Bob Freeman – Q&A

Committee on Open Government (COOG)

Q: Can a board gather in a parking lot, even informally or spontaneously  to conduct library business?
A: No, there is no such thing as an informal meeting

Q: What is executive session – when can it be called and what does a board do after the session ends?
A: From the COOG website:  “…. It is noted that an executive session is not separate from an open meeting but rather is a portion of an open meeting during which the public may be excluded. … First, a motion must be made during an open meeting to enter into executive session; second, the motion must identify the general area or areas of the subject or subjects to be considered; and third, the motion must be carried by a majority vote of the total membership of a public body.  See advisory opinions under “E” for “Executive Session” in the OML Advisory Opinion Index.”

This means that first the meeting must be called to order; you can not begin your meeting in Executive Session and then start the public meeting.  Personnel is not an excuse to go into executive session.
Q: What information should be made public before a board meeting or after?
A: You need to send the local media an announcement regarding the meeting.  You do not have to post minutes, but you do need to make them available 2 weeks after the meeting.

Q: How quickly do board minutes need to be posted on the internet?  For that matter – what about financials, directors reports, warrants – things that can be done in advance to the meeting?
A: Never, you just need to make them available

Q: If a board member is the spouse of an employee, may the board member participate in discussions of raises and salary scales. We know that he may not vote but can he be part of the discussion? If not, can he be in the room when the topic is discussed and voted on?
A:  Use common sense, what is the ethical thing to do?

Other things learned and worth repeating:

A library board may use skype or a similar product to conduct business.  The connection must  have video and audio, using video, to conduct business.

Information may be sent via email – it is improbable that all the board members will open the email at the same time.

Library trustees need to do the right thing and use common sense.  And if you have questions, visit the COOG website or call.  Bob Freeman or one of his staff will answer the phone or return your call.