2017 Maryland Code
General Provisions
Title 3 - Open Meetings Act
Subtitle 1 - Definitions; General Provisions
§ 3-101. Definitions
- (a) In general. -- In this title the following words have the meanings indicated.
- ** REVISOR'S NOTE
This subsection formerly was SG § 10-502(a).
** REVISOR'S NOTE
The only changes are in style.
- (b) Administrative function. --
- (1) "Administrative function" means the administration of:
- (i) a law of the State;
- (ii) a law of a political subdivision of the State; or
- (iii) a rule, regulation, or bylaw of a public body.
- (2) "Administrative function" does not include:
- (i) an advisory function;
- (ii) a judicial function;
- (iii) a legislative function;
- (iv) a quasi-judicial function; or
- (v) a quasi-legislative function.** REVISOR'S NOTE
This subsection formerly was SG § 10-502(b).
** REVISOR'S NOTE
No changes are made.
** REVISOR'S NOTE
For applicability of "administrative function", see § 3-103 of this subtitle, which provides that, with certain exceptions, this title does not apply to a public body when it is carrying out an administrative function.
** DEFINED TERMS:
"Advisory function" § 3-101
** DEFINED TERMS:
"Judicial function" § 3-101
** DEFINED TERMS:
"Legislative function" § 3-101
** DEFINED TERMS:
"Public body" § 3-101
** DEFINED TERMS:
"Quasi-judicial function" § 3-101
** DEFINED TERMS:
"Quasi-legislative function" § 3-101
** DEFINED TERMS:
"State" § 1-115
**
- (1) "Administrative function" means the administration of:
- (c) Advisory function. -- "Advisory function" means the study of a matter of public concern, or the making of recommendations on the matter, under a delegation of responsibility by: **
- (1) law; **
- (2) the Governor or an official who is subject to the policy direction of the Governor; **
- (3) the chief executive officer of a political subdivision of the State or an official who is subject to the policy direction of the chief executive officer; or **
- (4) formal action by or for a public body that exercises an administrative function, judicial function, legislative function, quasi-judicial function, or quasi-legislative function.
REVISOR'S NOTE
This subsection formerly was SG § 10-502(c).
REVISOR'S NOTE
The only changes are in style.
"Administrative function" § 3-101
"Judicial function" § 3-101
"Legislative function" § 3-101
"Public body" § 3-101
"Quasi-judicial function" § 3-101
"Quasi-legislative function" § 3-101
"State" § 1-115
**
- (d) Board. -- "Board" means the State Open Meetings Law Compliance Board.
REVISOR'S NOTE
This subsection formerly was SG § 10-502(d).
REVISOR'S NOTE
No changes are made. **
- (d-1) Class on the open meetings law. -- "Class on the open meetings law" means: **
- (1) an online class on the requirements of the open meetings law offered by the Office of the Attorney General and the University of Maryland's Institute for Governmental Service and Research; **
- (2) a class on the requirements of the open meetings law offered by the Maryland Association of Counties or the Maryland Municipal League through the Academy for Excellence in Local Governance; or **
- (3) a class on the requirements of the open meetings law offered by the Maryland Association of Boards of Education through the Boardsmanship Academy Program. **
- (e) Judicial function. -- **
- (1) "Judicial function" means the exercise of any power of the Judicial Branch of the State government. **
- (2) "Judicial function" includes the exercise of: **
- (i) a power for which Article IV, § 1 of the Maryland Constitution provides; **
- (ii) a function of a grand jury; **
- (iii) a function of a petit jury; **
- (iv) a function of the Commission on Judicial Disabilities; and**
- (v) a function of a judicial nominating commission. **
- (3) "Judicial function" does not include the exercise of rulemaking power by a court.
REVISOR'S NOTE
This subsection formerly was SG § 10-502(e).
REVISOR'S NOTE
The only changes are in style.
"Includes" § 1-110
"State" § 1-115
**
- (f) Legislative function. -- "Legislative function" means the process or act of: **
- (1) approving, disapproving, enacting, amending, or repealing a law or other measure to set public policy; **
- (2) approving or disapproving an appointment; **
- (3) proposing or ratifying a constitution or constitutional amendment; or **
- (4) proposing or ratifying a charter or charter amendment.
REVISOR'S NOTE
This subsection formerly was SG § 10-502(f).
REVISOR'S NOTE
No changes are made. **
- (g) Meet. -- "Meet" means to convene a quorum of a public body to consider or transact public business.
REVISOR'S NOTE
This subsection formerly was SG § 10-502(g).
REVISOR'S NOTE
The only changes are in style.
