Were Zachary City Council workshops subject to Louisiana's open-meetings law even if no vote was taken?

Plain-English summary

Zachary's mayor asked whether council workshops were public meetings if members only received information and took no vote. The AG said a workshop about council business was a special meeting subject to the open-meetings law. The statutory definition included a quorum convened to receive information on a matter under the council's supervision, not just a quorum that voted or deliberated. A session confined to information unrelated to council matters fell outside the answer.

Under the charter provisions cited, the mayor or a majority of the authorized council membership could call a special meeting. The AG also quoted the then-current requirement for written public notice at least twenty-four hours in advance, including the agenda, date, time, and place.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did calling it a workshop avoid public-meeting rules?

No. The AG focused on whether a quorum received information about matters within council authority, not on the session's label or whether a vote occurred.

Could the mayor call a council work session?

The AG said the mayor or a majority of the council could call a special meeting under the cited Zachary Home Rule Charter provisions.

Did the opinion require advance notice for those workshops?

Yes, when the workshop was a special meeting. It cited the then-current twenty-four-hour written-notice rule and agenda requirement.

Background and statutory framework

R.S. 42:4.2 defined a meeting to include a quorum convened to receive information on matters under the body's authority. R.S. 42:7 governed meeting notice. The AG distinguished earlier retreat opinions based on whether a quorum would meet over public-body business.

Citations

• R.S. 42:4.2 (meeting definition).
• R.S. 42:7 (notice).
• Zachary Home Rule Charter, Section 2-09 (special meetings).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0034

Original opinion text

April 27, 2004
OPINION 04-0034

Mayor Charlene M. Smith
City of Zachary
P.O. Box 310
Zachary, LA 70791

Dear Mayor Smith:

This office is in receipt of your request for an opinion of the Attorney General in regard to “workshops” and “work sessions” of the Zachary City Council.

First you ask whether these “constitute special meetings that are subject to the provisions of the Louisiana Open Meetings Law, La. R.S. 42:1, et seq.” You indicate the City Council would like to hold these sessions at which no action would be taken by the council, and are for informational purposes only, although the workshops or work sessions would be open to the public with due notice being given.

Additionally, you ask “who has the authority to call Council workshops or work sessions, or special meetings in the event it is your opinion that such workshops or work sessions constitute special meetings.”

You relate you would like an interpretation on this point under the Louisiana Open Meetings Law as well as the Zachary Home Rule Charter and City Code.

In your first question you state that at the workshops or work sessions “no action would be taken and are for informational purposes only”. In this regard we note in Atty. Gen. Op. 89- 265 there was a request whether the retreats by members of the East Jefferson Hospital Board constituted a violation of the open meetings law, and in responding to this inquiry this office recognized that R.S. 42:4.2A defines meetings as “the convening of a quorum of a public body to deliberate or act on a matter over which the public body has supervision, control, jurisdiction, or advisory power” and that the retreats in question consisted primarily of seminars, forums, workshops and training courses and there was no allegation that any quorum was convened, any official deliberations undertaken, or any votes taken. This office noted while the request stated that it was logical to expect that seminars could include deliberations, it was found that this speculation was insufficient for this office to conclude that training seminars and retreats were included in the definition of meeting of R.S. 42:4.2.A.

Subsequently, in Atty. Gen. Op. 91-339 this office was asked if a proposed retreat would be a violation of the Open Meetings Law, and it was noted it had been presented with a

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similar request in Atty. Gen. Op 89-265 involving the same Hospital Board, and that this office had stated a mere suspicion that business would be discussed or deliberations had, would be insufficient for our office to conclude that training seminars and retreats are included in the definition of “meeting” of R.S. 42:4.2. However, it was found that the facts being presented required a different result as the listed facts led to the conclusion that this retreat is subject to the Open Meetings Law. It noted that all 12 board members would attend assuring a quorum, a seven member executive management team and two representatives would go, and the avowed purpose of the trip was to maintain “work momentum” now that a “vision statement has been written” and the “vision statement is a plan for the future of the hospital”. This office concluded, “It is apparent that the board intends to use the retreat as a forum or workshop for continued planning for the hospital thereby coming within the definition of a public meeting contained in R.S. 42:4.2A(1).”

In this latter opinion, this office quoted R.S. 42:4.2 as defining “meeting” as the convening of a quorum of a public body to deliberate or act on a matter over which the public body has supervision, control, jurisdiction, or advisory power. However, it further stated, “It shall also mean the convening of a quorum of a public body by the public body or another public official to receive information regarding a matter over which the public body has supervision, control, jurisdiction, or advisory power.” (Emphasis added.)

Moreover, in Atty. Gen. Op. 84-103 this office stated as follows:

A “Work Session” is not the regular meeting required by ordinance and must be viewed as a special meeting. Notice for a special meeting shall be given no later than 24 hours before the meeting. Such notice shall include the agenda, date, time, and place of the meeting, provided that upon approval of two-thirds of the members present at the meeting, the Council may take up a matter not on the agenda.

Accordingly, it would appear from the above quoted statements that a meeting of the council “to receive information regarding a matter over which the public body has supervision” would be included in the provisions of R.S. 42:4.2 for an open meeting. Therefore, it is our opinion that a “workshop” and/or “work session” of the Zachary City Council would constitute a special meeting that is subject to the provisions of the open meetings law, unless the meeting is restricted to information which is not relative to council matters.

In regard to your question as to who has the authority to call council workshops or work sessions, or special meetings, we find that the Zachary Charter sets forth in Section 2-09, Council Meetings and Rules, that “Special meetings may be held on the call of the presiding officer or a majority of the authorized council membership * ”; and Section 2-1 provides in part, “The Mayor and City Council are authorized to call or convene special meetings, from time to time, in a manner not inconsistent with law, should the occasion for

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such meetings arise.” (Emphasis added.)

For a special meeting the law as set forth in R.S. 42:7(A)(1)(b) provides as follows:

(I) All public bodies, except the legislature, and its committees and subcommittees, shall give written public notice of any regular, special or rescheduled meeting no later than twenty-four hours before the meeting.

(ii) Such notice shall include the agenda, date, time, and place of the meeting, provided that upon approval of two-thirds of the members present at a meeting of public body, the public body may take up a matter not on the agenda.

(iii) Following the above information there shall also be attached to the written public notice of the meeting, whether or not such matters will be discussed in an executive session held pursuant to R.S. 42:6.1(A)92).

Therefore, pursuant to the charter it appears a special meeting may be called either by the mayor or majority of the city council in accordance with the provisions for notice as required for regular, special or rescheduled meetings.

We hope this sufficiently answers your questions, but if we can be of further assistance, do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY:________
BARBARA B. RUTLEDGE
Assistant Attorney General

CCF/bbr

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OPINION 04-0034

90-B-4 Public Meetings

R.S. 42:4.2
R.S. 42:7

A meeting of the council to
receive information regarding
matters over which the public
body has supervision would
be included in the open
meeting law. The authority
to call for council workshops
would be either by the mayor
or majority of the council.

Mayor Charlene M Smith
City of Zachary
P.O. Box 310
Zachary, LA 70791

Date Received:
Date Released: April 27, 2004

BARBARA B. RUTLEDGE
ASSISTANT ATTORNEY GENERAL