ACCESS TO MEETINGS

A. Alabama's Sunshine Law: Many states have long lists of
exceptions to the requirement for governmental bodies to meet
in public. In Alabama, there is one statutory exception and one
created by case law.

1. The Statute: ALA. CODE § 13A-14-2 provides:

a. "No executive or secret session shall be held by any of the
following named boards, commissions or courts of Alabama, namely:
Alabama Public Service Commission; school commissions of
Alabama; board of adjustment; state of county tax commissions; any
county commission, any city commission or municipal council; or
any other body, board or commission in the state charged with the
duty of disbursing any funds belonging to the state, county or
municipality, or board, body or commission to which is delegated
any legislative or judicial function; except, that executive or secret
sessions may be held by any of the above named boards or
commissions when the character or good name of a woman or man
is involved. (b) Any person or persons violating any of the provisions
of this section shall be guilty of a misdemeanor, and, upon
conviction, shall be fined not less than $10.00 nor more than
$500.00."b. "Any person who remains in attendance upon any
meeting of any of the above named boards or bodies which is being
held in secret or executive session shall be deemed guilty of violating
the provision of this Section."

2. Overview: The courts have held that public access to public bodies
generally extends to the entire decision-making process from
discussion or debate and formulation through adoption and
enforcement; otherwise public meetings could be held only to ratify
decisions made in secret. Dale v. Birmingham News Co., 452 So. 2d
1321 (Ala. 1984).

3. No Secret Meetings are Ever Required: The Sunshine Law does
not require executive sessions under any circumstances. Public
boards or bodies can elect to conduct public meetings even when
character and good name or legal business is being discussed
without violating the Sunshine Law.