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Statutes Text

Article - General Provisions




§3–306.

    (a)    This section does not:

        (1)    require any change in the form or content of the Journal of the Senate of Maryland or Journal of the House of Delegates of Maryland; or

        (2)    limit the matters that a public body may include in its minutes.

    (b)    (1)    Subject to paragraphs (2) and (3) of this subsection, as soon as practicable after a public body meets, it shall have minutes of its session prepared.

        (2)    A public body need not prepare minutes of an open session if:

            (i)    live and archived video or audio streaming of the open session is available; or

            (ii)    the public body votes on legislation and the individual votes taken by each member of the public body who participates in the voting are posted promptly on the Internet.

        (3)    The information specified under paragraph (2) of this subsection shall be deemed the minutes of the open session.

    (c)    (1)    The minutes shall reflect:

            (i)    each item that the public body considered;

            (ii)    the action that the public body took on each item; and

            (iii)    each vote that was recorded.

        (2)    If a public body meets in closed session, the minutes for its next open session shall include:

            (i)    a statement of the time, place, and purpose of the closed session;

            (ii)    a record of the vote of each member as to closing the session;

            (iii)    a citation of the authority under § 3–305 of this subtitle for closing the session; and

            (iv)    a listing of the topics of discussion, persons present, and each action taken during the session.

        (3)    (i)    A session may be recorded by a public body.

            (ii)    Except as otherwise provided in paragraph (4) of this subsection, the minutes and any recording of a closed session shall be sealed and may not be open to public inspection.

        (4)    The minutes and any recording shall be unsealed and open to inspection as follows:

            (i)    for a meeting closed under § 3–305(b)(5) of this subtitle, when the public body invests the funds;

            (ii)    for a meeting closed under § 3–305(b)(6) of this subtitle, when the public securities being discussed have been marketed; or

            (iii)    on request of a person or on the public body’s own initiative, if a majority of the members of the public body present and voting vote in favor of unsealing the minutes and any recording.

    (d)    Except as provided in subsection (c) of this section, minutes of a public body are public records and shall be open to public inspection during ordinary business hours.

    (e)    (1)    A public body shall keep a copy of the minutes of each session and any recording made under subsection (b)(2)(i) or (c)(3)(i) of this section for at least 5 years after the date of the session.

        (2)    To the extent practicable, a public body shall post online the minutes or recordings required to be kept under paragraph (1) of this subsection.



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