Staff Analysis of the Legislation
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Under current law, public meetings are defined as gatherings in person or through technological devices of a quorum of the members of a public body at which they discuss, propose, or take legal action, including any deliberation by a quorum regarding that action. The names of members who propose motions, make statements, or present materials must be recorded regarding a member's actions in a meeting. Civil penalties for a violation cannot exceed $500 and it is not specified that a person needs to knowingly violate public meeting laws. Includes an exchange of electronic communications among a quorum of the members of a public body that involves discussion, deliberation, or the taking of legal action concerning a matter likely to come before the body for action. Adds the requirement that all the meetings of public bodies, except for executive sessions, include a record of how each member voted. Enables the Attorney General to commence a suit in the superior court in the county where a public body ordinarily meets against one of its members if they knowingly violate public meeting laws. Allows the imposition of a civil penalty of up to $500 for a second offense and up to $2,500 for a third and subsequent offenses and allows the court to choose not to impose a penalty if it is found in public record that the defendant objected to the offending action of the public body. Prohibits a public body from paying or reimbursing the civil penalty of a defendant who knowingly violated public meeting laws.
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