Recently Asked Questions

A member library has the following questions concerning libraries that are subject to Open Meetings Law (OML) and have adopted Robert’s Rules of Order for their meetings:
1. Are consent agendas allowed for agencies subject to OML?
2. Should public or association libraries refrain from having their Boards of Trustees accept the financials (motion, second, vote) presented by the library’s treasurer so as not to give the appearance of agreement and assurance that they are accurate and without error?
3. If there is a board committee that, per the bylaws, is not given the power to act independently o[f] the board, is it permissible for a member of such a committee to make a motion to be followed by discussion and vote without a second?
4. From the perspective of OML or others that you know are relevant for the library is it legally acceptable for a board chair to make a motion?

Often times, our meeting agenda changes so we would like to add a disclosure at the bottom that reads “Agenda is subject to change.”

Is this something that is allowed, and would it need to be included in our bylaws?

"Ask the Lawyer" got two questions about the April 9, 2022 changes to the Open Meetings Law ("OML"), which will enable library boards to more easily meet via videoconferencing.  The questions asked for sample resolution language to enable a board to meet via videoconference, and compliance checklists to make sure a board is getting all the new details right.

I am the Board Secretary.

Is an electronic signature (a real scanned one) OK for approved board meeting minutes that will go up for the public on the web site?

In our case, a paper copy of the minutes that is signed for real will also go into the archives of the library...which leads to the broader question of when such scanned electronic signatures can be used or not?

Many thanks!

I just read your excellent answer about posting documents per the OML changes in advance of meetings.

I think you are right on target.

My concern is to ask you to add to your questions for the COOG the following: Do working documents being shaped and edited at committee meetings need to be posted in advance of the committee meeting?

The Committee meeting is an open meeting. Let's say the policy committee is going to discuss a draft revision to a policy. Must we really post the draft revision prior to the meeting? The way our board works, the draft is likely revised several times over three or four policy committee meetings before it becomes part of a board packet for a full board meeting. My "gut" tells me that complying at that level would be overkill. A similar situation would be draft versions of a budget.

I think the public has an opportunity to see the documents in question before they are finalized at a full board meeting, so my instinct is that working documents would not need to be posted in advance. But that's not what a strict reading of the law itself and your posting tells me.

So, I am torn and would love clarification.

Lastly, I just want to compliment you on this service that you are providing. it is really great.