An Interpretive Guide to the Government in the Sunshine Act

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American Bar Association, 2005 - 360 páginas
This 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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SECTION 552ba DEFINITIONS
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
SECTION 552bf GENERAL COUNSEL CERTIFICATION PREPARATION AND PUBLIC AVAILABILITY OF TRANSCRIPTS RECORDINGS AN...
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
SECTION 552bb CONDUCT OF BUSINESS PRESUMPTION OF OPENNESS AND PUBLIC OBSERVATION
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
SECTION 552bc GROUNDS FOR CLOSING MEETINGS
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
SECTION 552bd PROCEDURES FOR CLOSING MEETINGS
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
SECTION 552be PROCEDURES FOR ANNOUNCING MEETINGS
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
SECTION 552bh JUDICIAL REVIEW OF PARTICULAR AGENCY ACTIONS
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
SECTION 552bi ASSESSMENT OF COSTS
199
Reverse Sunshine Cases
201
SECTION 552bk RELATIONSHIP TO FREEDOM OF INFORMATION ACT
203
Confidentiality of Internal Memoranda
204
Applicability of FOIA Procedures to Requests for Access to Transcripts
206
Records Disposal
209
SUNSHINE ACT PERCEPTIONS PROBLEMS AND PROPOSALS
211
Need for Congressional Review
219
Definition of Meeting
226
Fees and Waivers
228
Annual Reporting Requirement
230
SELECTED BIBLIOGRAPHY
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
INDEX
355
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Página 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...

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