"Public body" § 3-101
"Quorum" § 3-101
**
- (h) Public body. -- **
- (1) "Public body" means an entity that: **
- (i) consists of at least two individuals; and **
- (ii) is created by: **
- 1. the Maryland Constitution; **
- 2. a State statute; **
- 3. a county or municipal charter; **
- 4. a memorandum of understanding or a master agreement to which a majority of the county boards of education and the State Department of Education are signatories; **
- 5. an ordinance; **
- 6. a rule, resolution, or bylaw; **
- 7. an executive order of the Governor; or **
- 8. an executive order of the chief executive authority of a political subdivision of the State. **
- (2) "Public body" includes: **
- (i) any multimember board, commission, or committee appointed by the Governor or the chief executive authority of a political subdivision of the State, or appointed by an official who is subject to the policy direction of the Governor or chief executive authority of the political subdivision, if the entity includes in its membership at least two individuals not employed by the State or the political subdivision; **
- (ii) any multimember board, commission, or committee that: **
- 1. is appointed by: **
- A. an entity in the Executive Branch of the State government, the members of which are appointed by the Governor, and that otherwise meets the definition of a public body under this subsection; or **
- B. an official who is subject to the policy direction of an entity described in item A of this item; and **
- 2. includes in its membership at least two individuals who are not members of the appointing entity or employed by the State; and **
- 1. is appointed by: **
- (iii) The Maryland School for the Blind. **
- (3) "Public body" does not include: **
- (i) any single member entity; **
- (ii) any judicial nominating commission; **
- (iii) any grand jury; **
- (iv) any petit jury; **
- (v) the Appalachian States Low Level Radioactive Waste Commission established in § 7-302 of the Environment Article; **
- (vi) except when a court is exercising rulemaking power, any court established in accordance with Article IV of the Maryland Constitution; **
- (vii) the Governor's cabinet, the Governor's Executive Council as provided in Title 8, Subtitle 1 of the State Government Article, or any committee of the Executive Council; **
- (viii) a local government's counterpart to the Governor's cabinet, Executive Council, or any committee of the counterpart of the Executive Council; **
- (ix) except as provided in paragraph (1) of this subsection, a subcommittee of a public body as defined in paragraph (2)(i) of this subsection;**
- (x) the governing body of a hospital as defined in § 19-301 of the Health - General Article; and **
- (xi) a self-insurance pool that is established in accordance with Title 19, Subtitle 6 of the Insurance Article or § 9-404 of the Labor and Employment Article by: **
- 1. a public entity, as defined in § 19-602 of the Insurance Article; or **
- 2. a county or municipal corporation, as described in § 9-404 of the Labor and Employment Article.
REVISOR'S NOTE
This subsection formerly was SG § 10-502(h).
REVISOR'S NOTE
In paragraph (3)(xi)2 of this subsection, the reference to a county or municipality "as described in" § 9-404 of the Labor and Employment Article is substituted for the former reference to a county or municipality "as defined in" § 9-404 of the Labor and Employment Article because there is no definition of a county or municipality in that section.
REVISOR'S NOTE
The only other changes are in style.
"County" § 1-107
"Includes" § 1-110
"State" § 1-115
**
- (1) "Public body" means an entity that: **
- (i) Quasi-judicial function. -- "Quasi-judicial function" means a determination of: **
- (1) a contested case to which Title 10, Subtitle 2 of the State Government Article applies; **
- (2) a proceeding before an administrative agency for which Title 7, Chapter 200 of the Maryland Rules would govern judicial review; or **
- (3) a complaint by the Board in accordance with this title.
REVISOR'S NOTE
This subsection formerly was SG § 10-502(i).
REVISOR'S NOTE
The only changes are in style.
REVISOR'S NOTE
For applicability of "quasi-judicial function", see § 3-103 of this subtitle, which provides that, with certain exceptions, this title does not apply to a public body when it is carrying out a quasi-judicial function.
REVISOR'S NOTE
The General Provisions Article Review Committee notes, for consideration by the General Assembly, that the definition of "quasi-judicial function" seemingly excludes agency adjudications where a hearing and judicial review are not required by statute. See Title 7, Chapter 400 of the Maryland Rules of Procedure.
DEFINED TERM:
"Board" § 3-101
**
- (j) Quasi-legislative function. -- "Quasi-legislative function" means the process or act of: **
- (1) adopting, disapproving, amending, or repealing a rule, regulation, or bylaw that has the force of law, including a rule of a court; **
- (2) approving, disapproving, or amending a budget; or **
- (3) approving, disapproving, or amending a contract.
REVISOR'S NOTE
This subsection formerly was SG § 10-502(j).
REVISOR'S NOTE
No changes are made.
"Including" § 1-110
**
- (k) Quorum. -- "Quorum" means: **
- (1) a majority of the members of a public body; or **
- (2) the number of members that the law requires.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former SG § 10-502(k).
REVISOR'S NOTE
In item (2) of this subsection, the reference to "the number of members" is substituted for the former reference to "any different number" for clarity.
"Public body" § 3-101
