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  The SF 2410 Publication Requirement  
     
  When: Senate File 2410 went into effect on July 1, 2006.

Who: It only applies to boards created by a 28E agreement. The changes described here are amendments to Chapter 28E. So it does not change the law regarding any other type of “non-28E” boards, such as the board of health, an ad hoc multicounty board, or an emergency management commission. But it does apply to every 28E board, regardless of size, or when it was created, or what it does.

What: Section 7 of the bill stipulates that 28E boards are be subject to the Open Meetings Law and the Public Records Law. So every 28E board has to post a tentative agenda 24 hours in advance of its meeting at the principal office of the board, or if no such office exists, at the building in which the meeting is to be held.

Section 7 of the bill also requires that the minutes of the 28E board, including a schedule of bills allowed, shall be published in a general circulation newspaper “within the geographic area served by” the 28E entity. The newspaper does not have to serve all of the counties represented on the 28E board. It just has to be located in one of those counties. The newspaper can be a weekly or a daily, as long as it has paid subscribers. No free shoppers. And the Internet doesn’t count.

Whatever newspaper you choose, the publication cost should be the same, since the maximum rate any newspaper can charge is set by statewide administrative rule and does not vary based on newspaper circulation. Since you do not have to choose a statewide or regional newspaper, and the cost will be the same wherever you go, it probably makes sense to give the business to a local newspaper.

There is no requirement that the 28E board declare an “official newspaper.” For that matter, there is no requirement that the 28E board consistently use the same newspaper.

The 28E board has to publish its “proceedings,” which presumably is the same thing as “minutes.” Under the Open Meetings Law, minutes have to include

the date, time and place of the meeting;
the members present; and
the actions taken, including the results of each vote taken and information sufficient to indicate the vote of each member present.

Nothing else is required. You can obviously include more if you want.

What some boards do, in order to promote transparency is publish an abridged version of the minutes, including just the three items mentioned above, and then add a note at the bottom saying: "For a full copy of the board minutes, go to..." and then publish a website address where the minutes are available. This approach allows public scrutiny, and saves taxpayer dollars.

The bill requires that a copy of the minutes be provided to the newspaper within one week of adjournment of the meeting. Names and salaries of all persons regularly employed by the 28E entity shall be published annually.

Why: This is the Legislature’s hastily-passed response to the CIETC scandal. It was virtually the last bill passed on the last day of the legislative session.

 

  

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