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State Sunshine Law Update
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12/29/2021 5:00:36 PM
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Permitted Interaction: <br /> Investigations <br /> •Less than a quorum <br /> •Scope of investigation defined at a <br /> meeting <br /> •Findings and recommendations presented <br /> at a 2nd meeting <br /> •Deliberation and decision-making <br /> at a 3rd meeting <br /> The second permitted interaction is a way for a board to do fact-finding on a particular issue <br /> and is one of the most frequently used by boards but should not be used to replace standing <br /> committees. It allows the board to set up a "permitted interaction group," commonly called a <br /> "PIG," consisting of less than a quorum of board members to investigate and report on a <br /> specific matter over the course of three meetings subject to the Sunshine Law. <br /> At the first meeting, the board must assign the members of the group and the scope of the <br /> investigation. <br /> As the PIG is not a sub-committee or standing committee,the PIG can then go out and do its <br /> work without having to follow the Sunshine Law's usual requirements for notice, public <br /> testimony, minutes, etc. The PIG can talk to anyone, except other board members,to do their <br /> investigation. Because they are not subject to the Sunshine Law's requirements as a <br /> subcommittee or standing committee would be, the PIG members can only talk to the board <br /> members appointed to the PIG, and not the others on the board, and there needs to be two <br /> more board meetings before action can be taken on the PIG's recommendations. <br /> Once the PIG has done its investigation and is ready to report to the board, then the board <br /> must hold a second meeting for the PIG to present its findings and recommendations to the full <br /> board. But the board cannot discuss or deliberate on the PIG's findings and recommendations <br /> yet. <br /> It is not until the board's third meeting, after the public has also had the opportunity to be <br /> informed of the PIG's findings and recommendations and can submit testimony on it, that the <br /> board can then discuss, deliberate, and decide on the PIG's findings and recommendations. <br /> 11 <br />
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