Alabama Attorney General Opinion 1979-0123

CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA FFICE OF THE ATTORNEY GENERAL OD ia5 LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BENURS. JR. EXECUTIVE ASSISTANT W S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE. ASSISTANT Mr. Alonza Harvey, Superintendent Macon County Board of Education P. 0. Box 90 Tuskegee, Alabama 36083 Education - Macon County Board of-public Meetings Informal meetings of board of education must be open to the public. Dear Mr. Harvey: I am replying to your request for an opinion from the Attorney General concerning informal meetings of the Macon County Board of Education. You specifically asked: The Macon County Board of Education is currently involved in developing a policy and procedure manual for us in our school system. In developing this manual, the Board of Education has been gathering informally to.discuss the manual and give the Superintendent some suggestions and guidance for further revisions. No motions are made or voted upon during these work sessions. We plan to have a regular meeting when the Superintendent will submit the policy and procedure manual for adoption, amendment, etc. At that time the Board members may submit amendments to the manual which will be voted upon by the full Board. However, a question has now arisen regarding these ADMINI BUILDING $4 NORTH UNION . ALABAMA ]6150 AREA (2051. 04.5150 um) 27 1979 Mr. Alonza Harvey Superintendent Page Two ►fa 27 la informal work Sessions and we need your advice. The question is: Must informal work sessions, at which no motions or votes are made, be open to the general public? Your question is to be answered in the affirmative. Alabama's "Sunshine" or open meeting law is found at Code "Executive or secret sessions of certain boards are forbidden.-;-No executive or secret session shall be held by any of the following names boards, commissions or courts of Alabama, namely: The Alabama public service commission, school commissions of Alabama, board of adjustment, state or county commissioners or board of revenue, any city commission or municipal council, or any other body, board or commission in the state charged with the duty of disbursing any funds belonging to the state, county or municipality, or board, body or commission to which is delegated any legislative or judicial function; except that executive or secret sessions may be held by any of the above named boards or commissions when the character or good name of a woman or man is involved." This law requires that all board of education meetings be open to the public with the 'are exception of times when a person's character is discussed by the Board. This is the only exception. Therefore, all meetings of a board of education, whether formal or informal, are required to be open to the public. The fact that all meetings of a county board of education should be open to the public is further seen in the fact that under Code of Alabama 1975, Section 16-8-10, interested citizens are to be consulted by the board of education before adopting the written education policy of the county. of Alabama 1975, Section 13-5-1. It states: Mr. Alonzi Harvey • Superintendent Page Three kap 27 If our office can be of further assistance, please do not hesitate to contact us. Sincerely, CHARLES A. GRADDICK Attorney General By- 2047— CV) LYNDA F. KNIGHT Assistant Attorney General LFK/sg