Ala. Admin. Code r. 820-2-7-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 820-2-7-.02 - Definitions

(1) For the purposes of this chapter, "governmental body" shall mean all boards, bodies and commissions of the executive and legislative departments of the state or its political subdivisions or municipalities that expend or appropriate public funds; all multimember governing bodies of departments, agencies, institutions, and instrumentalities of the executive and legislative departments of the state or its political subdivisions or municipalities, including, without limitation, all corporations and other instrumentalities whose governing boards are comprised of a majority of members who are appointed or elected by the state or its political subdivisions, counties or municipalities; and all quasi-judicial bodies of the executive and legislative departments of the state and all standing, special or advisory committees or subcommittees of, or appointed by, the body. The term "governmental body" does not include any of the following:

(a) Legislative party caucuses or coalitions;

(b) Alabama appellate or trial courts, except as required by the Constitution of this state or any body governed by rules of the Alabama Supreme Court; and

(c) Voluntary membership associations comprised of public employees, counties, municipalities, or their instrumentalities that have not been delegated any legislative or executive functions by the Legislature or Governor.

(2) For the purposes of this chapter, "meeting" shall mean (1) the prearranged gathering of a quorum of a governmental body, a quorum of a committee or a quorum of a subcommittee of a governmental body at a time and place which is set by law or operation of law; (2) the prearranged gathering of a quorum of a governmental body, a quorum of a committee or a quorum of a subcommittee of a governmental body at a time and place during which the body is authorized, by law or otherwise to exercise the powers which it possesses to approve the expenditure of public funds; or (3) the gathering, whether or not prearranged, of a quorum of a governmental body, quorum of a committee or a quorum of a subcommittee of a governmental body during which the members of the governmental body deliberate specific matters that, at the time of the exchange, the participating members expect to come before the body, committee, or subcommittee at a later date.

(3) For the purposes of this chapter, "quorum" shall mean, unless otherwise provided by law, a majority of the voting members of a governmental body.

Author: Hope M. Ayers

Ala. Admin. Code r. 820-2-7-.02

New Rule: Filed August 8, 2005; effective September 12, 2005.

Statutory Authority: Alabama Act Number 2005-40, "Alabama Open Meetings Act".