meetings and not just to state government-level meetings.  Local government officials must comply with state sunshine laws.

True

Correct. Sunshine laws that permit public access to government meetings generally apply to state and local government. Local government agencies generally must comply with state notice and open meeting requirements.

False

Incorrect. Local government agencies generally must keep meetings open. Local government agencies, commissions and boards are generally covered by state sunshine laws and members of the public have a general right to attend local government meetings.

True or False? In order to attend local government meetings, you must have press credentials and be affiliated with a newspaper or other media company.

True

Incorrect. Citizen journalists generally have the same rights of access to meetings as reporters from mainstream media companies.

False

You generally do not need any special identification or authorization or press credentials to attend government meetings.  You are generally entitled to the same rights of access to meetings as reporters from mainstream media companies.

True or False?  State and local governments post all information about meeting dates and times on their Web sites.

True

Incorrect. While many state and local Web sites do contain such information, it isn’t always available in an obvious way online. You may need to check with your town or village clerk or other local official to find out about meeting dates and to obtain copies of meeting agendas. You also should check your state’s sunshine law for government agency obligations regarding notice, including meeting date, time and agenda notice requirements. If your local agencies are not in compliance, follow up to ensure the notice reqiurements are met in the future.

False

Correct. While there may come a time when all information that should be public is publicly available online, we are nowhere near that point. You can’t necessarily rely on your state and local agency Web sites for meeting information and may need to check with local government clerks and local officials and commission heads to ensure you are fully aware of upcoming meetings that you may wish to attend and cover.

True or False?  When attending a public meeting, you do not necessarily have the right to participate.  The agency may not be required to take the time to hear what you have to say, answer your questions, or consider your comments.

True

Correct. While sunshine laws provide the right to attend meetings, they do not generally provide the right to actively participate.

False

Generally incorrect. Under sunshine laws, you have the right to attend and observe. You do not necessarily have the right to be an active participant in the meetings you attend.

True or False?  If you arrive at a scheduled local government meeting and find that it is being closed to the public, you should quickly and quietly pack up and leave and, next time around, confirm with the local clerk that the meeting will be open to the public.

True

Incorrect. While you shouldn’t create a fuss, you should come to the meeting with knowledge of the reasons under the law that a meeting may be closed and ask whether and how the decision to close the meeting falls within those permissible reasons. If there is no legitimate reason for closing the meeting, you should ask to stay and, if excluded, politely make clear that you object.

False

Correct. Sunshine laws provide the right to attend meetings and a meeting covered under the law should be open unless one of the exceptions that permits closure applies. Come to the meeting with a print out or specific knowledge of these exceptions and, if you’re told a meeting or some portion of it, will be closed, ask which exception applies. Your local agency might just reconsider the decision to close the meeting and allow you to stay. If you’re still required to leave and you’re not convinced that a legitimate exception to keeping meetings open applies, state your objection publicly and then leave politely. You can then follow up with your state’s open government contacts.

Which of the following scenarios is likely to provide a legitimate reason for closing a government meeting under your state’s sunshine law?

A. Board of Education deliberation of next steps for the math curriculum following $1.2 million in wasted expendutures on a failed educational program.

Incorrect. This is unlikely to fall under any exception to your state’s open meeting law and should be open to the public.

B. Presentations before the Planning and Zoning Commission of alternative proposed redevelopment plans and the Commission’s questioning of developers.

Incorrect. This is unlikely to fall under any exception to your state’s open meeting law and should be open to the public.

C. The portion of the meeting concerns an internal investigation of an overtime billing scam that is likely to lead to an arrest of a town employee.

Correct. This would likely fall under exceptions to open meeting law. The information about the scam would become public if and when the employee was formally charged by law enforcement authorities.

D. The meeting is about budgetary shortfalls and the consideration of such dire measures as layoffs, discontinuation of building projects, and spending freezes.

Incorrect. This is unlikely to fall under any exception to your state’s open meeting law and should be open to the public.

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