Maryland Office of the Attorney General

The primary discussion centered on House Bill 920, with the board members expressing strong opposition. Key concerns raised regarding the bill included its potential to impose a significant administrative burden on public bodies and the board itself by requiring open meetings for nearly every personnel matter, potentially necessitating closed sessions under the existing personnel exception (Section 3-305) far more frequently. The board also noted that this proposed legislation appeared to be a knee-jerk reaction to a recent opinion issued by the board and that such significant changes to the Open Meetings Act should only occur after careful study, which had not been conducted for this bill. The board members unanimously agreed to draft a letter opposing the bill based on these points.

The primary focus of the annual meeting was the review of the draft annual report for fiscal year 2023. Key discussions included the board's function of issuing advisory opinions based on public complaints alleging violations of the Open Meetings Act. Statistical data reviewed covered the 40 written complaints received, resulting in 34 opinions issued, a decrease from the previous year. The review also detailed findings regarding specific violations, noting that 17 opinions involved finding one or more violations, with common violations pertaining to reasonable notice requirements, minutes/agenda requirements, procedure for closing meetings, and the general obligation for meetings to be open to the public. Board members expressed significant gratitude for the counsel and support provided by the Attorney General's office and the Institute for Governmental Service and Research at the University of Maryland.

The meeting served to review and potentially amend the draft 2025 Annual Report for the Open Meeting Compliance Board. Key discussions focused on the statistical overview of the fiscal year 2024 to 2025 period, noting a significant increase to 104 written complaints received across 54 entities, resulting in 66 opinions issued. The report highlighted common violations related to minutes, agendas, and procedural requirements for closed sessions. Specific attention was given to complaints concerning reasonable notice of meetings. Public comments addressed the availability of written minutes for annual meetings, election law provisions, and a recommendation to mandate the availability of written minutes even when audio/video recordings exist. The board also noted the resignation of a member after nearly five years of service.

The meeting served as the statutorily required annual meeting, primarily focused on reviewing and finalizing the board's annual report to the legislature for the fiscal year July 1, 2023, through June 30, 2024. Key discussion points included reviewing the quality of work related to evaluating alleged violations of the Open Meetings Act and expressing appreciation for the support provided by the Attorney General's office and the board's administrator. A significant portion of the meeting was dedicated to discussing and agreeing to recommend that the General Assembly consider clarifying the section of the Open Meetings Act concerning the removal of disruptive individuals, specifically addressing scenarios involving the removal of a majority or group of audience members rather than just an individual. The board also reviewed the draft annual report contents, including complaint statistics (44 written complaints received, 34 opinions issued), and noted an increase in opinions finding violations compared to the previous year.

The meeting included discussions on the 2024 report on hate activity in Maryland, the underreporting of hate crimes, and concerns about the enforcement of federal anti-discrimination laws. Updates were provided on the DOJ grant, regional hate crimes training forums, and the development of an online hate crimes training platform. The commission also discussed recommendations for the 2026 legislative session, including changes to the statute regarding the definition of sexual orientation and hate bias incidents.