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SPONSOR: |
Cervantes |
DATE TYPED: |
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HB |
273 |
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SHORT TITLE: |
Penalties for Open Meeting Act Violations |
SB |
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ANALYST: |
Maloy |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring Or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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Minimal |
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Responses
Received From
Administrative
Offices of the Courts
State
Highway and Transportation Department
Energy,
Minerals and Natural Resources
Office
of the Attorney General
SUMMARY
Synopsis of Bill
HB 273 proposes to
amend the Open Meetings Act to allow courts to impose a civil penalty of
up to $1,000 against a member of a public body that willfully and knowingly
violates a provision of the Act. In the
alternative, the member may be assessed the costs associated with the public
body’s efforts to correct the violation, whichever is greater ($1,000 or
costs).
The bill requires that
members of the public bodies be held personally liable for the civil
penalty if imposed and the penalty cannot be paid by public funds.
Finally, the bill
proposes to amend the current maximum criminal penalty from $500 to
$1,000.
1.
The public’s right to free, unfettered access to,
and opportunity to participate in, governmental business and operations and ensuring
the preservation of this right through enhanced penalties is
addressed by this bill.
2.
Such actions will encourage members of public
boards and commissions to take their duties seriously, and may strengthen the
public’s faith in the governmental process.
3.
However, many serve on public boards and
commissions without pay (or with minimum reimbursement of per diem). Enhancing personal penalties for members may
discourage qualified people from accepting such positions.
FISCAL IMPLICATIONS
The costs associated with implementation of this
bill are minimal.
ADMINISTRATIVE IMPLICATIONS
Allegations that the Open Meetings Act has been
violated are generally referred the Attorney General’s Office, Civil
Division. This amendment should not lead
to an increase in alleged violations. It
should lead to a decrease as public body members grow to understand the consequences
of their failure to conduct public business in accordance with the requirements
of the Open Meetings Act.
SJM/njw:sb