HomeMy WebLinkAbout2024-09-27 RTO AgendaRAILBELT TRANSMISSION ORGANIZATION (RTO) AGENDA - UPDATED September 27, 2024, 12:00 PM Alaska Energy Authority Conference Room To participate dial 1-888-585-9008 and use code 212-753-619# 1. CALL TO ORDER
2. ROLL CALL (for Committee members)
3. PUBLIC ROLL CALL (for all others present)
4. AGENDA APPROVAL
5. PUBLIC COMMENTS
6. NEW BUSINESS
A. RTO Working Group Update
B. Draft Bylaws
i. Open Meetings Act
C. RTO Schedule
7. MEMBERS COMMENTS
8. NEXT MEETING DATE – December 6, 2024 (tentative)
9. ADJOURNMENT
Adopted: September [__], 2024 4867-8430-4858\2 September 20, 2024 DRAFT
1RAILBELT TRANSMISSION ORGANIZATION COMMITTEE BYLAWS
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RAILBELT TRANSMISSION ORGANIZATION COMMITTEE BYLAWS
Table of Contents
ARTICLE 1 – STATEMENT OF OBJECTIVES ............................................................................................................. 1
ARTICLE 2 - AUTHORITY OF THE RAILBELT TRANSMISSION ORGANIZATION COMMITTEE ............ 1
ARTICLE 3 - OFFICES ...................................................................................................................................................... 1
ARTICLE 4 - REPRESENTATIVES ................................................................................................................................. 1
ARTICLE 5 - COMMITTEE MEETINGS ....................................................................................................................... 2
5.1 Annual Meeting ................................................................................................................................. 2
5.2 Regular Meetings .............................................................................................................................. 2
5.3 Special Meetings ............................................................................................................................... 2
5.4 Notice of Meetings ........................................................................................................................... 2
5.5 Waiver of Notice ................................................................................................................................ 2
5.6 Place of Meetings .............................................................................................................................. 3
5.7 Teleconferencing ............................................................................................................................... 3
5.8 Minutes of Meetings ........................................................................................................................ 3
5.9 Quorum ................................................................................................................................................. 3
5.10 Manner of Acting .............................................................................................................................. 3
5.11 Conduct of Meetings ....................................................................................................................... 4
5.12 Open Meetings .................................................................................................................................. 4
ARTICLE 6 - SUBCOMMITTEES ................................................................................................................................... 5
6.1 Designation of Subcommittees ................................................................................................... 5
6.2 Powers of Subcommittees ............................................................................................................. 5
6.3 Subcommittee Membership ......................................................................................................... 5
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6.4 Term of Subcommittee ................................................................................................................... 5
6.5 Standing Subcommittees ............................................................................................................... 5
ARTICLE 7 - OFFICERS ................................................................................................................................................... 5
7.1 Number ................................................................................................................................................. 5
7.2 Election and Term of Office ........................................................................................................... 6
7.3 Removal ................................................................................................................................................ 6
7.4 Vacancies .............................................................................................................................................. 6
7.5 Chair ....................................................................................................................................................... 6
7.6 Vice Chair ............................................................................................................................................. 6
7.7 Secretary ............................................................................................................................................... 6
7.8 Treasurer ............................................................................................................................................... 6
ARTICLE 8 - ANNUAL BUDGETS AND DETERMINATION OF RATES ............................................................ 6
8.1 Revenue Mechanism ........................................................................................................................ 6
8.2 Receipt Authority .............................................................................................................................. 7
8.3 Procurement ....................................................................................................................................... 7
8.4 Standards for Capital Asset Acquisition and Accounting .................................................. 7
ARTICLE 9 - PROCEDURES FOR DISPUTE RESOLUTION ................................................................................... 7
9.1 Procedural Rules ................................................................................................................................ 7
9.2 Authority ............................................................................................................................................... 8
9.3 Judicial Review ................................................................................................................................... 8
9.4 Arbitration ............................................................................................................................................ 8
9.5 Cost of Arbitration ............................................................................................................................ 8
ARTICLE 10 - REIMBURSEMENT OF TRAVEL AND PER DIEM EXPENSES ................................................... 8
10.1 Travel and Per Diem ......................................................................................................................... 8
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10.2 Other Expenses .................................................................................................................................. 8
ARTICLE 11 - OTHER POLICIES ................................................................................................................................... 8
11.1 Numbering of Resolutions ............................................................................................................ 8
11.2 Definition of Terms ........................................................................................................................... 9
11.3 Amendment of Bylaws .................................................................................................................... 9
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RAILBELT TRANSMISSION ORGANIZATION COMMITTEE BYLAWS
ARTICLE 1 – STATEMENT OF OBJECTIVES
The Railbelt Transmission Organization Committee (the “Committee”) shall be responsible for the administration of the open access transmission tariff (the “OATT”) that provides for recovery of transmission costs and related ancillary services, and replaces wholesale charges assessed by unit by each utility in the Railbelt with a new mechanism that fairly recovers and equitably allocates the costs of operating the backbone transmission system (the “System”), subject to the non-delegable duties of the Alaska Energy Authority (the “Authority”).
