Md. Code Ann., Gen. Provis. § 3-306
Minutes; tape recordings
Effective Oct 1, 2016Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2016, c. 329, § 1, eff. Oct. 1, 2016; Acts 2016, c. 330, § 1, eff. Oct. 1, 2016.State of Maryland
(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.
Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2016, c. 329, § 1, eff. Oct. 1, 2016; Acts 2016, c. 330, § 1, eff. Oct. 1, 2016.