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Open Meetings Act |
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Function and policy The function of the public body plays a part in determining the scope of how the Open Meetings Act applies to that body. The Open Meetings Act manual notes that the Act applies to public bodies performing advisory, legislative or quasi-legislative functions. It does not apply when a public body is performing a judicial, quasi-judicial or administrative function. The Act defines these functions in the following manner: Advisory functions include "the study of a matter of public concern or the making of recommendations on the matter, under a delegation of responsibility." Legislative functions include "the process or act of ... approving, disapproving, enacting, amending or repealing a law or other measure to set public policy." This also includes appointments. Quasi-legislative functions include "the process of rulemaking, approving, disapproving or amending a budget and approving, disapproving or amending a contract," including employment contracts. Judicial functions, which are exempt from the Act, include "the exercise of any power of the judicial branch of the state government" except rulemaking. Quasi-judicial functions, which are exempt from the Act, include "a determination ... of a contested case." Administrative functions, which are exempt from the Act, include "the application of an already established law or policy."
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