Could a Louisiana public board count members on a telephone conference call toward its meeting quorum?

Plain-English summary

The Vermillion Parish Tourist Commission asked generally whether a public body could use telephone conference calls to obtain a quorum at a public meeting. The 2013 opinion concluded no. Under the open meetings law the AG analyzed, a quorum of a public body had to be physically present, and telephone participation could not create one.

The AG pointed to specific statutes allowing remote participation in other settings as evidence that telephone participation was not generally available to public bodies. It also cited the rule that votes be made aloud, which earlier opinions had linked to physical presence.

Currency note

This opinion was issued in 2013. 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.

Historical summary

Public board members

The AG said board members joining a call did not supply the physical quorum required for a public meeting. It answered the commission's general question about public bodies under the law then discussed.

Meeting administrators

The opinion distinguished narrowly authorized remote participation for certain legislative committees and other entities from the general public-body rule. Those exceptions did not alter its answer to the commission's general question.

Common questions

Could telephone participants form a public board's quorum?

The AG said no. It required a physically present quorum for the public bodies covered by its analysis.

Did a voice vote over the phone satisfy the meeting requirement?

The opinion said earlier AG interpretations of the statutory live-voice vote rule required physical presence, rather than a telephone or video telephone appearance.

Did special teleconference statutes change the general answer?

No. The AG read those statutes as limited exceptions; the example for legislative committees still required a physically present quorum.

Background and statutory framework

The opinion grounded the public's right to observe deliberations in the Louisiana Constitution and analyzed the Open Meetings Law, including La. R.S. 42:14's voting provision. It distinguished the specific video-conference authorization in La. RS. 24:7 from the general rule against obtaining a public-body quorum by telephone.

Citations

• La. R.S. 42:14: voting provision discussed by the AG.
• La. RS. 24:7: specific remote-participation exception distinguished in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0075

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

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DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

July 10,2013
OPINION 13-0075

90 - B - 4 - PUBLIC MEETINGS - State & Local Governing Bodies Ms. Alison Miller
Executive Director La. Const. Art. XII, §3 La. R.S. 42:14

Vermillion Parish Tourist Commission
P.O. Box 1106
A public body may not utilize telephone conference calls during a
public meeting to obtain a quorum.
Abbeville, LA 70511-1106

Dear Ms. Miller:

Our office received your request for an opinion submitted on behalf of the Vermillion Parish Tourist Commission ("Commission"). You have asked whether it is permissible for a public body to utilize telephone conference calls during a public meeting to obtain a quorum.

The right to observe the deliberations of public bodies, except in cases established by law, is guaranteed by La. Const. art. XII, §3. The Open Meetings Law, La. R.S. 42:12 et seq., describes and defines this constitutional right.

Our office has consistently opined that the Open Meetings Law requires that a quorum of a public body be physically present at a meeting. La. Atty. Gen. Op. Nos. 99-385, 00­ 423,01-256, 02-0106 and 06-0311. Specific to voting, La. R.S. 42:14(C) requires that all votes be made "viva voce." Previous opinions have interpreted this "live voice" requirement to require the person voting to be physically present, and further, that appearance by telephone or video telephone does not satisfy this requirement. Id.
Thus, these opinions have stated that any participation by telephone, whether it is to obtain a quorum or to allow voting by non-present members, is a violation of the Open Meetings Law. La. Atty. Gen. Op. Nos. 01-256, 02-0106 and 06-0311.

This interpretation is consistent with the right to observe a public body's deliberations.
Additionally, we note this interpretation is consistent when considering other state laws which specifically address the use of telephone or video telephone in a meeting. By way of example, consider the following:

Committee meetings between sessions; video conferencing

A legislative committee meeting that is held between sessions of the legislature and during which no vote on any matter having the effect

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OPINION 13-0075
Ms. Alison Miller
Page 2

of law is to be taken may be conducted by video conference. Each house of the legislature may adopt rules of procedure to provide for and accommodate committee meetings by video conference, including but not limited to rules governing attendance and participation of members of the legislature in and quorums of committees for such meetings. Such rules shall provide for public participation in such meetings in accordance with RS. 42: 11 et seq. For the purposes of this Section and any rules adopted by either house of the legislature pursuant to this Section, "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. No committee meeting shall be held pursuant to this Section unless a quorum of the committee is present, in person, at the location at which the meeting was advertised to take place.

La. RS. 24:7 (Emphasis added).

Louisiana Medical Disclosure Panel; creation; membership; powers; duties

Notwithstanding the provisions of the Open Meetings Law, RS. 42:11 et seq., or any other law, if any member of the panel is physically present at a meeting, any number of the other members of the panel may attend the meeting by use of telephone conference call, videoconferencing, or other similar telecommunication methods for purposes of establishing a quorum or voting or for any other meeting purpose allowing a panel member to fully participate in any panel meeting. The provisions of this Subsection shall apply without regard to the subject matter discussed or considered by the panel at the meeting. A meeting held by telephone conference call, videoconferencing,or other similar telecommunication method:
(1) Shall be SUbject to the notice requirements of RS. 42:11 et seq.
(2) Shall not be held unless the notice of the meeting specifies the location of the meeting at which a member of the panel will be physically present.
(3) Shall be open to the public and audible to the public at the location specified in the notice.
(4) Shall provide two-way audio· communication between all panel members attending the meeting during the entire meeting, and, if the two­ way audio communication link with any member attending the meeting is disrupted at any time, the meeting shall not continue until the two-way audio communication link is reestablished.

La. RS. 40:1299.39.6(R) (Emphasis added).

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OPINION 13-0075
Ms. Alison Miller
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Board of directors

The board of directors, or any committee of the board, may hold a meeting by means of conference telephone, facsimile, or similar communications equipment provided that all persons participating in the meeting can communicate with each other. Participation in a meeting pursuant to this Paragraph shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. The provisions of this Paragraph shall not apply to any public body or any other entity provided for in R.S. 42:13.

La. RS. 12:224(E)(1 0) (Emphasis added).

Statutes such as the above, which authorize the use of telephone and/or video conferencing, would not be necessary if this practice were generally permissible under the Open Meetings Law. This is evident from the qualifying language in the above, Le., La. RS. 24:7 still requires that a quorum of the legislative committee be physically present before any members of the committee may participate by video conference and the language addressing the permissive use of telephones by a non-profit board of directors in La. R.S. 12:224 specifically notes that it does not apply to any public body or any other entity provided for in the definitions section of the Open Meetings Law (La. RS.42:13).

In light of the above, it remains the opinion of this office that it is not permissible for a public body to utilize telephone conference calls during a public meeting to obtain a quorum.

We hope that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

JDC:EAB