HLS 12RS-1267 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 949
BY REPRESENTATIVE NANCY LANDRY (BY REQUEST)
PUBLIC MEETINGS: Provides relative to meetings of public bodies
AN ACT1
To amend and reenact R.S. 42:15(A), 16, and 19(A)(1)(b)(ii) and to repeal R.S. 42:14,2
relative to meetings of public bodies; to provide relative to executive sessions; to3
provide relative to voting by members of such bodies; to provide relative to notice4
of such meetings; to provide relative to public comment at such meetings; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 42:15(A), 16, and 19(A)(1)(b)(ii) are hereby amended and reenacted8
to read as follows:9
§15. School board meetings Meetings of public bodies to be open to the public;10
public comment11
A.(1)(a) Every meeting of a public body shall be open to the public unless12
closed pursuant to R.S. 42:16, 17, or 18.13
(b) Each public body shall be prohibited from utilizing any manner of proxy14
voting procedure, secret balloting, or any other means to circumvent the intent of this15
Chapter.16
(c) All votes made by members of a public body shall be viva voce and shall17
be recorded in the minutes, journal, or other official, written proceedings of the body,18
which shall be a public document.19 HLS 12RS-1267 ORIGINAL
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(d) Notwithstanding any other law to the contrary, each school board subject1
to the provisions of this Chapter Each public body conducting a meeting which is2
subject to the notice requirements of R.S. 42:19(A), except as provided in Subsection3
B of this Section, shall allow public comment at any meeting of the school board4
prior to taking any vote. The comment period shall be for each agenda item and5
shall precede each agenda item.6
* * *7
§16. Executive Sessions8
A public body may hold executive sessions upon an affirmative vote, taken9
at an open meeting for which notice has been given pursuant to R.S. 42:19, of two-10
thirds of its constituent members present and voting. An executive session shall be11
limited to matters allowed to be exempted from discussion at open meetings by R.S.12
42:17; however, no final or binding action shall be taken during an executive session.13
The vote of each member on On the question of holding such an executive session,14
the roll shall be called and the vote of each voting member shall be recorded and,15
along with the reason for holding such an executive session, shall be recorded and16
entered into the minutes of the meeting. Nothing in this Section or R.S. 42:17 shall17
be construed to require that any meeting be closed to the public, nor shall any18
executive session be used as a subterfuge to defeat the purposes of this Chapter.19
* * *20
§19. Notice of meetings21
A.(1)22
* * *23
(b)24
* * *25
(ii) Such notice shall include the agenda, date, time, and place of the26
meeting, provided that upon unanimous approval of the members present and voting27
at a meeting of a public body, the public body may take up a matter not on the28
agenda. On the question of whether to take up a matter not on the agenda, the roll29 HLS 12RS-1267 ORIGINAL
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shall be called and the vote of each voting member shall be recorded and entered into1
the minutes of the meeting. Any such matter shall be identified in the motion to take2
up the matter not on the agenda with reasonable specificity, including the purpose3
for the addition to the agenda, and entered into the minutes of the meeting. Prior to4
any vote on the motion to take up a matter not on the agenda by the public body,5
there shall be an opportunity for public comment on any such motion in accordance6
with R.S. 42:14 or 15 42:15. The public body shall not use its authority to take up7
a matter not on the agenda as a subterfuge to defeat the purposes of this Chapter.8
* * *9
Section 2. R.S. 42:14 is hereby repealed in its entirety.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Nancy Landry HB No. 949
Abstract: For certain public bodies, requires public comment before each item of an
agenda at a public meeting, and requires that on the question of whether to hold an
executive session or whether to add an item to an agenda the roll shall be called and
the vote of each voting member be recorded and entered into the minutes.
Present law (R.S. 42:14–Open Meetings Law) provides that every meeting of any public
body shall be open to the public unless closed pursuant to present law (R.S. 42:16, 17, or
18). Provides that each public body shall be prohibited from utilizing any manner of proxy
voting procedure, secret balloting, or any other means to circumvent the intent of present
law. Provides that all votes made by members of a public body shall be viva voce and shall
be recorded in the minutes, journal, or other official, written proceedings of the body, which
shall be a public document. Proposed law retains present law.
Present law (R.S. 42:14) provides relative to public comment at meetings of public bodies
other than school boards and legislative bodies. Provides that each such public body shall
allow a public comment period at any point in the meeting prior to action on an agenda item
upon which a vote is to be taken. Authorizes a governing body to adopt reasonable rules and
restrictions regarding such comment period. Proposed law repeals present law.
Present law (R.S. 42:15) provides relative to public comment at meetings of a school boards.
Provides that such boards, except in Orleans Parish, shall allow public comment at any
meeting prior to taking any vote. Provides that the comment period shall be for each agenda
item and shall precede each agenda item. Provides further that for all school boards, a
comment period for all comments at the beginning of a meeting shall not suffice to meet the
requirements of present law.
Proposed law retains present law and makes present law applicable to all other public bodies
except legislative bodies. HLS 12RS-1267 ORIGINAL
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Present law provides that for the Orleans Parish School Board, public comment shall be
provided subject to reasonable rules, regulations, and restrictions as adopted by the school
board. Proposed law retains present law.
Present law (R.S. 42:16) provides relative to executive sessions. Provides procedures and
requirements. Requires an affirmative vote of 2/3 of a public body’s constituent members
present to hold an executive session. Proposed law specifies that the vote required is 2/3 of
a public body’s constituent members present and voting in order to hold an executive
session. Provides that on the question of holding such an executive session, the roll shall be
called and the vote of each voting member shall be recorded and entered into the minutes
of the meeting. Otherwise retains present law.
Present law (R.S. 42:19) provides relative to notice of meetings of public bodies other than
legislative bodies. Provides procedures and requirements for giving such notice. Requires
written public notice of a meeting. Requires such notice to include the agenda of the
meeting. Provides that upon unanimous approval of the members present at a meeting of
a public body, the public body may take up a matter not on the agenda. Requires any such
matter to be identified in the motion to take up the matter not on the agenda with reasonable
specificity, including the purpose for the addition to the agenda, and entered into the minutes
of the meeting. Provides that prior to any vote on the motion to take up a matter not on the
agenda by the public body, there shall be an opportunity for public comment on any such
motion. Prohibits the public body from using its authority to take up a matter not on the
agenda as a subterfuge to defeat the purposes of provisions of present law relative to open
meetings.
Proposed law specifies that the vote required for a public body to take up a matter not on the
agenda is unanimous approval of the members present and voting. Provides that on the
question of whether to take up a matter not on the agenda, the roll shall be called and the
vote of each voting member shall be recorded and entered into the minutes of the meeting.
Otherwise retains present law.
(Amends R.S. 42:15(A), 16, and 19(A)(1)(b)(ii); Repeals R.S. 42:14)