These Bylaws set forth the procedural rules of the Committee established pursuant to 44.83.700 – 44.83.720 and policies adopted by the Committee.
ARTICLE 2 - AUTHORITY OF THE RAILBELT TRANSMISSION ORGANIZATION COMMITTEE
The Committee exists and operates pursuant to AS 44.83.700 – 44.83.720, as may be amended, or as otherwise provided by law.
ARTICLE 3 - OFFICES
The Committee shall have no physical office but shall have a mailing address at the Authority whose representative is the permanent Secretary of the Committee.
ARTICLE 4 - REPRESENTATIVES
The Committee shall consist of representatives of the Authority and each Railbelt utility, as defined in AS 44.83.720(4), as well as the applicable electric reliability organization as an ex officio nonvoting member. The specific Committee membership is as set forth on Attachment I. No Committee member shall obtain an additional vote through merger with, acquisition of, or
assignment from another Committee member.
Each Committee member entitled to vote shall designate one representative and one alternative representative to the Committee. Each Committee member shall notify all other Committee members in writing of the names, addresses, email addresses, and telephone numbers of its representative and designated alternate representative. Any Committee member may change its designated representative or alternate representative at any time and shall promptly provide written notice of such change to the other Committee members. The alternate representative shall serve as the designated representative in the absence of the designated representative.
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ARTICLE 5 - COMMITTEE MEETINGS
5.1 Annual Meeting. The annual meeting of the Committee shall be the first regular meeting of the Fiscal Year (July 1 through June 30), for the purpose of electing officers and transacting such other business as may come before the Committee.
5.2 Regular Meetings. Regular meetings shall be held at least quarterly, with the specific date and time to be determined by the Committee.
5.3 Special Meetings. Special meetings of the Committee may be called by the Chair or by three members of the Committee at any time by so advising the Secretary of the Committee. Business at a special meeting of the Committee shall be limited to the purpose stated in the notice of such special meeting.
5.4 Notice of Meetings. Public notice shall be given by the Secretary of the Committee for all meetings of the Committee.
5.4.1 Notice of regular meetings shall be given at least five (5) days before the date of the meeting by:
(a) Delivering notice to all Committee members, alternate representatives, and persons or organizations who have filed with the Committee a written request to receive notice; and
(b) Publishing a notice on the State of Alaska’s online public notice system; and
(c) Posting a notice at the principal office of the Authority.
5.4.2 A notice of meeting shall include the date, time and place of the meeting, and if the meeting is by teleconferencing, the location of a teleconferencing facility that will be used as well as instructions for participating via teleconference.
5.4.3 Notice of special meetings shall be given, as reasonable, before the time
specified for such meeting. Such notice of special meetings shall state the purpose
or purposes for which the meeting is called. Business at a special meeting shall be limited to the purposes stated in the notice of such special meeting.
5.4.4 It is the intent of the Committee to give the best notice possible to the public of all its operations, but the inability, or an inadvertent failure, to accomplish
any one of the notice requirements shall not invalidate any action of the
Committee.
5.5 Waiver of Notice. Whenever any notice is required to be given to any member, a waiver of the notice in writing, signed by the person or persons entitled to such notice, whether
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before or after the time stated in the notice, shall be deemed equivalent to the giving of such notice.
5.6 Place of Meetings. The Chair of the Committee may designate any place as the place of meeting for any annual, regular, or special meeting of the Committee.
5.7 Teleconferencing. Attendance and participation by any or all representatives of the Committee members at any meeting of the Committee may be by teleconference. The votes at a meeting held by teleconference shall be taken by roll call. Materials that are to be considered at a Committee meeting that is held by teleconference shall be made available at the teleconference locations or electronically if practicable. Participation by such means shall constitute presence at a meeting.
5.8 Minutes of Meetings. Written minutes shall be kept for all regular and special meetings of the Committee. Minutes of the meeting shall be provided to each member following each meeting. The official copy of each minutes shall be signed by the Chair and the Secretary.
5.9 Quorum. At all meetings of the Committee, the presence of the representatives of any four voting members shall constitute a quorum for the transaction of business.
5.10 Manner of Acting
5.10.1 Committee actions may be taken by any reasonable voting method, provided that any Committee member may request a roll call vote. All actions taken via teleconferencing shall be by roll call vote.
5.10.2 A representative who is present at a meeting of the Committee at which action on a Committee matter is taken shall be presumed to have assented to such action unless the representative’s dissent is both indicated and recorded at the time of the action.
5.10.3 Except for those matters that expressly require alternative voting procedures, action supported by a vote of four or more voting members taken during a meeting at any time when a quorum is present, shall be an act of the Committee, and binding on the Committee members.
