§ 10-502.5. Complaint

   (a) In general. -- Any person may file a written complaint with the Board seeking a written opinion from the Board on the application of the provisions of this subtitle to the action of a public body covered by this subtitle.

(b) Contents. -- The complaint shall:

   (1) be signed by the person making the complaint; and

   (2) identify the public body, specify the action of the public body, the date of the action, and the circumstances of the action.

(c) Receipt of complaint; response. --

   (1) On receipt of the written complaint, and except as provided in paragraph (3) of this subsection, the Board shall promptly send the complaint to the public body identified in the complaint and request that a response to the complaint be sent to the Board.

   (2) (i) The public body shall file a written response to the complaint within 30 days of its receipt of the complaint.

      (ii) On request of the Board, the public body shall include with its written response to the complaint a copy of:

         1. a notice provided under § 10-506 of this subtitle;

         2. a written statement made under § 10-508(d)(2)(ii) of this subtitle; and

         3. minutes and any tape recording made by the public body under § 10-509 of this subtitle.

      (iii) The Board shall maintain the confidentiality of minutes and any tape recording submitted by a public body that are sealed in accordance with § 10-509(c)(3)(ii) of this subtitle.

   (3) (i) If the public body identified in the complaint no longer exists, the Board shall promptly send the complaint to the official or entity that appointed the public body.

      (ii) The official or entity that appointed the public body shall, to the extent feasible, comply with the requirements of paragraph (2) of this subsection.

   (4) If after 45 days, a written response is not received, the Board shall decide the case on the facts before it.

(d) Duties of Board. -- The Board shall:

   (1) review the complaint and any response; and

   (2) if the information in the complaint and response is sufficient to permit a determination, issue a written opinion as to whether a violation of the provisions of this subtitle has occurred or will occur not later than 30 days after receiving the response.

(e) Informal conference; written opinion. --

   (1) If the Board is unable to reach a determination based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant, the public body, or any other person with relevant information about the subject of the complaint.

   (2) An informal conference scheduled by the Board is not a "contested case" within the meaning of § 10-202(d) of this title.

   (3) The Board shall issue a written opinion not later than 30 days following the informal conference.

(f) Board unable to render opinion within specified time periods. --

   (1) If the Board is unable to render an opinion on a complaint within the time periods specified in subsection (d) or (e) of this section, the Board shall:

      (i) state in writing the reason for its inability; and

      (ii) issue an opinion as soon as possible but not later than 90 days after the filing of the complaint.

   (2) An opinion of the Board may state that the Board is unable to resolve the complaint.

(g) Who shall receive written opinion. -- The Board shall send a copy of the written opinion to the complainant and to the affected public body.

(h) Periodic written opinions. --

   (1) On a periodic basis, the Board may send to any public body in the State any written opinion that will provide the public body with guidance on compliance with the provisions of this subtitle.

   (2) On request, a copy of a written opinion shall be provided to any person.

(i) Nature of written opinion; action by public body. --

   (1) The opinions of the Board are advisory only.

   (2) Except as provided in paragraph (3) of this subsection, the Board may not require or compel any specific actions by a public body.

   (3) (i) If the Board determines that a violation of this subtitle has occurred:

         1. at the next open meeting of the public body after the Board has issued its opinion, a member of the public body shall announce the violation and orally summarize the opinion; and

         2. a majority of the members of the public body shall sign a copy of the opinion and return the signed copy to the Board.

      (ii) The public body may not designate its counsel or another representative to provide the announcement and summary.

      (iii) Compliance by a public body or a member of a public body with subparagraphs (i) and (ii) of this paragraph:

         1. is not an admission to a violation of a provision of this subtitle by the public body; and

         2. may not be used as evidence in a proceeding conducted in accordance with § 10-510 of this subtitle.

HISTORY: 1991, ch. 655; 1996, ch. 10, § 1; 2004, ch. 25, § 6; ch. 440; 2007, ch. 643; 2013, ch. 612.