00 SENATE CS FOR CS FOR HOUSE BILL NO. 254(JUD)                                                                            
01 "An Act relating to open meetings of governmental bodies."                                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 44.62.310(a) is amended to read:                                                                    
04  (a)  All meetings of a governing [LEGISLATIVE] body of a public entity [,                                         
05 OF A BOARD OF REGENTS, OR OF AN ADMINISTRATIVE BODY, BOARD,                                                             
06 COMMISSION, COMMITTEE, SUBCOMMITTEE, AUTHORITY, COUNCIL,                                                                
07 AGENCY, OR OTHER ORGANIZATION, INCLUDING SUBORDINATE UNITS                                                              
08 OF THE ABOVE GROUPS, OF THE STATE OR ANY OF ITS POLITICAL                                                               
09 SUBDIVISIONS, INCLUDING BUT NOT LIMITED TO MUNICIPALITIES,                                                              
10 BOROUGHS, SCHOOL BOARDS, AND ALL OTHER BOARDS, AGENCIES,                                                                
11 ASSEMBLIES, COUNCILS, DEPARTMENTS, DIVISIONS, BUREAUS,                                                                  
12 COMMISSIONS OR ORGANIZATIONS, ADVISORY OR OTHERWISE,] of the                                                            
13 state [OR LOCAL GOVERNMENT SUPPORTED IN WHOLE OR IN PART BY                                                             
14 PUBLIC MONEY OR AUTHORIZED TO SPEND PUBLIC MONEY,] are open to                                                          
01 the public except as otherwise provided by this section or another provision of law.                                  
02 Except for meetings of a house of the legislature, attendance and participation at                                      
03 meetings by members of the public or by members of a governing body may be by                                         
04 teleconferencing.  Materials [AGENCY MATERIALS] that are to be considered at the                                      
05 meeting may [SHALL] be made available at teleconference locations.  [EXCEPT                                           
06 WHEN VOICE VOTES ARE AUTHORIZED, THE VOTE SHALL BE                                                                      
07 CONDUCTED IN SUCH A MANNER THAT THE PUBLIC MAY KNOW THE                                                                 
08 VOTE OF EACH PERSON ENTITLED TO VOTE.]  The vote at a meeting held by                                                   
09 teleconference shall be taken by roll call unless the question is approved by                                          
10 unanimous consent.  This section does not apply to any votes required to be taken to                                   
11 organize a governing [PUBLIC] body described in this subsection.                                                      
12    * Sec. 2.  AS 44.62.310(b) is amended to read:                                                                       
13  (b)  If permitted [EXCEPTED] subjects are to be discussed at a meeting in                                          
14 executive session, the meeting must first be convened as a public meeting and the                                      
15 question of holding an executive session to discuss matters that are listed [COME                                     
16 WITHIN THE EXCEPTIONS CONTAINED] in (c) of this section shall be determined                                             
17 by a majority vote of the governing body.  Subjects may not be considered at the                                      
18 executive session except those mentioned in the motion calling for the executive                                        
19 session unless auxiliary to the main question.  Action may not be taken at an [THE]                                   
20 executive session held under (c)(1) - (4) of this section.  Action may be taken at an                                  
21 executive session held under (c)(5) or (6) of this section.                                                            
22    * Sec. 3.  AS 44.62.310(c) is amended to read:                                                                       
23  (c)  The following [EXCEPTED] subjects may be considered [DISCUSSED]                                                
24 in an executive session:                                                                                                
25   (1)  matters, the immediate knowledge of which would clearly have an                                                 
26 adverse effect upon the finances of the public entity [GOVERNMENT UNIT];                                              
27   (2)  subjects that tend to prejudice the reputation and character of any                                             
28 person, provided the person may request a public discussion;                                                            
29   (3)  matters which by law, municipal charter, or ordinance are required                                              
30 to be confidential;                                                                                                   
31   (4)  matters involving consideration of governmental records that                                                   
01 are not subject to public disclosure;                                                                                  
02   (5)  legal matters with which an attorney who represents the                                                        
03 governing body or public entity is involved;                                                                            
04   (6)  matters involving labor relations between the public entity and                                                 
05 its employees.                                                                                                         
06    * Sec. 4.  AS 44.62.310(d) is amended to read:                                                                       
07  (d)  This section does not apply to                                                                                   
08   (1)  a governing body performing a judicial or quasi-judicial function                                           
09 [BODIES] when holding a meeting solely to make a decision in an adjudicatory                                            
10 proceeding;                                                                                                             
11   (2)  juries;                                                                                                         
12   (3)  parole or pardon boards;                                                                                        
13   (4)  meetings of a hospital medical staff; [OR]                                                                      
14   (5)  meetings of the governing body or any committee of a governing                                                 
15 body [HOSPITAL] when holding a meeting solely to act upon matters of professional                                      
16 qualifications, privileges or discipline;                                                                             