5.10.4 The following matters shall require the affirmative vote of at least five voting members.
(a) Adoption of RTO Bylaws and subsequent amendments thereto.
(b) The first filing by the Committee with the Regulatory Commission of Alaska (RCA) for approval of the OATT; subsequent filings shall approved under the voting provisions of 5.10.2.
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(c) Identification of assets included in the OATT.
(d) Establish the pool of System costs and the allocation of those costs through the certificated load-serving entities on an annual basis.
(e) Determine, subject to RCA approval, whether the annual allocation of System costs will be done on a coincident peak basis, a load-ratio share basis, or a combination of both.
5.10.5 The following matters shall require the affirmative vote of at least five voting members including the affirmative vote of the Authority.
(a) The Committee’s annual request to the State of Alaska for receipt authority.
(b) Any application filing by the Committee with the Regulatory Commission of Alaska for a certificate under 42.05.221.
(c) Procedural rules as well as matters related to the administration of the Committee.
(d) Determination of rules, procedures, and accounts necessary to manage and/or distribute funds collected through the OATT.
5.10.6 In the following matters, the unanimous concurrence of all voting Committee members shall be necessary for an action to be taken:
(a) Adoption of procedures for dispute resolution.
5.10.7 In the event that the number of voting members on the Committee is five rather than six, then the minimum number of votes under 5.10.3 shall be three, the minimum number of votes under 5.10.4 shall be four, and the minimum number of votes under 5.10.5 shall be four. These sections of the bylaws shall be amended by the Committee in the event that the number of voting members on the Committee is other than five or six in total.
5.11 Conduct of Meetings. Roberts Rules of Order shall govern the conduct of Committee meetings except where in conflict with specific procedural rules adopted by the Committee.
5.12 Open Meetings. The Committee has determined that Alaska public policy favors the openness and public access. The Committee recognizes that its meetings are required to be open to the public under AS 42.05.431(d) and 44.62.310.
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ARTICLE 6 - SUBCOMMITTEES
6.1 Designation of Subcommittees. The Committee may appoint subcommittees from time to time, subject to such conditions as may be prescribed by the Committee. The designation of any such subcommittee shall not relieve the Committee or any member of the Committee of any responsibility imposed by law.
6.2 Powers of Subcommittees. Subcommittees will have the authority to meet and to make recommendations to the Committee. The Committee will formalize subcommitttees by adopting a resolution that details the scope of the subcommittee. Standing subcommittees are designated in this Article.
6.3 Subcommittee Membership. Members may delegate their subcommittee representation, attendance, and vote to an alternate who is different from the alternate specified under Article 4.
6.4 Term of Subcommittee. The members of each subcommittee shall serve for one year from the date of appointment except as otherwise specified by the Committee by resolution.
6.5 Standing Subcommittees
6.5.1 Tariff Subcommittee. There shall be a tariff subcommittee consisting of a representative from each member of the Committee. It shall be the duty of the tariff subcommittee to develop, manage, administer, and update the open access transmission tariff.
6.5.2 Finance Subcommittee. There shall be a finance committee consisting of a representative from each member of the Committee. The finance subcommittee shall make any and all recommendations it may have from time to time with respect to financial reporting and accounting practices and policies and financial accounting and operational controls and safeguards.
6.5.3 Technical Subcommittee. There shall be a technical subcommittee consisting of a representative from each member of the Committee. It shall be the duty of the technical subcommittee to develop standards for, manage, and update the list of assets included as part of the Railbelt’s backbone transmission system.
ARTICLE 7 - OFFICERS
7.1 Number. The officers of the Committee shall initially consist of a Chair, a Vice Chair, a Secretary, and a Treasurer. The Committee may elect such other officers and agents as it shall deem necessary, who shall shall exercise such powers and perform such duties as shall be determined from time to time by the Committee.
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7.2 Election and Term of Office. The procedures for the election of officers as well as term durations are as designated in Exhibit A, attached hereto.
7.3 Removal. Any officer elected by the Committee may be removed under the procedures set forth in section 5.10.4.
7.4 Vacancies. In the event any vacancy occurs in any elected office of the Committee, the remaining members of the Committee shall elect successor to the office at the next regular meeting of the Committee and in accordance with Exhibit A.
7.5 Chair. The Chair shall preside at all meetings of the Committee and shall perform such other duties and have such other powers as the Committee may prescribe.
7.6 Vice Chair. The Vice Chair shall act under the direction of the Chair, and in the absence or disability of the Chair or if the office of the Chair is vacant, shall perform the duties of the Chair, and from time to time shall perform such other duties and have such other powers as the Chair or Committee may prescribe.
