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ROBERT L. EHRLICH, JR., Governor H.B. 73
resources when local governments are struggling to meet local needs - including the
educational needs of Maryland's children - it would be inappropriate to impose these
added litigation costs on our local public bodies.
It is important to note that under current law, there is a State Open Meetings Law
Compliance Board (the "Board") whose express purpose is to receive complaints from
"any person" alleging a violation of the Open Meetings Law. A person does not have to
be "adversely affected" to file a complaint in this nonjudicial forum. The Board is
comprised of three members appointed by the Governor for three-year terms. The
Board began its activities in 1992 and is staffed by the Attorney General's Office.
While the Board's opinions are advisory only, it does provide a forum for any person to
highlight potential violations by a public body. Under the example noted above, the
Cecil County resident could complain about the Prince George's Board of Education to
the State Open Meetings Law Compliance Board, without causing expensive
litigation for government or burdening the judicial system. Existing law has provided
a forum for any person to air grievances about a public body regarding the Open
Meetings Act.
For the above stated reasons, I have vetoed House Bill 73.
Very truly yours,
Robert L. Ehrlich, Jr.
Governor
House Bill No. 73
AN ACT concerning
Open Meetings Act - Standing to File a Petition Alleging Violation of the Act
FOR the purpose of authorizing any person to file with a circuit court that has venue
a certain petition if a public body fails to comply with certain provisions of the
Open Meetings Act; and generally relating to an alleged violation of the Open
Meetings Act.
BY repealing and reenacting, with amendments,
Article — State Government
Section 10-510(b)(l)
Annotated Code of Maryland
(1999 Replacement Volume and 2003 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Government
10-510.
(b) (1) If a public body fails to comply with § 10-505, § 10-506, § 10-507, §
10-508, or § 10-509(c) of this subtitle [and a person is affected adversely, the] ANY
person may file with a circuit court that has venue a petition that asks the court to:
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