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BOARDS& COMMISSIONS–CITYOFLARAMIE, WYOMING Wyoming Public Records and the Open Meetings Acts of 2012 Prepared byDa presented by Paula Wilson-Cazier Executive Assistant to the City of Laramie Managera ---PAGE BREAK--- Board Member’s Power Despite (being) voluntary and uncompensated, board and commission members serve the City as part of decision-making structure, and have official contact with public Display professionalism, appropriate demeanor, and exercise sound judgment DC_PJWC/CMO/ ---PAGE BREAK--- Board Speaks As One Individual board members cannot speak for the Board - except in limited, predetermined cases Not speak board business on an individual basis Not offer individual opinions DC_PJWC/CMO/2013 ---PAGE BREAK--- Open Meetings Act All meetings must be open to public – although advisory (Resolution of Council – conduct public business) Open – notice of place, location, and set agenda Public to attendance does not to state name or sign in as they do in City Council meetings Seek recognition – board may required speaker to state name and affiliation Must keep minutes of proceedings ---PAGE BREAK--- Open Meetings Act (continued) “Meeting" means – an assembly of at least a quorum of the Board – which has been called by proper authority of Board – for the purpose of discussion deliberation presentation of information, or taking action regarding public business; DC_PJWC/CMO/2013 ---PAGE BREAK--- Open Meetings Act (continued) “Action" means – Any transaction of official business of the board or commission, including a collective decision of Board, a collective commitment or promise by Board to make a positive or negative decision, or an actual vote by Board upon a motion, proposal, resolution, regulation, rule, order or ordinance; DC_PJWC/CMO/2013 ---PAGE BREAK--- Open Meetings Act: (continued) Action may be taken by telephone or electronic means if the public is able to hear the meeting contemporaneously May NOT hold sequential communications to circumvent intent of statute. Social events DC_PJWC/CMO/2013 ---PAGE BREAK--- Violation knowingly and intentionally violates the section Any member of the Board who attends or remains at a meeting where an action is taken knowing that the action is in violation can be found liable. – EXCEPTION: unless minutes were taken during the meeting and the parts thereof recording the member's objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred Civil Penalty - punishable upon conviction by a fine of not more than seven hundred fifty dollars ($750.00). DC_PJWC/CMO/2013 ---PAGE BREAK--- Conflicts of Interest The following are the questions you may want to pose yourself whenever your question whether your have a potential conflict. If you respond “yes” to any of these questions, you may want to abstain from voting on the matter. 1. Is your interest direct and immediate as opposed to speculative and remote? 2. Does your interest provide you a greater benefit or a lesser detriment than it does for a large or substantial group or class of persons who are similarly situate? DC_PJWC/CMO/2013 ---PAGE BREAK--- Conflicts of Interest (continued) 3. Does your interest give the appearance of impropriety? Although it may not be necessary to consider the appearance of impropriety in determining an actual conflict of interest, the AG suggested it be considered to maintain the public’s confidence in the integrity of lawmakers. DC_PJWC/CMO/2013 ---PAGE BREAK--- Immunity from Legal Liability Qualified Immunity – while acting within scope of duties Provides for defense if acting within scope of duties Erode immunity – unethical actions or wrongful purpose could lead to exposure to liability intentionally violating due-process rights, equal protection, or acting contrary to legal advice) DC_PJWC/CMO/2013 ---PAGE BREAK--- Public Records Act Record – any physical or electronic form of information or communication. Open to public for inspection by holder of record – generally staff. Fee to provide by staff is set by City Council Penalty – Civil penalty – punishable by a penalty of not more than seven hundred fifty dollars ($750.00) DC_PJWC/CMO/2013 ---PAGE BREAK--- Parliamentary Procedure Meetings conducted according to Robert’s Rules of Order www.robertsrules.org DC_PJWC/CMO/2013