State House members think there should be fewer exceptions to last-minute changes to local government meeting agendas.

House Bill 2146, passed overwhelmingly with bipartisan support in the state House, would clarify exceptions to the 24-hour rule for meeting agendas under the Sunshine Act. The state Legislature approved legislation in 2021 setting exceptions to the rule stating an agenda has to be available to the public 24 hours before a meeting. Recognizing the need for flexibility, the 2001 amendments established reasonable exceptions to the 24-hour rule, including actions related to emergencies; minor matters that arise after the notice is published and do not involve contractual or financial obligations; and minor matters raised by a resident or taxpayer during the meeting. The 2021 amendments further allow an agency to change its agenda during a meeting by a majority vote, provided the change is announced to those present before the vote.

A state Supreme Court case, however, could have weakened the public’s right to know what is going to be discussed after upholding a school district’s use of the 24-hour exception to approve a union contract, with the board approving the agenda change and then approving the contract during the same meeting. Many disagreed with the decision, saying it weakened the state’s Sunshine Law by making it easier for government to hide action items until the last minute when the public wasn’t paying attention.

We agree with those who disagreed with the state Supreme Court’s decision.

The House Local Government Committee amended H.B. 2146 to add a new category of exceptions to the 24-hour rule for minor administrative approvals that were inadvertently omitted from the agenda and that, if delayed until the next meeting, would cause hardship. While there must be some flexibility for last-minute changes to a meeting agenda, any decision that can result in the expenditure of hundreds of thousands of dollars of taxpayer money – like a new union contract – are not minor administrative approvals.

The state House’s overwhelming approval sends a clear message that most legislators disagree with the court’s decision. That message would be strengthened if the state Senate votes quickly and, ideally, overwhelmingly in favor of public notification of big decisions that will be made at local government meetings.