AGO 1996-118.

• Case Date: January 29, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-118. 1996-118January 29, 1996Honorable Nelson Papucci Member, House of Representatives District No. 4 P.O. Box 541 Madison, AL 35758 THIS OPINION HAS BEEN MODIFIED BY AUBURN UNIV. V. ADVERTISER CO., 2003 WL 21205832(May 23, 2003 (SUNSHINE LAW DOES NOT APPLY TO MEETING OF LESS THAN QUORUM). Sunshine Law - Municipalities - Public Meetings - Quorum Members of a city council may not meet in private to conduct business of the council.Since Code of Alabama 1975, _ 13A-14-2, is a criminal statute, only a court of competent jurisdiction can determine whether the Sunshine Law has been violated.Dear Representative Papucci: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS Can members of a city council hold private meetings, such as at a restaurant or bar, following a regularly scheduled meeting, or at any other times, without formal notification of the press or the public? Can less than a quorum (i.e., three of the seven council members) hold an informal meeting in private, without public notification, if no votes are cast? If these members are deciding and discussing official city business in private - even if less than a full quorum is present - without notifying the press, and then simply ratifying at a public meeting what had already been determined in private, does this constitute a violation of the Sunshine Law? FACTS AND ANALYSIS The Alabama Sunshine Law, codified at Code of Alabama 1975, _ 13A-14-2, prohibits secret meetings of boards, commissions, and councils and states: "(a) No executive or secret session shall be held by any of the following named boards, commissions or courts of Alabama, namely: Alabama public service commission; school commissions of Alabama; board of adjustment; state or county tax commissions; any county commission; 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. "(b) Any person or persons violating any of the...