7.7 Secretary. The Secretary shall act under the direction of the Chair with respect to secretarial duties. Subject to the direction of the Chair or the Committee, the Secretary shall attend all meetings of the Committee and keep a record of the proceedings. In the Secretary’s absence, the Chair shall designate another member of the Committee to keep a record of the proceedings. The Secretary shall perform like duties for committees when required. The Secretary shall give or cause to be given notice of all meetings of the Committee and special meetings of the Committee and shall perform such other duties as may be prescribed by the Chair or the Committee.
7.8 Treasurer. The Treasurer shall act under the direction of the Committee with respect to Treasurer duties. Subject to the direction of the Committee, the Treasurer shall have control of the Committee funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Committee and shall immediately deposit all monies and other valuable effects in the name and to the credit of the Committee in such depositories as may be designated by the Committee. The Treasurer shall disburse the funds of the Committee as may be ordered by the Committee, taking proper vouchers for such disbursements, and shall render to the Chair and the Committee at its regular meetings or when the Committee so requires, an account of all of the Treasurer’s transactions as Treasurer and of the financial condition of the Committee.
ARTICLE 8 - ANNUAL BUDGETS AND DETERMINATION OF RATES
8.1 Revenue Mechanism. A revenue mechanism shall be developed by the Committee and approved by the RCA in accordance with AS 44.83.710. Each Railbelt utility must pass the commission-approved transmission costs directly and transparently to the utility’s customers. Funds collected through the revenue mechanism will be collected by each utility. The Committee
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is responsible for establishing annually the pool of System costs and the allocation of the revenues collected through the OATT. 8.2 Receipt Authority
8.2.1 The annual receipt authority request to the State of Alaska for the Railbelt Transmission Organization shall include:
(a) RTO specific administrative costs;
(b) Cost for legal, regulatory, and engineering consultants;
(c) Costs related to the Committee or any of its subcommittees;
(d) Any individual utility cost to be reimbursed by the Committee; and
(e) Any other cost approved by the Committee.
8.2.2 The annual receipt authority request shall be based on a 12-month period starting July 1 of a calendar year through and including June 30 of the succeeding calendar year.
8.2.3 For purposes of this Section, the Authority shall provide details listing personnel requirements by work function, their gross payroll, payroll burdens and the estimated percentage of each work function to be required for administration of the Railbelt Transmission Organization and the OATT. The estimated costs for materials, supplies, and other costs shall be provided in sufficient detail to allow the Committee a reasonable basis to analyze the budget in the approval process and to provide a basis for the annual audit of actual costs.
8.2.4 Costs associated with the annual receipt authority request shall be included in the OATT for cost recovery. Until such time that an RCA approved rate is included on the bills of the Railbelt utilities customers, costs associated with outside contracts will be shared according to Attachment I.
8.3 Procurement. Committee procurement shall be performed and managed in compliance with State of Alaska standards, AS 36.30. 8.4 Standards for Capital Asset Acquisition and Accounting. [RESERVED] ARTICLE 9 - PROCEDURES FOR DISPUTE RESOLUTION
9.1 Procedural Rules. The Committee shall perform its decision-making responsibilities consistent with AS 44.83.700 – 44.83.720 and any duly adopted procedural rules.
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9.2 Authority. In the event the authority of the Committee to act is at issue, the Committee shall first make a finding as to its authority. If the Committee determines that it has the authority to consider the matter, it shall decide the issue on its merits. If the Committee determines that it does not have the authority to consider the matter, the matter will be subject to immediate judicial resolution. If the court determines that the Committee in fact had authority to consider the matter, the matter shall be remanded for Committee action.
9.3 Judicial Review. Any action, or failure to act, of the Committee shall be subject to judicial review. The reviewing court shall (a) set aside any Committee action found to be arbitrary, capricious or otherwise not in accordance with law; and (b) order the Committee to take action if such action has been unreasonably withheld or delayed. Failure of any party to appeal any Committee decision shall not constitute a waiver of the right to appeal any future decision. Judicial review shall be governed by the laws of the State of Alaska and shall be filed in the Alaska Court System.
9.4 Arbitration. Following a vote conducted under Section 5.10.4 of these bylaws, the Committee may refer any matter within the Committee’s authority to arbitration. Unless otherwise unanimously agreed to by the members of the Committee, arbitration shall be conducted before an arbitrator selected under the guidelines of the American Arbitration Association and the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association then in effect. In addition, the arbitrator must have education and experience in the particular matter being arbitrated. The decision of the arbitrator shall be subject to judicial review as a Committee decision, in accordance with Section 9.3 above.
9.5 Cost of Arbitration. The costs incurred in connection with the arbitration shall be apportioned by the arbitrator as deemed reasonable and appropriate.
ARTICLE 10 - REIMBURSEMENT OF TRAVEL AND PER DIEM EXPENSES
10.1 Travel and Per Diem. Unless otherwise determined by the Committee, each party shall be responsible for the cost of travel and any per diem for its representative and alternate representative to attend meetings of the Committee or a subcommittee in accordance with their respective travel policies.