17   (6)  staff meetings or other gatherings of the executive,                                                           
18 administrative, or other employees of a public entity;                                                                  
19   (7)  meetings held for the purpose of participating in or attending                                                  
20 a gathering of a national, state, or regional organization of which the public                                          
21 entity, governing body, or member of the governing body is a member; or                                                
22   (8)  meetings held for the purpose of meeting with an elected official                                              
23 or representative of an elected official, if the elected official is not a member of                                    
24 the governing body or an official of the public entity the governing body                                               
25 represents.                                                                                                            
26    * Sec. 5.  AS 44.62.310(e) is amended to read:                                                                       
27  (e)  Reasonable public notice shall be given for all meetings required to be                                          
28 open under this section.  The notice must include the date, time, and place of the                                      
29 meeting and, if the meeting is by teleconference, the location of any teleconferencing                                  
30 facilities that will be used.  In addition to the publication required by AS 44.62.175(a)                               
31 in the Alaska Administrative Journal, the notice may be given in any reasonable                                        
01 manner.  This subsection does not apply to a meeting held for the purpose of                                          
02 considering an emergency that has caused or may cause immediate harm to the                                             
03 public health or safety [BY USING A COMBINATION OF PRINT AND                                                           
04 BROADCAST MEDIA].                                                                                                       
05    * Sec. 6.  AS 44.62.310(f) is repealed and reenacted to read:                                                        
06  (f)  Action taken contrary to this section is voidable.  An action may be                                             
07 brought in the superior court against a public entity seeking to void action on a subject                               
08 taken during a meeting held in violation of this section.  The action must be filed                                     
09 within 90 days after the first day of a meeting held in violation of this section.  A                                   
10 member of a governing body may not be named in an action to enforce this section                                        
11 in either the member's official capacity or personal capacity.  If the court finds that                                 
12 an action is void, the governing body may discuss and act on the matter at another                                      
13 meeting held in compliance with this section.  A court may hold that an action taken                                    
14 at a meeting held in violation of this section is void only if the court finds that,                                    
15 considering all of the circumstances, the public interest in compliance with this section                               
16 outweighs the harm that would be caused to the public interest and to the public entity                                 
17 by voiding the action.  In making this determination, the court shall consider at least                                 
18 the following:                                                                                                          
19   (1)  the expense that may be incurred by the public entity, other                                                    
20 governmental bodies, and individuals if the action is voided;                                                           
21   (2)  the disruption that may be caused to the affairs of the public entity,                                          
22 other governmental bodies, and individuals if the action is voided;                                                     
23   (3)  the degree to which the public entity, other governmental bodies,                                               
24 and individuals may be exposed to additional litigation if the action is voided;                                        
25   (4)  the extent to which the governing body, in meetings held in                                                     
26 compliance with this section, has previously considered the subject;                                                    
27   (5)  the amount of time that has passed since the action was taken;                                                  
28   (6)  the degree to which the public entity, other governmental bodies,                                               
29 or individuals have come to rely on the action.                                                                         
30    * Sec. 7.   AS 44.62.310 is amended by adding a new subsection to read:                                              
31  (g)  In this section,                                                                                                 
01   (1)  "governing body" means a commission, council, board, assembly,                                                  
02 or other similar body with the authority to establish policies for a public entity                                      
03 regarding the manner in which the entity will exercise its powers or duties, or with the                                
04 authority to make recommendations concerning the establishment of policies directly                                     
05 to another governing body; "governing body" includes the members of a subcommittee                                      
06 or other subordinate unit of a governing body if the subordinate unit consists of two                                   
07 or more members;                                                                                                        
08   (2)  "meeting" means a prearranged gathering of at least a majority of                                               
09 the authorized membership of a governing body held for the purpose of considering                                       
10 a matter upon which the governing body is empowered to act;                                                             
11   (3)  "public entity" means an entity of the state or of a political                                                  
12 subdivision of the state including an agency, the legislature, a board or commission,                                   
13 the University of Alaska, a public authority or corporation, a municipality, a school                                   
14 district, and other governmental units of the state or a political subdivision of the state.                            
15    * Sec. 8.  AS 44.62.312(b) is repealed.