Title 42. Public Officers and Employees

Chapter 1-a. Open Meetings Law

42:17.2   Exception for certain meetings of certain public bodies

A. Notwithstanding any other provision of this Chapter to the contrary, a public body identified in Subsection H of this Section may conduct and its members may attend and participate in a meeting via electronic means provided that all of the requirements of this Section are met. 

B. No later than twenty-four hours prior to a meeting conducted pursuant to the provisions of this Section, the public body shall provide for all of the following: 

(1) The notice and agenda for the meeting, which shall be posted on the website of the public body, emailed to any member of the public or the news media who requests notice of meetings of the public body, and posted and distributed as otherwise required by this Chapter and by law. 

(2) Detailed information regarding how members of the public may participate in the meeting and submit comments regarding matters on the agenda, which information shall be posted on the website of the public body and emailed to any member of the public or the news media who requests notice of meetings of the public body. 

C. For each meeting conducted pursuant to this Section, the following requirements shall apply: 

(1) The presiding officer shall be present and shall preside over the meeting at the anchor location. The anchor location shall be open to the public. Any member of the public body or the public shall be allowed to participate in person at the anchor location. 

(2) The public body shall provide a mechanism to receive public comment electronically in the manner it prescribes prior to and, to the extent practical, during the meeting. 

(3) The public body shall identify and acknowledge all public comments inclusive of those received in person during the meeting and those received in writing or electronically prior to any submission deadline for the meeting and shall maintain those comments in its record of the meeting. 

(4) The presiding officer of the public body shall ensure all of the following: 

(a) That each person participating in the meeting is properly identified. 

(b) That all parts of the meeting, excluding any matter discussed in executive session, are clear and audible to all participants in the meeting including the public. 

(c) That the voting decision of each participating member of the public body on each matter is clearly identified during each vote during the meeting and recorded and included in the archive of the meeting. 

(5) If the public body is aware of a technical problem that causes the meeting to no longer be audible, or if applicable, visible and audible to the public, the meeting shall be recessed until the problem is resolved. If the problem is not resolved within one hour, the meeting shall be adjourned and the presiding officer shall make an effort to alert all participants to that fact. 

(6) The meeting shall be recorded and made available to the public in an online archive located on the public body’s website for at least two years. 

(7) All documents made available to members of the public in attendance at the anchor location shall be made available electronically to members of the public participating electronically to the extent practical. 

D. For the purposes of this Section, the following definitions apply: 

(1) “Anchor location” shall mean the public location at which the public body holds in-person meetings or is specifically equipped with the technology necessary to meet via electronic means. 

(2) “Meeting via electronic means” shall mean a meeting at which one or more members of a public body or members of the public participate via teleconference or video conference. 

(3) “Teleconference” shall mean a method of communication which enables persons in different locations to participate in a meeting and to hear and otherwise communicate with each other. 

(4) “Video conference” shall mean a method of communication which enables persons in different locations to participate in a meeting and to see, hear, and otherwise communicate with each other. 

E. (1) All members of the public body participating in a meeting held pursuant to this Section, either at the anchor location or via electronic means, shall be counted for the purpose of establishing a quorum and may vote. 

(2) Each public body conducting meetings pursuant to this Section shall adopt rules, regulations, and procedures to allow the public to participate in the meeting via electronic means. State agencies as defined by R.S. 49:951 shall promulgate the rules pursuant to the Administrative Procedure Act. 

F. (1) Except as otherwise provided in Paragraph (2) of this Subsection, each public body that conducts meetings via electronic means pursuant to this Section shall limit the number of its regularly scheduled meetings via electronic means to no more than one-third in a calendar year, shall limit the number of successive meetings via electronic means to a reasonable number, and shall, to the extent practicable, publish a schedule of its meetings indicating which upcoming meetings will be conducted via electronic means and which will be conducted only in person. 

(2) Any public body that is strictly advisory or that primarily focuses on issues dealing with disabilities or assisting military families may conduct successive meetings via electronic means without limitation and shall, to the extent practicable, publish a schedule of its meetings indicating which upcoming meetings will be conducted via electronic means and which will be conducted only in person. 

G. No member of a public body who participates in a meeting via electronic means shall be eligible to or receive per diem for attendance at the meeting. 

H. (1) Except as provided in Subsection I of this Section, the provisions of this Section shall apply to any public body which has powers, duties, or functions that are not limited to a particular political subdivision or region and that conducts at least six regularly scheduled meetings in a calendar year. 

(2) However, no licensing or regulatory public body shall conduct a disciplinary hearing or adjudication via electronic means pursuant to this Section. 

I. The provisions of this Section shall not apply to: 

(1) The legislature, either house of the legislature, or any committee of the legislature or either house of the legislature. 

(2) The State Board of Elementary and Secondary Education. 

(3) The Board of Regents. 

(4) The Board of Ethics or Ethics Adjudicatory Board. 

(5) The State Civil Service Commission. 

(6) The board of directors of the Louisiana Citizens Property Insurance Corporation. 

(7) The State Board of Commerce and Industry. 

(8) The board of supervisors for the Louisiana State University System, the University of Louisiana System, the Louisiana Community and Technical Colleges System, or the Southern University System. 

(9) Any parish board of election supervisors.

Added by Acts 2022, No. 723, § 2, eff. June 18, 2022. Amended by Acts 2023, No. 393, § 1.