An Interpretive Guide to the Government in the Sunshine ActThis updated edition reexamines the Sunshine Act since it was originally signed in 1977. The authors have analyzed more than 150 court decisions that have interpreted or mentioned the Act, and have reviewed the legal literature over the past 28 years. |
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Contents
| 1 | |
Subdivision | 4 |
Meeting | 7 |
Legislative History | 10 |
The 1978 Sunshine Guide | 14 |
FCC v ITT World Communications | 17 |
American Bar Association Recommendation | 22 |
NRDC v Nuclear Regulatory Commission | 23 |
| 143 | |
General Counsel Certification | 144 |
Delegation | 147 |
Timing | 149 |
Certification and the Public Interest Determination | 150 |
Maintenance of Transcript Recording or Minutes | 152 |
Public Access to and Agency Provision and Retention of Transcripts Recordings or Minutes | 153 |
Standard for Deletion Extent of Agencys Duty to Edit the Record | 157 |
Summary | 25 |
Electronic Communications | 26 |
Member | 28 |
| 29 | |
Joint Conduct or Disposition of Agency Business and the Use of Notation Procedure | 30 |
Presumption of Openness and Public Observation | 39 |
Department of Justice 2002 Memorandum to the Federal Reserve Board | 41 |
Federal Reserve Practices | 45 |
Other Agency Public Observation Procedures | 46 |
Right to Record Photograph or Televise Open Meetings | 48 |
Public Observation in PostSeptember 11 Washington DC | 49 |
Virtual Meetings Teleconferencing and Public Observation | 53 |
Public Participation | 55 |
Public Understanding | 58 |
Access to Staff Memoranda and the Meaningfulness of Public Observation | 61 |
| 65 | |
Exemptions 1 and 2 National Defense and Foreign Policy Internal Personnel Rules and Practices | 72 |
Exemption 3 Statutory Exemption | 74 |
Exemptions 4 5 6 Proprietary Information Accusation of Crime or Formal Censure Invasion of Privacy | 76 |
Exemption 7 Investigatory Records | 81 |
Exemption 8 Financial Institutional Reports | 82 |
Exemption 9A B Financial Speculation and Stability Frustration of Proposed Agency Action | 83 |
Exemption 10 Issuance of Subpoena Participation in Civil Action or Proceeding Formal Agency Adjudication | 88 |
| 97 | |
Required Majority Vote on Closing and Information Proposed to be Withheld Under Subsection c | 98 |
Meaning of Portion or Portions of a Meeting | 99 |
Series of Meetings Procedure | 100 |
Requests to Close Meetings | 101 |
Requests to Close on Other Grounds | 103 |
Requests to Open Meetings | 105 |
Public Availability of Vote Full Written Explanation of Closing and List of All Attendees | 106 |
Availability of Vote | 107 |
List of All Expected Attendees | 108 |
Expedited Closing Procedure | 111 |
Computing the Majority | 115 |
Documentary Justification | 117 |
| 119 | |
Contents and Timing of Advance Notice | 120 |
Withholding Notice Information | 123 |
Providing Shorter Notice | 124 |
Providing No or Limited Notice | 130 |
Changing the Time Place Subject Matter or Decision to Open or Close | 133 |
Changing the Subject Matter or Decision to Open or Close Addition Deletion or CarryOver of Agenda Items | 134 |
Contents and Submission of Notice to Federal Register | 138 |
Use of Reasonable Means to Circulate Public Announcements | 140 |
Procedural Requirements and Delegation | 161 |
Subsequent Review of Transcript Material | 163 |
Administrative Appeal Procedures | 167 |
Fees for Furnishing Copies | 168 |
Maintenance and Use of Verbatim Copies of Transcripts Recordings or Minutes | 171 |
SECTION 552bg JUDICIAL REVIEW OF AGENCY RULES | 173 |
| 179 | |
Independent Enforcement Suits Jurisdiction and Remedies | 181 |
Suits to Obtain Access to Transcripts | 184 |
Reverse Sunshine Cases | 185 |
Judicial Review Proceedings | 186 |
Relief Under 5 USC 552bh2 | 188 |
Use of the Transcript for Judicial Review | 192 |
