​Attorney General of Maryland ​Anthony G. Brown

Maryland's Open Meetings Act: A Quick Guide

​​​​​​​​​​​​The Office of the Attorney General has prepared this guide on the Open Meetings Act and its provisions.

​​​​​​​​​​Click here for a more detailed FAQ

What is the Open Meetings Act?​

The Open Meetings Act is a Maryland law that requires public business to be conducted openly and publicly. It ensures that citizens receive adequate notice about when and where public meetings take place, so they can attend if they wish.

Key points:​​

  • The Act doesn't dictate when public bodies must meet
  • ​It only specifies that when they do meet, they must do so openly
  • Exceptions exist for certain "special and appropriate circumstances"
  • Some public bodies may have additional requirements from county or city charters

When Does the Act Apply?​​

The Act applies when three conditions are met:

  1. A "public body" is meeting
  2. A "quorum" (majority) of members is present
  3. They are discussing public business

What is a "Public Body"?

A multimember entity qualifies as a "public body" if it was created by:

  • A law (Maryland Constitution, state statute, or county ordinance
  • ​An executive order
  • A rule, resolution, or bylaw of a government entity​
  • An agreement between the State Department of Education and county boards of educatio​n
OR if its members were appointed by:
  • The Governor
  • A local government's chief executive
  • Someone subject to the executive's policy direction (with at least two non-government members)
Note: Private organizations like homeowner’s associations, private company boards, and court-related entities are not considered "public bodies."

What Counts as a "Meeting"?

What Counts as a "Meeting"?

  • A quorum (usually a majority) convenes
  • Members discuss public business
  • Communication can be in person, by phone, or potentially through closely timed emails
Even social gatherings can become "meetings" if public business is discussed by a quorum.

Exemptions from the Act​

Some functions are excluded from the Act:

  • Judicial functions (court activities)
  • Quasi-judicial functions (case determinations that can be appealed to court)​
  • Administrative functions (applying existing policies, not creating new ones)
However, most land-use and licensing matters remain subject to the Act.

Requirements When the Act Applies​

When the Open Meetings Act applies, public bodies must:

  1. Provide reasonable advance notice of meetings
  2. Make an agenda available (except in emergencies)
  3. Hold meetings openly
  4. Adopt and retain minutes for 5 years
  5. Receive proper training

What is "Reasonable Notice"?​

Notice should:

  • Use methods likely to reach the public body's constituency
  • Be posted as soon as possible after scheduling
  • Include time, date, and place of the meeting
  • Indicate if any portion will be closed to the public

Agendas must be made a​vailable either:​

  • When notice is posted (if items are known)
  • As soon as practicable, but at least 24 hours before the meeting
  • Exception: Emergency meetings

Open Meeting Requirement​​s

"Open" meeting​​​s mean:

  • The public, media, and representatives can attend
  • People can witness deliberations and decision-making
  • Meetings are held in accessible locations
  • Filming is generally allowed (if not disruptive)
  • Public bodies may remove disruptive individuals
Note: The Act doesn't require public comment periods (except for objections to closed sessions).

Closed Sessions

Public bodies may discuss 15 types of discussions in closed sessions​:

  • Personnel discussions about particular individuals​
  • Legal advice from attorneys
  • Topics that must remain confidential under other laws

Requirements for closing a session:​​​

  1. Hold an open session first with proper notice
  2. Take a recorded vote on closing the session
  3. Prepare a written "closing statement" explaining:
    • ​​Which exception applies
    • Topics to be discussed
    • Reason for excluding the public​
  4. Have a member trained in the Act present
  5. Limit discussion to disclosed topics onl​y

Records and Minutes​​

Public bodies ​​must:

  • Create minutes for all meetings (open or closed)
  • Retain minutes and recordings for at least 5 years
  • Post minutes online when practicable
  • Make minutes available for public inspection
  • Disclose details about closed sessions in the next open session's minutes

Training Requirements​​

Each public body must designate someone to receive training through:
  • The Maryland Association of Counties or Maryland Municipal League
  • The online course from the Attorney General and University of Maryland
  • The Maryland Association of Boards of Education course
Bodies that hold closed meetings must designate a member for training.

What to Do About Violations​

If you believe a public body has violated the Open Meetings Act:
  1. Informal approach: Gather facts and contact staff, members, or constituent services
  2. File a complaint with the Open Meetings Compliance Board
    • ​​​The public body has 30 days to respond
    • The Board typically issues an advisory opinion within 30 day​s
    • If violations are found, the public body must acknowledge it publicly
  3. File a lawsuit in the circuit court where the public body is located
Note: The Office of the Attorney General doesn't directly enforce the Act.

Find the Full Text of the Open Meetings Act​

The Act appears in Title 3 of the General Provisions Article of the Maryland Code. Access it through:​

Last updated: April 2025