10.2 Other Expenses. The Committee shall determine when any other expenses will be reimbursed on a case-by-case basis.
ARTICLE 11 - OTHER POLICIES
11.1 Numbering of Resolutions. The Committee has established that all resolutions and actions adopted by the Committee shall be assigned a number. The first part of the number shall be the last two digits of the year in which the resolution or action is adopted (e.g., Resolution 24-_). The second part shall be a sequential number reflecting the order which the resolution or action was adopted, beginning with the number “01,” and increasing by one with the adoption of
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each subsequent resolution or action. The Secretary of the Committee shall establish and maintain an official journal for recording resolutions [and actions] of the Committee.
11.2 Definition of Terms. Except as otherwise provided, terms included in these Bylaws shall take the meaning specified in AS 44.83.700 – 44.83.720.
11.3 Amendment of Bylaws. These Bylaws may be altered, amended, or repealed and new Bylaws adopted by the Railbelt Transmission Organization Committee at any regular or special meeting, subject to the voting requirements set out in Article 5.10 of these Bylaws.
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ATTACHMENT 1 TO BYLAWS OF RAILBELT TRANSMISSION ORGANIZATION COMMITTEE
RTO Members and Corresponding Share of Expenses
List of RTO Members Percentage Shares of Expenses Chugach Electric Assn. 19% Golden Valley Electric Assn. 19% Homer Electric Assn. 19% Matanuska Electric Assn. 19% Seward Electric System 5% Alaska Energy Authority 19% [Electric Reliability Organization] 0 % Total 100.0%
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Boards and Commissions Office of the Governor
550 W 7th Ave. Suite 1700 Anchorage, Alaska 99501 907-269-0006
Open Meetings Act
The State of Alaska's Open Meetings Act (AS 44.62.310-.312) requires that all meetings of a public entity's governing body be open to the public and that the body provide reasonable notice of its meetings. The Open Meetings Act (OMA)
is intended to ensure that decisions made and actions taken are public knowledge and represent the will of the public that the governing body serves. In essence, the OMA protects the public's right to know. To be able to protect the public's right to know, the OMA requires that:
• all deliberations and action taken by a public entity must be done in public view, with limited exceptions;
• the public must be provided prior knowledge of all steps occurring in the decision-making process, with limited
exceptions; and that
• individual actions of an official are made known.
In order for these requirements to have full effect, meetings must occur as provided in the notice; and, with few exceptions, the public must be allowed to involve itself in the meeting. The public must also have access to materials being considered during the meeting. In addition to laying out specific steps required for meetings and allowable exceptions, the statutes addressing open
meetings speak about the state's policy regarding what authority the public has delegated to governing bodies. Following is a synopsis. According to the 'State Policy Regarding Meetings' (AS 44.62.312):
• The government exists to aid in conducting the people's business.
• Government units should act and deliberate openly.
• The people do not yield sovereignty to government agencies that serve them.
• Public servants have not been given the right to decide what is good or not good for the people to know.
• People should remain informed so they may retain control over the government they created.
• The use of teleconferences is for the convenience of the parties, public, and government.
• The Open Meetings Act should be narrowly construed to effectuate these policies and avoid unnecessary exemptions. What is the Open Meetings Act? The State of Alaska's Open Meetings Act (AS 44.62.310-.312), is a law that addresses the meetings of public entities; it protects the public's right to know and their opportunity to be heard. Among other things, the Act:
• defines public meetings and public entities;
• lays out specific requirements for public notice;
• requires that all meetings of a governmental body of a public entity are open to the public;
• lays out provisions for attendance at meetings and voting methods;
• lays out provisions for distribution of meeting materials; and
• lists the few exceptions to the Act, as well as matters that may be discussed in executive session. In order to assure that the public information/participation provisions of the Act are met, the Act requires that the public entity must provide "reasonable" notice that meets the requirements of the Act. To meet these notice requirements, the notice must:
• be provided within a reasonable amount of time prior to the meeting;
• include the date, time, and place of the meeting;
• be posted at the principal office of the public entity, in addition to any other methods and locations stated in local ordinance; and
• be done in the same way each time (consistent).
THE STATE OF ALASKA
MIKE DUNLEAVY
GOVERNOR
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What is the definition of a meeting that would fall under the provisions of the Open Meetings Act?
AS 44.62.310(h) provides detailed definitions of "governmental body," "meeting," and "public entity" that, when combined, define what constitutes a public meeting. The Act makes a distinction between what constitutes a meeting of a policy/decision-making body and what constitutes a meeting of an advisory-only body. A meeting of a decision- or policy-making body occurs when more than three members, or a majority of the members, whichever is less, engage collectively in discussion of a subject that the body is authorized to act and set policy on and is therefore subject to the Open Meetings Act. Under this definition, it doesn't matter where the meeting occurs, if it was prearranged, or who arranged it and could include unplanned casual or social contact. A meeting of an advisory-only body is a prearranged gathering to consider a matter on which the entity is authorized to
advise and assist the decision-making body and is subject to the provisions of the Act. The Act doesn't specify a number, so two or more members, if the gathering is prearranged for the purpose of conducting any business of the entity, could constitute a meeting.