| 199 | |
Reverse Sunshine Cases | 201 |
| 203 | |
Confidentiality of Internal Memoranda | 204 |
Applicability of FOIA Procedures to Requests for Access to Transcripts | 206 |
Records Disposal | 209 |
| 211 | |
Need for Congressional Review | 219 |
Definition of Meeting | 226 |
Fees and Waivers | 228 |
Annual Reporting Requirement | 230 |
| 233 | |
APPENDICES | 239 |
The Government in the Sunshine Act Pub L No 94409 90 Stat 1241 94th Cong 2d Sess S5 Sept 13 1976 as amended | 241 |
LetterQuestionnaire to Sunshine Act Agencies from the Authors July 2001 | 255 |
Government in the Sunshine Act Agency Meeting Regulations in the Code of Federal Regulations | 259 |
Definition of Meeting in the Government in the Sunshine Act A Chronological Chart | 264 |
Department of Justice Letter to Covered Agencies April 19 1977 | 266 |
American Bar Association Report and Recommendation on the Government in the Sunshine Act February 1987 | 269 |
Administrative Conference of the United States Report and Recommendation 843 Improvements in the Administration of the Government in the Sun... | 283 |
Letter from Steven MH Wallman Commissioner Securities and Exchange Commission to Thomasina Rogers Chairperson Administrative Conference ... | 286 |
Administrative Conference of the United States Report and Recommendation by the Special Committee to Review the Government in the Sunshine A... | 299 |
Memorandum for J Virgil Mattingly Jr General Counsel for the Board of Governors of the Federal Reserve System Re Permissibility of Federal Reser... | 308 |
Letter from J Virgil Mattingly Jr General Counsel for the Board of Governors of the Federal Reserve System to Paul Colborn Esq Special Counsel De... | 316 |
Federal Reserve Board A Guide to the Meetings of the Board of Governors of the Federal Reserve System 2004 | 321 |
Sample Agency Meeting Notices | 329 |
Sample Agency General Counsel Certification Forms | 340 |
Letter from Michael K Powell Chairman and Michael J Copps Commissioner Federal Communications Commission to the Honorable Ted Stevens Ch... | 344 |
TABLE OF CASES | 347 |
| 355 | |
Common terms and phrases
action Administrative advance agency action agency business agency meetings agency members agency's agenda amended announcement appear Appendix apply attend authority Board certification Chapter closed meeting collegial Commission Commissioner Committee Communications concern conduct Conference Congress consider continued Counsel court D.C. Cir decision definition deliberations determination disclosure discussion effect example Exchange Exemption Federal Reserve Federal Reserve Board FOIA formal Freedom Government Guide hearing held House individual interest interpretation issues least Legal Letter limited majority materials matters minutes notation notice Office open meeting Operations participation particular permit person portion practicable procedures proceeding proposed public observation pursuant question reasons Recommendation record regarding Register regulations Regulatory release Report request response result rules Senate Service specific staff statute subsection Sunshine Act supra tion transcript United views violation vote
Popular passages
Page 1 - For purposes of this section — (1) the term "agency" means any agency, as defined in section 552(e) of this title, headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency; (2) the term "meeting...
Bibliographic information
| Title | An Interpretive Guide to the Government in the Sunshine Act |
| Authors | Richard K. Berg, Stephen H. Klitzman, Gary J. Edles |
| Contributor | American Bar Association. Section of Administrative Law and Regulatory Practice |
| Edition | illustrated |
| Publisher | American Bar Association, 2005 |
| ISBN | 1590315847, 9781590315842 |
| Length | 360 pages |
| Export Citation | BiBTeX EndNote RefMan |