Board of County Commissioners v. Landmark Community Newspapers

446 A.2d 63, 293 Md. 595, 1982 Md. LEXIS 275
CourtCourt of Appeals of Maryland
DecidedJune 9, 1982
DocketNo. 162
StatusPublished
Cited by4 cases

This text of 446 A.2d 63 (Board of County Commissioners v. Landmark Community Newspapers) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of County Commissioners v. Landmark Community Newspapers, 446 A.2d 63, 293 Md. 595, 1982 Md. LEXIS 275 (Md. 1982).

Opinion

Smith, J.,

delivered the opinion of the Court.

In this case we are faced with yet another application of Maryland’s second "sunshine” law embodied in Maryland Code (1957, 1980 Repl. Vol.) Art. 76A, §§ 7-15 (the Act) as enacted by Ch. 863 of the Acts of 1977.1 The Act is contained in a subtitle captioned "Meetings of Public Bodies.”

Appellees, Landmark Community Newspapers of Maryland, Inc., and Gerald R. Fischman (Landmark), sued the members of the Board of County Commissioners of Carroll County. They sought a declaratory judgment to the effect that meetings of the County Commissioners styled as "work sessions” or "executive sessions,” which are not open to the public and during which the budget for Carroll County was in the process of preparation, violated the Act. Reference was made to three specific meetings held for the purpose of "discussLing] the proposed budget for Carroll County for the fiscal year July 1, 1981 to June 30, 1982.” 2 [598]*598The point was made that no notice of those meetings was given to the public as required by Art. 76A, § 12 and that Fischman was not allowed to attend the meetings. The County Commissioners of Carroll County, as an entity, filed a counterclaim asking for a declaration that under a resolution of the County they were "acting in an 'executive function’ ” as that term is defined in the Act "until such time as a proposed budget [was] submitted to the Clerk to the County Commissioners of Carroll County as required by [that] [resolution,” after which time they would be performing a "quasi-legislative function” in considering the budget as that term is defined in the Act. The County sought a further declaration that its "review sessions,” during which the proposed budget was formulated, did not constitute "meetings” for the purposes of the Act.

The matter was heard on the County’s motion for summary judgment. The chancellor filed a memorandum decree in which he ruled against the County. He granted a permanent injunction "requiring] ... all future meetings of the Defendants concerning the budget for Carroll County [to] be open to the public” and "that any minutes, tapes, or notes of any prior meetings held in violation of Article 76A be made available to the Plaintiffs for inspection and transcribing . . . .” The County then moved for reconsideration. It argued, among other things, that this case involved the appropriation of public funds and, thus, under § 14 (g) of the Act the trial court was deprived of jurisdiction. The trial judge again ruled against the County. An appeal to the Court of Special Appeals followed. We granted the County’s request that we issue the writ of certiorari and consider the case prior to a determination by the intermediate appellate court. Since we regard this case as controlled by Avara v. Baltimore News American, 292 Md. 543, 440 A.2d 368 (1982), we shall reverse.

[599]*599I

The public policy embodied in the Act is stated in § 7:

"It is essential to the maintenance of a democratic society that except in special and appropriate circumstances public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy.”

The various terms used in the Act are defined in § 8. Relevant here are those definitions concerning executive and quasi-legislative functions and the meaning of the word "meeting.” An executive function is said in § 8 (c) to mean "the administration or application by a public body of the laws of the State or a political subdivision of the State, or of the rules, regulations, or bylaws of a public body.” This term does not include, however, any action defined as advisory, legislative, quasi-legislative, judicial, or quasi-judicial. That portion of the definition of a quasi-legislative function here relevant is set forth in § 8 (i) (2). Such a function refers to "ft]he approval, disapproval, or amendment of a contract or a budget by a public body, or the process of doing so.” A meeting is defined in § 8 (f) as "the convening of a quorum of the constituent membership of a public body for the purpose of considering or transacting public business.” Section 8(f) states specifically that a meeting does not include "chance encounters, social gatherings, or other occasions which are not designed or intended for the purpose of circumventing the provisions of th[e] subtitle [pertaining to meetings of public bodies].” It is conceded that a board of county commissioners is a public body since § 8 (g) defines that term as including, among other things, "an entity consisting of two or more persons that is created by the State Constitution [or] by State statute . . . .”

By the terms of § 9 the Act is applicable to a public body "when it is exercising legislative, quasi-legislative or [600]*600advisory functions.” The Act is not applicable to a public body "when exercising executive, judicial or quasi-judicial functions ....” Subject to the provisions of § 9, § 10 specifies that the meetings of every public body shall be open to the public unless closed in accordance with § 11.

Procedures for closing meetings for certain specified purposes are set forth in § 11. There is no contention here that any valid attempt under § 11 had been made to close the meetings in question. Accordingly, we have no need to refer to the details of § 11. Section 12, "[sjubject to the provisions of § 9,” indicates that "every public body shall give reasonable advance notice of its open meetings” as well as notice of closed sessions as provided in § 11 (b) (2).

Section 13 requires the keeping of written minutes by every public body covered under § 9, with those minutes being "prepared as soon as practicable under the circumstances.” The minutes must be "open to public inspection during ordinary business hours.” Section 13 further specifies that "notwithstanding the provisions of Article 76A, minutes of a meeting lawfully held in closed session may not be open to public inspection if that would frustrate the purpose for having the closed session.”

Enforcement provisions are contained in § 14. Section 14 (a) authorizes any person adversely affected by an action in violation of § 10 or § 12 to file suit in the circuit court having proper venue for the purpose of "requiring compliance with the provisions of these sections, determining the applicability of these sections, or voiding the action.” However, pursuant to the provisions of § 14 (b), such an action must be filed within forty-five days after the next public meeting or session following the "alleged improper closed meeting or session” under § 10, at which notice of the action taken or decision made at the closed meeting or session is given in accordance with § 11 (b). If a violation of § 12 is alleged, then the suit must be filed within forty-five days after the public meeting for which notice was not properly given. Section 14 (g) specifically states that § 14, which contains the enforcement provisions, "does not apply to an action appropriating public funds, levying taxes, or [601]*601providing for the issuance of bonds, notes or other evidences of public obligation.”

It would appear at this time that each of the fifty states has some form of an open meetings statute.

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Bluebook (online)
446 A.2d 63, 293 Md. 595, 1982 Md. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-county-commissioners-v-landmark-community-newspapers-md-1982.