What types of meetings might be conducted that would require notice under the Open Meetings Act?
Following are the most common types of meetings that would be subject to the Open Meetings Act: Regular Meetings: State law requires that the governing body conduct its business at regularly scheduled meetings that are open to the public. Regular meetings must be held at least once a month and may be held more often, as required or established in local ordinance. The local code of ordinances should provide the date, time, and place of regular meetings so that everyone knows when regular meetings will take place. The public shouldn't have to wonder about the meeting time, date, and place always changing. If at times it is necessary to reschedule the regular meeting, notice must be posted informing the public that the regular meeting has been rescheduled and when it will be held. Special Meetings: Special meetings have the same requirements as regular meetings, except that they are called for a different time than that fixed for regular meetings. For example, local ordinance may require that the governing body hold its regular meeting on the third Tuesday of each month at 7:00 PM at the municipal offices. If the governing body must meet earlier, it can call a special meeting for a different date. The special meeting does not take place instead of the regular meeting, it is in addition to the regular meeting. Special meetings should be held rarely and only to address
time sensitive issues. A special meeting may be held with less than 24-hour’s notice if all members are present or if absent members have waived in writing the required notice. Waiver of notice can be made before or after the special meeting is held.
Emergency Meetings: Emergency meetings are held to address situations that are so urgent that the governing body must meet right away. An emergency meeting may be held if a majority of the members are given at least 24 hours oral
or written notice and reasonable efforts are made to notify all members. Committee Meetings: Permanent ("standing") committees and temporary ("ad hoc") committees of the governing body may be formed to study particular issues in more detail. Standing committees may include the finance committee, public works committee, and/or a facilities committee. Ad hoc committees are formed to address a specific situation and are disbanded once the situation has been dealt with. Committees may be composed of all members of the governing body (referred to as a committee of the whole), or of fewer members, usually three. A committee cannot take action on behalf of the full governing body but instead makes a recommendation to the governing body for the governing body's action. Usually the committee of the whole meets to discuss items that are not ready for action but need further discussion in an informal setting. For example, the annual budget usually requires a work session before it is formally adopted. Board of Equalization: The governing body, or its appointees, sits as the Board of Equalization in municipalities that levy a property tax. AS 29.45.200(a) states, "the governing body sits as a board of equalization for the purpose of hearing an appeal from a determination of the assessor." A property owner who believes the assessor has made a
mistake in the yearly valuation of their property may appeal the assessor's decision to the board of adjustment, which meets once a year.
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How much notice is required to meet the "reasonable" public notice provision of the Open Meetings Act? How much notice is required depends on the complexity of the issue and the potential effect it will have. Proper public
notice must be provided in advance of the proposed action and local ordinances should state the minimum number of days that notice is required. This number should be adjusted up if the situation warrants additional notice. Special and emergency meetings require only 24-hour notice or less. If less notice is given, absent members must waive the notice requirement. Notice requirements for work sessions and committee meetings should follow the same guidelines as those established in local ordinance for regular meetings. There are minimum mandatory notice requirements for certain actions, such as notice of a public hearing on a proposed ordinance, or election notice. There is, however, no specific number of days spelled out in statute that defines "reasonable." The general tone of case law on the subject has essentially found that reasonable notice provides enough notice that a concerned party will have notice of a proposed action within enough time to be involved in the deliberations. This could vary anywhere from three months to three days. The notice also has to provide enough
information to let the public know what subjects will be covered in the meeting. If a complete agenda isn't available at the time of posting, a summary will work until the complete agenda is available.
Local ordinances should contain all of the requirements for public notice of meetings including what to include in the notice, where the notices are posted, and how soon before the meeting the notices are posted. Where and how does notice have to occur? State law, AS 44.62.310(e), requires that reasonable notice include the date, time, and place of the meeting; and, if by teleconference, the location of any teleconferencing facilities. It also provides that notice may be given in print or broadcast media; that it be posted at the principal office of the public entity or, if no principle office, at a location designated by the governing body; and that it be done in the same way each time "consistent." In addition to the locations required in statute, notice should be posted at well-used locations in the community like the post office, the store, government offices, and the community bulletin board. It may also be published in a newspaper of general circulation in the community or broadcast over a local radio station in addition to any other means and locations stated in local ordinance. Are there exceptions to the Open Meetings Act and what subjects may be discussed in executive session? Exceptions to the OMA are discussed in the Executive Session section of LOGON. Is secret ballot voting allowed under the act? Almost always, no. In addition to requiring that deliberations of a governing body be open to the public, the act also requires that the vote shall be conducted in such a manner that the public may know the vote of each person entitled to
vote, including meetings conducted by teleconference. The one exception is organizational meetings of a governing body to elect members to various offices, which are exempted from the requirement that the vote of each member be made public (AS 44.62. 310(a)).
