Leaning Local

Updates from cities and boroughs – ordinances and resolutions that are making a difference.

Value of Local Government

Alaska’s local governments:

  • maintain the same number of road miles as the Alaska DOT&PF
  • maintain the majority of Alaska’s public libraries
  • spend $75 million more on public safety than the Alaska Dept. of Public Safety
  • include the five largest county-equivalents in the nation

Local Government Matters

Local Government FAQs
Open Meetings Act

In general, the Open Meetings Act provides that “[a]ll meetings of a governmental body of a public entity of the state are open to the public except as otherwise provided by this section or another provision of law.”

AS 44.62.310(h)(1) defines “governmental body” as:
an assembly, council, board, commission, committee, or other similar body of a public entity with the authority to establish policies or make decisions for the public entity or with the authority to advise or make recommendations to the public entity; “governmental body” includes the members of a subcommittee or other subordinate unit of a governmental body if the subordinate unit consists of two or more members;

AS 44.62.310(h)(2) defines “meeting” as:
a gathering of members of a governmental body when
(A) more than three members or a majority of the members, whichever is less, are present, a matter upon which the governmental body is empowered to act is considered by the members collectively, and the governmental body has the authority to establish policies or make decisions for a public entity; or
(B) more than three members or a majority of the members, whichever is less, are present, the gathering is prearranged for the purpose of considering a matter upon which the governmental body is empowered to act, and the governmental body has only authority to advise or make recommendations for a public entity but has no authority to establish policies or make decisions for the public entity;

Finally, AS 44.62.310(h)(3) defines “public entity” as:
an entity of the state or of a political subdivision of the state including an agency, a board or commission, the University of Alaska, a public authority or corporation, a municipality, a school district, and other governmental units of the state or a political subdivision of the state; it does not include the court system or the legislative branch of state government.

A gathering of members of a public entity is considered a “meeting” that is required to be open to the public when there are more than three members or a majority of the members, whichever is less, present. 3 Thus, it would depend on the total number of members of the “governmental body” to determine whether two or three local elected officials getting together to discuss official business violates the Open Meetings Act. If the governmental body in question consists of six or more members, then a meeting of two or three local elected officials would not violate the Open Meetings Act. In contrast, if the governmental body in question consisted of five members and three elected officials met to discuss official business, such a meeting would likely violate the Open Meetings Act.

More Information about the Open Meetings Act: https://www.commerce.alaska.gov/web/dcra/LocalGovernmentResourceDesk/LocalGovernmentElectedOfficials/OpenMeetingsAct.aspx

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