Maryland Open Meetings Compliance Board

Maryland Open Meetings Compliance Board
Name	Maryland Open Meetings Compliance Board
Formed	2016
Jurisdiction	Maryland
Headquarters	Annapolis, Maryland
Chief1 name	Vacant
Chief1 position	Executive Director
Parent agency	Maryland Open Meetings Act

Maryland Open Meetings Compliance Board is an independent administrative body charged with interpreting and enforcing the Maryland Open Meetings Act for public bodies across Maryland. It issues advisory opinions, investigates complaints, and provides training to officials from counties such as Montgomery County, Maryland, Baltimore County, Maryland, and Prince George's County, Maryland. The board operates within the statutory framework established by the Maryland General Assembly and interacts with courts including the Court of Appeals of Maryland.

Overview

The board functions as an adjudicative and advisory entity that reviews alleged violations of the Maryland Open Meetings Act and offers guidance to entities like the Maryland Transit Administration, Baltimore City Council, and various Maryland state agencies. It provides written opinions, conducts hearings in venues such as Annapolis, Maryland and Baltimore, Maryland, and disseminates training materials to officials from institutions like Johns Hopkins University and county councils. The board’s work frequently intersects with litigation in the Circuit Court for Baltimore City and appellate review by the Maryland Court of Special Appeals.

History and Legal Authority

Created by the Maryland General Assembly in response to concerns about compliance with the Maryland Open Meetings Act, the board derives authority from statutory amendments enacted in sessions of the Maryland General Assembly and signed by governors including Larry Hogan and Martin O'Malley. Its creation followed high-profile disputes involving bodies such as the Baltimore Police Department and municipal councils in places like Frederick County, Maryland and Howard County, Maryland. The board’s enabling statute delineates jurisdiction, remedies, and procedures and is interpreted in cases brought to tribunals including the United States District Court for the District of Maryland when federal issues arise.

Structure and Membership

Statutorily composed of appointed members representing diverse regions—appointments made by officials such as the Governor of Maryland and confirmed by the Maryland Senate—the board blends legal practitioners, public administrators, and civic leaders. Members have included former legislators from districts like Maryland's 3rd congressional district and attorneys who have practiced before the Maryland Bar Association. The staff includes an executive director and investigators who coordinate with county attorneys from entities such as the Office of the State's Attorney for Baltimore City and counsel from municipal law offices in Columbia, Maryland.

Powers and Responsibilities

The board issues advisory opinions interpreting the Maryland Open Meetings Act, investigates complaints against bodies such as school boards in Anne Arundel County, Maryland and redevelopment authorities in Baltimore County, Maryland, and recommends corrective measures. It conducts training for officials from the Maryland Department of Transportation and local boards including planning commissions in Talbot County, Maryland. While it lacks punitive criminal authority, the board’s findings can precipitate civil litigation in venues like the Circuit Court for Anne Arundel County and influence actions by constitutional officers such as the Attorney General of Maryland.

Complaint and Enforcement Process

Complaints may be filed by citizens, journalists from outlets in Baltimore, or public officials alleging violations by bodies such as the Maryland State Board of Education or municipal councils in Salisbury, Maryland. The board’s process includes intake, preliminary investigation, evidentiary review, and issuance of a written determination. Where applicable, contested cases may be appealed to the Circuit Court for Prince George's County or other circuit courts; subsequent appeals can reach the Court of Appeals of Maryland. The board coordinates with the Office of the Attorney General of Maryland and local counsel when remedies implicate statutory or constitutional questions.

Notable Opinions and Decisions

The board has issued determinations involving the conduct of entities such as the Baltimore City Council, the Anne Arundel County Board of Education, and municipal authorities in Frederick, Maryland. Opinions have addressed the use of electronic communications by public members, closed-session justifications tied to personnel matters, and notice requirements affecting bodies like regional transit authorities. Several decisions influenced litigation in the United States Court of Appeals for the Fourth Circuit and shaped practices adopted by county councils across Maryland.

Impact and Criticism

Proponents cite the board’s role in increasing transparency for institutions like the Maryland Department of Health and improving compliance among civic bodies including county school boards. Critics—drawing from commentary by legal scholars at institutions such as the University of Maryland School of Law and advocacy groups operating in Baltimore—argue the board lacks strong enforcement teeth and point to delays in issuing opinions. Legislative proposals debated in the Maryland General Assembly have sought to modify the board’s powers, appointment process, and scope of review.

Category:Government of Maryland Category:Open government in the United States