Is telephone polling considered a violation of the Open Meetings Act? Whether a phone poll by a member or agent of the governing body would be considered a violation of the act, depends on the subject matter. If the matter involves an administrative or procedural issue that would not warrant public discussion, a phone poll may be conducted. If, however, the phone poll touches on an issue that should be discussed in an open meeting or can have the effect of swaying opinion on a public issue, it could be considered a violation of the act. Who enforces the Open Meetings Act? It is the responsibility of the administration and governing body to assure that the provisions of the Open Meetings Act are enforced. Any individual may contest an action administratively through local channels that they think was done in
violation of the Open Meetings Act and ultimately may, within 180 days, file a court action if the issue isn't remedied locally AS 44.62.310(f).
There are several court cases that have ruled in favor of the Open Meetings Act. When deciding these cases, the court doesn't just consider whether a violation has occurred, but also considers whether the action has interfered with the public process that the act was intended to protect.
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What is the cure for a violation of the Open Meetings Act?
Actions taken at meetings that are found to be in violation of the Open Meetings Act may be voided. Failing to provide proper notice can cost a great deal of money to defend in addition to the wasted time and effort involved. The governing body can attempt an informal cure by holding another meeting in compliance with the Open Meetings Act and conducting a substantial and public reconsideration of the matters. If a lawsuit is filed, the court may void any action taken by the governing body if the court finds that, considering all of the circumstances, the public interest in compliance with the law outweighs the harm that would be caused by voiding the action AS 44.62.310(f)). In deciding whether to void an action, the court must consider: (1) the expense that may be incurred if the action is voided;
(2) the disruption that may be caused if the action is voided; (3) the possibility of additional litigation if the action is voided; (4) the extent to which the subject has previously been considered in compliance with the act;
(5) the amount of time that has passed since the action was taken; (6) the degree to which the action has come to be relied on; (7) whether and to what extent the governmental body has, before or after the lawsuit was filed, engaged in or attempted
to engage in public reconsideration of the matter; (8) the degree to which the violations were willful, flagrant, or obvious; (9) the degree to which the governing body failed to adhere to the policy under AS 44.62.312 (a). This does not apply to an advisory only body that that has no authority to establish policies and make decisions for the public entity (AS 44.62.310(g)). What effect does attorney client privilege have in dealings between a public entity and its attorney? Executive session procedure requires that the reason for calling the executive session is clearly stated. The attorney-client privilege exemption to the Open Meetings Act is limited to matters where public interest may be injured. This might include how to avoid legal liability, litigation strategies and candid discussion of facts, a proposed settlement conference, and a conference on a decision to appeal. In addition to the rights protected under the Open Meetings Act, what rights can the public expect under state law? In addition to the rights protected under the Open Meetings Act, Title 29 reiterates the requirement that all meetings be open to the public and provides that the public will have the right to be heard at regular and special meetings AS
29.20.020. AS 29.20.160 lays out the procedures that a governing body must follow in conducting its meetings. These
procedures include:
• Provision for identification of the presiding and deputy-presiding officers;
• The requirement that the governing body hold at least one regular monthly meeting, unless otherwise provided by ordinance;
• The requirement that the governing body shall provide at least 24-hour notice for special meetings or absent members must waive the notice requirement;
• Clarification on how actions of the governing body are adopted and what constitutes a quorum;
• The requirement that all members present shall vote on every question, unless required to abstain; and The requirement that a governing body maintain a journal of its proceedings that is available to the public.
• AS 29.20.380 assigns certain meeting duties and responsibilities to the municipal clerk. These include:
• Attendance at public meetings;
• Keeping the journal;
• Assuring that notice and other requirements for public meetings are complied with;
• Assuring that public records are available for public inspection;
• Managing and maintaining public records; and
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• Preparing agendas and agenda packets.
• Who enforces the local rules under which a municipality conducts its meetings? Governing bodies must have procedures in place and follow them for their meetings. Some of these procedures are in Title 29 and other statutes. Others are in the local ordinances, which are usually more specific and detailed than Title 29, or in rules of procedure adopted by the governing body.
