Understanding open meeting laws: a quick guide for nonprofits

Understanding the rules and requirements of board service is paramount for nonprofit board members, especially when public funding or programs are involved. Being well-versed in your state’s open meeting laws, often called sunshine laws, isn’t optional — it’s crucial. These laws mandate transparency and public access, aiming to foster accountability and trust.

But here’s where it can get complicated: such regulations extend their reach beyond governmental bodies to encompass nonprofit or association boards funded by public money or managing public initiatives. Ignorance isn’t just a faux pas; it can lead to legal repercussions and erode stakeholder confidence.

Here’s why grasping these rules is not just a formality, but a necessity, and how it could affect your governance role profoundly.

What are open meeting laws?

Open meeting laws  require government agencies, boards, commissions, and other public entities to conduct their meetings in the open. They were written to ensure that the public has access to government board actions and deliberations. The laws came about as a result of citizens’ concerns that government meetings that were being held in secret.

People felt that if they were paying taxes to a government, or if governmental decisions affected them, they have the right to attend and participate in those meetings. They also expressed concerns that government officials sometimes met informally at mealtimes and in other settings where they discussed business to which the public wasn’t privy. Some people became suspicious about discussions and decisions that affected them without giving them a forum to voice their concerns.

All states and the District of Columbia established open meetings laws by 1976 that allowed for greater transparency and public participation in government. Nonprofit boards that are governed by these laws need to be aware of the requirements so they don’t intentionally or unintentionally fall out of compliance.

Common types of nonprofits that are subject to open meeting laws are:

• State, local and federal boards, commissions and authorities
• State educational institutions
• Private entities receiving public funds
• Hospitals
• Homeowner associations
• Private entities providing services to public bodies

If you’re not sure if your nonprofit is subject to open meeting laws, it’s best to consult with an attorney who specializes in nonprofit law.

Why nonprofits need to understand open meeting laws

Board service often comes with more duties and responsibilities than some new board directors anticipate. It usually falls on the nominating and governance committees that are subject to open meeting laws to ensure that new  board directors are knowledgeable about open meeting laws. Board orientation sessions should include the ins and outs of open meeting laws.

Open meeting laws require boards to post public notice of the meeting. The law may specify the timeframe in which the notice must be posted before the meeting. Laws may also specify where to post notices. In most cases, boards are required to hold meetings in physical locations that are easily accessible by the public. Where exceptions are relevant, it helps board directors to list the statute that describes the exception on the public notice.

Board members should also be aware that the laws and rules may be different depending on whether the meeting is a regular meeting, a special meeting or an emergency meeting. They should also be aware that open meeting laws also extend to committees and that they may be required to allow the public to attend and make records available for public viewing.

Open meeting laws usually define terms and instruct board members on how to handle special circumstances and exceptions to the law. They should pay special attention to issues such as:

• Public notice
• Agendas
• Meetings
• Committees
• Online or remote meetings
• Emails, texts, and other electronic communications
• Closed sessions
• Public attendance

Open meeting laws often contain a provision for how boards can handle situations where the public becomes disruptive or unruly during a public meeting. For example, some laws give boards the ability to clear the room under such a situation. The rules often also indicate whether the media can remain in the room if this situation were to occur. These exceptions were added so citizens could voice their concerns in ways that are safe and responsible.

At the heart of every successful nonprofit lies a powerful connection with its community — volunteers, donors, advocates and beneficiaries. Our guide, crafted with insights from industry experts, offers you the tools and tactics necessary to deepen these connections and enhance your organization’s impact. Download our guide today and turn your board into a community engagement powerhouse. 

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Open meeting laws give certain rights to the public

Citizens can look to the laws to find what rights they have under open meeting laws, the public has the right to attend and participate in board meetings. They may also be entitled to information about actions and discussions that took place at open meetings. Some states and municipalities also require boards to share internal email or other electronic correspondence. Another common exception is that citizens may not have rights to information about issues that boards address while in closed session.

Liabilities for noncompliance with open meeting laws

Nonprofit board members are bound by the duty of care, which means that they must place the interests of their organization above their own. Not knowing the open meeting laws doesn’t excuse board directors from being responsible for abiding by them. Nonprofit board directors who fail to comply with open meeting laws at any level can be held responsible. Lawsuits against nonprofit boards may involve the organization, individual directors or both.

Board management software can help ensure compliance

In most cases, noncompliance with open meeting acts is due to human error. However, human error won’t necessarily take nonprofit board directors off the hook with respect to their responsibilities. Automated processes for board meeting cycles eliminate some of the worry over forgetting or overlooking important meeting protocols for open meeting acts. BoardEffect supports every stage in the board meeting process. BoardEffect streamlines the process for creating board books, agendas and meeting minutes.

BoardEffect can help to ensure that boards post meeting notices properly and on time.

• It provides unlimited storage for public notices, agendas and minutes.
• Information from closed sessions can be stored so that information is confidential and private while allowing boards to release that information if they’re required to by law.
• It assists boards with every part of the meeting cycle, from creating and storing agendas and board books, scheduling meetings and other activities, to getting approvals and assigning tasks for action items.

Board directors who are subject to open meeting laws need to be knowledgeable about the requirements of the laws, including staying in compliance. The risks of noncompliance can be costly and can damage a nonprofit’s reputation.

BoardEffect is the perfect tool for nonprofit boards to use to ensure good governance practices and can help keep board directors compliant (and out of court). Find out how BoardEffect can help your board with open meetings law compliance by requesting a demo.