Alaska's Open Meetings Act: Government transparency

I'm often asked about how citizens can ensure their local officials are conducting business transparently. Today, let's dive into Alaska's Open Meetings Act (OMA). These laws, also known as the "Sunshine Laws" in some states, help keep government business visible to the public.

OMA was established as part of a nationwide movement toward government transparency in the 1950s to 1960s. The law's basic premise is simple: when government groups have meetings about public business, they must let regular people watch and join in.

The rule covers a lot of government groups in Alaska. This means when the government gets together to make decisions, they have to let everyone know. This helps citizens know what is happening in their community.

The Act applies to virtually all public bodies in Alaska, from city councils and school boards to planning commissions and even some advisory committees. However, it's important to understand that each local jurisdiction has some flexibility in interpreting and implementing these requirements, as long as they maintain the law's core principles.

A "meeting" occurs whenever a majority of a public body's members gather to discuss public business. It doesn't matter if they meet in person or email or phones or a social media page - the same rules apply. These groups must tell everyone about their meetings ahead of time. Sometimes, if there's an emergency, they might have to call a meeting more quickly, but they still need to let people know about it. This way, anyone who wants to attend or listen to the meeting has a chance to do so.

But what exactly must be public? The simple answer is that whenever government groups talk about things that affect the community, people should be able to watch and listen. This includes when they make big decisions or even when they just get together to talk about ideas.

Sometimes, though, these groups need to talk about private things behind closed doors. For example, if they're talking about someone's job or discussing legal negotiations, they can have a private meeting called an "executive session." However, the group must still post the meeting, and they cannot vote in that executive session.

The law also says the government must do more than just let people come to meetings. They also have to record everything that happens in their meetings, like taking notes in class. These notes are called "minutes," and anyone can ask to see them. This helps people in the community know what their leaders are doing and make sure they're making wise choices for everyone.

Each municipality in Alaska can decide for themselves how to follow the OMA rules, as long as they stick to the main ideas. This means that one city might tell people about meetings differently than another one does. For example, some places might put meeting notices in a local newspaper, while others might post them on their website or at the city hall.

If you think a government group isn't following the OMA rules, there are ways you can help fix the problem. The first thing you should try is talking to the people in charge. Sometimes people make mistakes without meaning to, and just talking about it can solve the problem. If this doesn't work, you can document your concerns and give them to the person who keeps records for your local government. This person is usually the City Clerk or Borough Clerk. They can help look into the problem.

For serious problems, you can take the case to the Superior Court. You need to do this quickly, though: you only have a limited amount of time from when the problem happened to take it to court. If the court agrees that the government group broke the rules, they can cancel decisions or actions that were made during the meeting in violation.

If you want to know when your local government is having meetings, ask the people in your city or borough office to send you information about meetings. Many places will send you emails or text messages to let you know when meetings happen. You can also ask them to put your name on a list so they'll email you information about meetings.

OMA isn't perfect, but it's there. Use it to keep your representatives accountable.

Christian M. Hartley is a 40-year Alaskan resident with over 25 years of public safety experience and public service. He runs a freelance business, Big Lake Writer, from home in Big Lake that he shares with his wife of 19 years and their three teenage sons.