Essentially, the presiding officer enforces the rules by following them when conducting a meeting and, when there is a question of procedure, the clerk, acting as parliamentary advisor, researches the question and proposes an answer, which the presiding officer then rules on. Members of the public also enforce the rules by questioning whenever something
occurs that doesn't seem to follow the rules. The last resort for enforcement is a lawsuit. Additional Resources
Alaska’s Open Meetings Law by Gordon J Tans Open Meetings Act AS 44.62.310-.312
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Sec. 44.62.310. Government meetings public. (a) All 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. Attendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing. Agency materials that are to be considered at the meeting shall be made available at teleconference locations if practicable. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. The vote at a meeting held by teleconference shall be taken by roll call. This section does not apply to any votes required to be taken to organize a governmental body described in this subsection. (b) If permitted subjects are to be discussed at a meeting in executive session, the meeting must first be convened as a public meeting and the question of holding an executive session to discuss matters that are listed in (c) of this section shall be determined by a majority vote of the governmental body. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of
addressing the subject in private. Subjects may not be considered at the executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or
pending labor negotiations. (c) The following subjects may be considered in an executive session:
(1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity; (2) subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion; (3) matters which by law, municipal charter, or ordinance are required to be confidential; (4) matters involving consideration of government records that by law are not subject to public disclosure. (d) This section does not apply to (1) a governmental body performing a judicial or quasi-judicial function when holding a meeting solely to make a decision in an adjudicatory proceeding;
(2) juries; (3) parole or pardon boards;
(4) meetings of a hospital medical staff;
(5) meetings of the governmental body or any committee of a hospital when holding a meeting solely to act upon matters of professional qualifications, privileges, or discipline; (6) staff meetings or other gatherings of the employees of a public entity, including meetings of an employee group established by policy of the Board of Regents of the University of Alaska or held while acting in an advisory capacity to the Board of Regents; (7) meetings held for the purpose of participating in or attending a gathering of a national, state, or regional organization of which the public entity, governmental body, or member of the governmental body is a member, but only if no action is taken and no business of the governmental body is conducted at the meetings; or
(8) meetings of municipal service area boards established under AS 29.35.450 — 29.35.490 when meeting solely to act on matters that are administrative or managerial in nature.
(e) Reasonable public notice shall be given for all meetings required to be open under this section. The notice must include the date, time, and place of the meeting and if, the meeting is by teleconference, the location of any teleconferencing facilities that will be used. Subject to posting notice of a meeting on the Alaska Online Public Notice
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System as required by AS 44.62.175(a), the notice may be given using print or broadcast media. The notice shall be posted at the principal office of the public entity or, if the public entity has no principal office, at a place designated by
the governmental body. The governmental body shall provide notice in a consistent fashion for all its meetings. (f) Action taken contrary to this section is voidable. A lawsuit to void an action taken in violation of this section must be filed in superior court within 180 days after the date of the action. A member of a governmental body may not be named in an action to enforce this section in the member’s personal capacity. A governmental body that violates or is alleged to have violated this section may cure the violation or alleged violation by holding another meeting in compliance with notice and other requirements of this section and conducting a substantial and public reconsideration of the matters considered at the original meeting. If the court finds that an action is void, the governmental body may discuss and act on the matter at another meeting held in compliance with this section. A court may hold that an action taken at a meeting held in violation of this section is void only if the court finds that, considering all of the circumstances, the public interest in compliance with this section outweighs the harm that would be caused to the public
interest and to the public entity by voiding the action. In making this determination, the court shall consider at least the following: (1) the expense that may be incurred by the public entity, other governmental bodies, and individuals if the action is
voided; (2) the disruption that may be caused to the affairs of the public entity, other governmental bodies, and individuals if
the action is voided; (3) the degree to which the public entity, other governmental bodies, and individuals may be exposed to additional litigation if the action is voided; (4) the extent to which the governing body, in meetings held in compliance with this section, has previously considered the subject; (5) the amount of time that has passed since the action was taken; (6) the degree to which the public entity, other governmental bodies, or individuals have come to rely on the action; (7) whether and to what extent the governmental body has, before or after the lawsuit was filed to void the action, engaged in or attempted to engage in the public reconsideration of matters originally considered in violation of this
section; (8) the degree to which violations of this section were wilful, flagrant, or obvious;
(9) the degree to which the governing body failed to adhere to the policy under AS 44.62.312(a).
(g) Subsection (f) of this section does not apply to a governmental body that has only authority to advise or make recommendations to a public entity and has no authority to establish policies or make decisions for the public entity. (h) In this section, (1) “governmental body” means 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; (2) “meeting” means 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
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establish policies or make decisions for the public entity;
(3) “public entity” means 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. Sec. 44.62.312. State policy regarding meetings. (a) It is the policy of the state that (1) the governmental units mentioned in AS 44.62.310(a) exist to aid in the conduct of the people’s business; (2) it is the intent of the law that actions of those units be taken openly and that their deliberations be conducted openly;
(3) the people of this state do not yield their sovereignty to the agencies that serve them;
(4) the people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know;
(5) the people’s right to remain informed shall be protected so that they may retain control over the instruments they have created; (6) the use of teleconferencing under this chapter is for the convenience of the parties, the public, and the governmental units conducting the meetings. (b) AS 44.62.310(c) and (d) shall be construed narrowly in order to effectuate the policy stated in (a) of this section and to avoid exemptions from open meeting requirements and unnecessary executive sessions.