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Open Meetings Act |
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Administrative function The administrative function, formerly called the executive function, is probably the most problematic aspect of the Open Meetings Act, especially when a public body performs both executive and legislative functions. Carroll County's commissioner form of government, for instance, requires the commissioners to perform both legislative functions and administrative functions, and problems arise when the two blend together. Two activities, certain licensing matters and all zoning matters, cannot be done under the administrative function. Generally speaking, the Open Meetings Act manual recommends a two-step process for determining whether the Act applies. First, the public body must determine whether the matter to be discussed is covered by any other defined functions. If that is the case, there can be no administrative function exclusion. Second, the public body must consider whether the matter involves developing new policy or is just the administration of existing policy or law. The development of new policy is not something that can be done outside the scope of the Open Meetings Act, only the administration of existing policy can occur outside the Act. This distinction can be clarified by comparison to a county executive. County executives routinely meet with department heads and perform various duties related to existing laws and policies. If comparable activities are performed by commissioners or a county council in a county without a county executive, these activities don't fall within the scope of the Open Meetings Act. When a legislative matter is considered by the commissioners or council, however, that does fall within the Act. Problems arise when public bodies use the administrative function to discuss existing policies, and then move to consider new policies without holding an open meeting. An important point to stress to public bodies that overuse the administrative function is that, while they are not required to hold those meetings in an open forum, there is no law prohibiting them from doing so. Most of the activities can take place in open meetings, if the public body is inclined to do so.
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