Public meetings.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0225.E1

HOUSE BILL
NO.
HB0120

Public meetings.

Sponsored by:
Representative(s)
Edmonds
, Blake, Buchanan, Gingery, Patton and Teeters and Senator(s) Dockstader and Martin

A BILL

for

AN ACT relating to
public meetings;
providing notice requirements for special meetings; providing for
audio
recording of executive sessions; providing
for proceedings to review executive sessions; providing for notice of executive sessions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S
.
16
‑
4
‑
404(b) and
16
‑
4
‑
405(b)
,
(c)
and by creating new subsections (d) and (e)
are amended to read:

16
‑
4
‑
404.

Types of meetings; notice; recess.

(b)

Special meetings may be called by the presiding officer of a governing body by giving notice of the meeting

at least
twelve
(
12
) hours before the meeting
to each member of the governing body and to each newspaper of general circulation, radio or television station requesting the notice.

The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at a special meeting.

16
‑
4
‑
405.

Executive sessions.

(b)

Except as provided in subsections (d) and (e) of this section,
m
inutes

and audio recordings
shall be maintained of any executive session. Except for those parts of minutes

and audio recordings
of an executive session reflecting a members' objection to the executive session as being in violation of this act, minutes
, recordings
and proceedings of executive sessions shall be confidential and produced only in response to a valid court order.

A person may seek access to the
minutes or recording
of an executive session by filing a petition with the district court wherein the record is found for an order directing the custodian of the record to show cause why he should not permit inspection of the
minutes or recording
. If a court finds, after an in-camera review of the
minutes or recording
of the executive session, that the governing body engaged in substantial discussion of any matters not enumerated in this section, or that the body took action as defined in W.S. 16
‑
4
‑
402(a), the portion of the
minutes or recording
that reflects the substantial discussion or action taken shall be open for public inspection and copying.

(c)

Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the governing body in attendance when the motion is made
, and only after the presiding officer of the governing body announces the topic to be considered with as much specificity as can be provided without compromising the reason for the executive session
.

Any announcement under this subsection need not specify the topic of litigation if the executive session is convened for purposes of paragraph (a)(iii) of this section.

(d)

In-camera review under this section shall not limit, waive or abrogate the scope or nature of the attorney-client privilege.

(e)

Audio recording shall not be required under this section of communications protected under W.S. 1
‑
12
‑
101. The electronic recording of the executive session shall reflect that no further record or electronic recording was kept of the discussion based on the opinion of the attorney representing the governing body that the discussion constituted a privileged communication.

Section 2.
This act is effective July 1, 2011.

(END)

1
HB0120