Did East Feliciana school-board advisory committees have to meet publicly when a quorum discussed recommendations?

Plain-English summary

East Feliciana Parish asked whether a school-board advisory committee's meeting was a school-board meeting when enough board members attended to form a board quorum. The AG said the open-meetings law applied to advisory committees as well as the full board. A committee that deliberated on recommendations to the board had to meet openly when a majority of its members constituted a quorum for committee business.

The AG found the label immaterial: whether it was called a committee meeting or a school-board meeting, a body with the described advisory functions was subject to the law. It distinguished a mere discussion group with no suggestions or advice from a committee exercising advisory, policy-making, or administrative functions.

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

Could the advisory committee deliberate privately because it was not the full board?

The AG said no. The open-meetings law covered a committee quorum discussing recommendations within its advisory role.

Did calling the meeting a committee meeting change the notice rule?

No. The AG said both the school board and its advisory committee were subject to the open-meetings law in the circumstances described.

Did any informal discussion group count as a public body?

The opinion distinguished a group that made no suggestions or gave no advice, while treating committees with advisory, policy-making, or administrative functions as covered.

Background and statutory framework

LSA-R.S. 42:4.2(A)(1) defined a meeting as a quorum convened to deliberate or act on a matter under a public body's authority. The AG cited earlier opinions applying that rule to committees and subcommittees and requiring public notice when their initial policy deliberations occurred.

Citations

• LSA-R.S. 42:4.2(A)(1) (meeting definition).
• Attorney General Opinions 83-728, 83-728A, and 90-300 (committee and discussion-group treatment).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0049

Original opinion text

March 25, 2004
OPINION NO. 04-0049

Mr. Michael L. Hughes, ADA
Attorney for East Feliciana Parish School Board
Twentieth Judicial District
P.O. Box 1247
St. Francisville, Louisiana 70775

Dear Mr. Hughes:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask if enough members of the East Feliciana Parish School Board to constitute a quorum attend advisory committee meetings, are these considered “meetings of the school board” within the meaning of LSA-R.S. 42:4.2(A)(1)?

This office has consistently concluded that such committee meetings that are not actions of the full authority, but discuss pertinent matters and recommendations to be presented at public meetings, are required to have notice pursuant to the Open Meetings Law.

In Attorney General Opinion 83-728, this office noted that a public body and its committees or subcommittees are subject to the provisions of the Open Meetings Law. Thereafter, in Attorney General Opinion 83-728A this office specifically responded to the inquiry of whether a committee consisting of four members, where the governing body consists of nine members, would constitute a quorum requiring notice and a public meeting. It was again stated that a public body and its committees or subcommittees are subject to the Open Meetings Law when the initial deliberations of public policy to be recommended by the public body occur at the committee or subcommittee level.

Further, this office recognized in Attorney General Opinion 90-300 that the Open Meetings Law does not apply to a discussion group that makes no suggestions or gives advice; however, when convened to receive information over a matter that the group has supervision, it is subject to the Open Meetings Law. It was found to apply to any committee or subcommittee so long as the committee or subcommittee possesses policy making, advisory or administrative functions.

Therefore, we would conclude a committee or subcommittee, which deliberates to advise the governing authority, is subject to being open to the public when a majority of the

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Mr. Michael L. Hughes
OPINION NO. 04-0049
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members of the committee are present and constitute a quorum to conduct the committee’s business.

With regard to whether the meetings of the advisory committees are considered meetings of the East Feliciana Parish School Board, LSA-R.S. 42:4.2(A)(1) defines “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. Clearly, the Open Meetings Law applies to any advisory committee of the school board which has supervision, control, jurisdiction, as well as to the East Feliciana Parish School Board itself. For this reason, it does not matter if the meeting is classified as a meeting of the committee or a meeting of the school board since both meetings are subject to the Open Meetings Law.

We trust your question has been answered. However, if you should need anything further from this office do not hesitate to call.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY:_______ Frances J. Pitman
Assistant Attorney General

CCF,Jr.:FJP:sc

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Mr. Michael L. Hughes
OPINION NO. 04-0049
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OPINION NO. 04-0049

90 - B - 4 - PUBLIC MEETINGS - State & Local Governing Bodies

LSA-R.S. 42:4.2(A)(1)

A committee or subcommittee which deliberates to advise the governing authority is subject to being open to the public when a quorum is present to conduct the committee’s business.

Mr. Michael L. Hughes, ADA
Attorney for East Feliciana Parish School Board
Twentieth Judicial District
P.O. Box 1247
St. Francisville, Louisiana 70775

DATE RECEIVED BR: 03.12.03
DATE RECEIVED SH: 03.17.03
DATE RELEASED: March 25, 2004

FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL