Agendas for Workshops?

Training for: Legal Notes

Question: Our board intends to hold a workshop. Must we post an agenda?

Answer: No, but public notice is still required.

As we’ve noted here before, Maine’s Freedom of Access Act (FOAA) or “Right to Know” law draws no distinction between “workshops,” which are usually for discussion only, and “official business meetings.” Regardless of how a board meeting is characterized (e.g., regular meeting, special meeting, workshop, work session, site visit, etc.), if it involves the transaction of any board function, including discussion only, it constitutes a public proceeding requiring prior public notice and permitting public attendance (see “‘Workshops’ Are Public Proceedings Under FOAA,” Maine Townsman, Legal Notes, June 2007).

But as we’ve also noted before, the Right to Know law does not require that public notice include an agenda, although local charters, ordinances or board bylaws may (see “Board Meeting Agendas,” Maine Townsman, January 2014). Nevertheless, we recommend an agenda, or at least a general description of the purpose of the meeting, in order to promote transparency and as an aid to the fair and orderly conduct of business.

We also recommend that agendas, besides listing anticipated items of business, include a catch-all item for “other business.” This is because there is a common (but generally incorrect) belief that a board may not act on a matter unless it is identified on the agenda. This is true for town meetings and town meeting warrants, of course, but not for municipal boards unless barred by charter, ordinance or bylaws. Adding “other business” to the agenda may mollify those who claim (again, generally incorrectly) that the board’s business is legally confined to the agenda.

For more on when and how notice of board meetings must be given, see our “Information Packet” on the Right to Know law, available free to members at www.memun.org. (By R.P.F.) n

Question: Our board intends to hold a workshop. Must we post an agenda?

Answer: No, but public notice is still required.

As we’ve noted here before, Maine’s Freedom of Access Act (FOAA) or “Right to Know” law draws no distinction between “workshops,” which are usually for discussion only, and “official business meetings.” Regardless of how a board meeting is characterized (e.g., regular meeting, special meeting, workshop, work session, site visit, etc.), if it involves the transaction of any board function, including discussion only, it constitutes a public proceeding requiring prior public notice and permitting public attendance (see “‘Workshops’ Are Public Proceedings Under FOAA,” Maine Townsman, Legal Notes, June 2007).

But as we’ve also noted before, the Right to Know law does not require that public notice include an agenda, although local charters, ordinances or board bylaws may (see “Board Meeting Agendas,” Maine Townsman, January 2014). Nevertheless, we recommend an agenda, or at least a general description of the purpose of the meeting, in order to promote transparency and as an aid to the fair and orderly conduct of business.

We also recommend that agendas, besides listing anticipated items of business, include a catch-all item for “other business.” This is because there is a common (but generally incorrect) belief that a board may not act on a matter unless it is identified on the agenda. This is true for town meetings and town meeting warrants, of course, but not for municipal boards unless barred by charter, ordinance or bylaws. Adding “other business” to the agenda may mollify those who claim (again, generally incorrectly) that the board’s business is legally confined to the agenda.

For more on when and how notice of board meetings must be given, see our “Information Packet” on the Right to Know law, available free to members at www.memun.org. (By R.P.F.) n