HB 920
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 920 (Delegate Carr)
Health and Government Operations
Open Meetings Act - Definition - Administrative Function
This bill alters the definition of “administrative function” as it applies to Maryland’s Open
Meetings Act (OMA) to exclude any personnel matter that affects one or more specific
individuals. Thus, such matters do not fall under OMA’s administrative function exclusion.
Fiscal Summary
State Effect: None. The change is procedural in nature and does not directly affect State
finances.
Local Effect: None. The change does not directly affect local government finances.
Small Business Effect: None.
Analysis
Current Law:
Open Meetings Act, Generally
Under OMA, with limited exceptions, a public body must (1) meet in open session in places
reasonably accessible to potential attendees and (2) provide reasonable advance notice of
the time and location of meetings, including, when appropriate, whether any portion of a
meeting will be in closed session. A “public body” is any entity that (1) consists of at least
two individuals and (2) is created by the Maryland Constitution; a State statute; a county
or municipal charter; a memorandum of understanding or a master agreement to which a
majority of the county boards of education and the Maryland State Department of
Education are signatories; an ordinance; a rule, resolution, or bylaw; or an executive order
of the Governor or of the chief executive authority of a political subdivision. Exclusions
from the definition of “public body” include juries, the Governor’s cabinet and
Executive Council, judicial nominating commissions, and single-member entities, among
others.
Administrative Function Exclusion
OMA generally does not apply to a public body when carrying out an administrative
function. “Administrative function,” as defined under OMA, means the administration of
a law of the State, a law of a political subdivision of the State, or a rule, regulation, or
bylaw of a public body. It does not include an advisory, judicial, legislative, quasi-judicial,
or quasi-legislative function.
OMA also does not generally apply to a public body when carrying out a judicial or
quasi-judicial function as defined under OMA.
Personnel Matters
A public body may meet in closed session or adjourn an open session to a closed session
only under specified circumstances, including to discuss (1) the appointment, employment,
assignment, promotion, discipline, demotion, compensation, removal, resignation, or
performance evaluation of an appointee, employee, or official over whom it has jurisdiction
or (2) any other personnel matter that affects one or more specific individuals.
According to the Open Meetings Act Manual prepared by the Office of the Attorney
General (OAG), the Open Meetings Act Compliance Board has found that discussions
about particular employees or appointees sometimes also fall within OMA’s administrative
function exclusion; thus, in such circumstances, OMA generally does not apply, with the
exception of specified disclosure requirements that apply when a public body closes an
open meeting to address administrative matters.
Closed Sessions, Generally
A public body may not meet in closed session unless a majority of the members of the
public body present and voting vote in favor of closing the session. Before a public body
meets in closed session, the presiding officer must conduct a recorded vote on the closing
of the session and make a written statement of the reason for closing of the meeting,
including the citation of the authority to close the session and a listing of the topics to be
discussed. The written statement must be a matter of public record, and the public body
must keep a copy of the written statement for at least one year after the date of the session.
HB 920/ Page 2
If a public body recesses an open session to carry out an administrative function in a
meeting that is not open to the public, the minutes for the public body’s next meeting must
include (1) a statement of the date, time, place, and persons present at the administrative
function meeting and (2) a phrase or sentence identifying the subject matter discussed at
the administrative function meeting.
A public body may not meet in closed session unless at least one member of the body has
been designated to receive training on the requirements of the open meetings law. If a
designated individual cannot be present at an open meeting at which the public body votes
to hold a closed session, the body must complete a specified compliance checklist
developed by OAG and include the checklist in the meeting minutes.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Department of Commerce; Maryland Environmental Service;
Maryland Municipal League; Governor’s Office; Secretary of State; Maryland State
Treasurer’s Office; Judiciary (Administrative Office of the Courts); University System of
Maryland; Maryland Department of Agriculture; Department of Budget and Management;
Maryland Department of Health; Department of Housing and Community Development;
Department of Human Services; Department of Juvenile Services; Department of Natural
Resources; Board of Public Works; Department of State Police; Maryland Department of
Transportation; State Ethics Commission; Maryland Insurance Administration; Public
Service Commission; Office of the Attorney General; Maryland State Department of
Education; Baltimore, Charles, Frederick, and Montgomery counties; City of
Havre de Grace; Department of Legislative Services
Fiscal Note History: First Reader - March 5, 2021
rh/mcr
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 920/ Page 3


Statutes affected:
Text - First - Open Meetings Act - Definition - Administrative Function: 3-101 General Provisions, 3-103 General Provisions