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When to Consult Your Lawyer: Public Meetings

Ideally, your attorney is on speed-dial for routine questions so you can get them answered quickly and clearly. In the area of public meetings, at minimum legal advice is strongly recommended in the following situations:

  1. Before you call an executive session. Many public entities are well-versed in what is permitted and not permitted with respect to executive sessions of the governing board. But in this lawyers’ experience, violations of executive session requirements are extremely common and potential consequences can be substantial.
  1. If there is a lot of conflict among board members or between board members and staff. Conflict invites controversy, and controversy creates fertile ground for legal claims. Ongoing conflict also keeps the board from getting its business done, which makes things harder for everyone and undermines public trust.
  1. Meeting attendees are disruptive or threatening. It’s a common misunderstanding among members of the public that the meeting is theirs to control. Not true. If you are feeling threatened, intimidated, or can’t get business done, your lawyer may have recommendations for addressing the situation.
  1. When board members are unclear on their duties and obligations. Sometimes board members “go rogue” on purpose. Other times they just may not know what their role is or what is expected of them. Your attorney can be a resource to help you navigate through issues of board governance.
  2. Anytime you have questions. If you’re not sure what you’re doing, don’t feel like you have to go it alone. It’s better to ask a dumb question (it probably isn’t as dumb as you think it is) and avoid a mistake than to wing it and try to clean up mistakes later.