73 The Alabama Lawyer 131 (2012). The Alabama Open Meetings Law: A Basic History and Its Effect on an Alabama Municipal Board.

• Author: By Samuel A. Rumore, Jr.

Alabama Bar Journal

2012.

73 The Alabama Lawyer 131 (2012).

The Alabama Open Meetings Law: A Basic History and Its Effect on an Alabama Municipal Board

The Alabama Open Meetings Law: A Basic History and Its Effect on an Alabama Municipal Board By Samuel A. Rumore, Jr. The Alabama Sunshine Law

American democracy is predicated on citizens' awareness of and participation in political decisions. The founding fathers established principles to protect political dialogue, even to the degree that criticizing the government is tolerated. Such political discussions are necessary for us to have government by the people. For political discussions to be productive, however, the citizen must be informed. That is the basis for the Alabama Open Meetings Law, which is Alabama's version of the so-called "sunshine laws."

All states have laws providing for open public meetings.(fn1) Alabama enacted its law in 1915, and was one of the first states in the country to have a sunshine law. Such laws are called "sunshine laws" because public meetings should be conducted out in the open where the sun can figuratively shine on the proceedings.(fn3) John J. Watkins, in his book, Mass Media and The Law, quoted James Madison who said: "A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or perhaps both. Knowledge will forever govern ignorance; and the people who mean to be their own governors must arm themselves with the power which knowledge gives."(fn4)

The 1915 Alabama "Sunshine Law," which was re-codified into the Alabama codes of 1923, 1940 and 1975, broadly stated that no executive or secret session shall be held by any public board, commission or municipal council, or any other body disbursing public funds or which is delegated with any legislative or judicial function. This was a prohibition with only one stated exception. A closed or secret meeting could take place when the character or good name of a person was involved. This law was criminal in nature and provided for a fine against any board member who attended a secret or executive session in violation of the law.(fn5)

Over the years, several significant cases involving the "Sunshine Law" reached the Alabama Supreme Court. One of these was the 1979 case of Miglionico v. Birmingham News Company.(fn6) In this case, Nina Miglionico was serving as president of the Birmingham City Council. In her capacity as president, she excluded members of the press from meetings where the council interviewed candidates for appointment to the Birmingham Board of Education, an appointed office at that time, and to a vacant position on the

Birmingham City Council. In its opinion, the Alabama Supreme Court confirmed that the public could be excluded from meetings only when the character or good name of an individual was discussed, but they could not be excluded for anything else. In other words, the court took a very limited view of the exception and it required the interviews to take place in public.

Chief Justice Torbert dissented from part of the decision, stating that the process of interviewing prospective appointees necessarily involved "character and good name." His concerns were that past employment, past performance and reasons why a candidate changed jobs reveal information about a person's character. He also stated that military service, credit reports and police records shed light on an applicant's character, too. He maintained that the legislature intended interview sessions to be conducted in closed meetings.

Another example of how the "Sunshine Law," appearing to be black and white on its face, could contain shades of gray as well, was the 1993 case of Dunn v. Alabama State University Board of Trustees? In this case, the Alabama State University Board of Trustees disagreed with the governor over his nomination of two trustees to the board. A suit was...