Who enforces the Open Meetings Act?
It is the responsibility of the administration and governing body to assure that the provisions of the Open Meetings Act are enforced. Any individual may contest an action that they think was done in violation of the Open Meetings Act administratively through local channels and ultimately may, within 180 days, file a court action if the issue isn’t remedied locally AS 44.62.310(f)). There are several court cases that have ruled in favor of the Open Meetings Act. When deciding these cases, the court doesn’t just consider whether a violation has occurred, but also considers whether the action has interfered with the public process that the act was intended to protect. Can a governing body enter into executive session to discuss potential problem issues or receive general legal advice from their attorney? No. Executive session procedures require that the reason for calling the executive session be clearly stated – it is not enough to state “personnel issues” or “legal advice” as the reaso