Title 42. Public Officers and Employees

Chapter 1-a. Open Meetings Law

 

 

42:14      Meetings of public bodies to be open to the public

 

A. Every meeting of any public body shall be open to the public unless closed pursuant to R.S. 42:16, 17, or 18. 

 

B. 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 this Chapter. 

 

C. 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. 

 

D. Except school boards, which shall be subject to R.S. 42:15, each public body conducting a meeting which is subject to the notice requirements of R.S. 42:19(A) 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. The governing body may adopt reasonable rules and restrictions regarding such comment period. 

 

E. (1) Each public body that has the capability to allow any member of the public with a disability recognized by the Americans with Disabilities Act or a designated caregiver of such a person to participate in its meetings via teleconference or video conference as defined in R.S. 42:17.2 shall adopt rules, regulations, and procedures to regulate and facilitate participation via teleconference or video conference for any such person who prior to the meeting requests that accommodation. 

 

(2) Each public body that does not have the capability to allow any member of the public with a disability recognized by the Americans with Disabilities Act or a designated caregiver of such a person to participate in its meetings via teleconference or video conference as defined in R.S. 42:17.2 shall adopt rules, regulations, and procedures to facilitate viable alternative methods for a member of the public with a disability recognized by the Americans with Disabilities Act or a designated caregiver of such a person who so requests to participate in its meetings. 

 

(3) The requirements of this Subsection shall not be applicable during an executive session held in accordance with law, during any meeting that is sequestered in accordance with law, or to any public body included in R.S. 42:17.2(I). 

 

(4) State agencies as defined by R.S. 49:951 shall promulgate rules pursuant to the Administrative Procedure Act to implement this Subsection. 

 

Redesignated from R.S. 42:5 by Acts 2010, No. 861, § 23. Added by Acts 1952, No. 484, § 1. Amended by Acts 1976, No. 665, § 1; Acts 1977, No. 707, § 1; Acts 1978, No. 456, § 1; Acts 1979, No. 681, § 1; Acts 1981, Ex.Sess., No. 21, § 1, eff. Nov. 19, 1981; Acts 1989, No. 55, § 1; Acts 2001, No. 285, § 1; Acts 2010, No. 850, § 1; Acts 2023, No. 393, § 1.