Informal Opinion Letter Summary

Sunshine Memo 11-5

Sufficiency of Agenda

Requester asked whether the agenda for the August 14, 2009 meeting of the Board of Land and Natural Resources (BLNR) met the notice requirements under the Sunshine Law.

OIP found that the August 14 agenda was not sufficient under the Sunshine Law because it did not reasonably allow a member of the public to understand what rule amendments BLNR would be discussing.

This agenda item provides notice that BLNR would be discussing amendment of certain portions of all of DOBOR’s administrative rules. Given the breadth of this agenda item which encompassed possible amendment of every BLNR administrative rule regulating ocean recreation and coastal areas, OIP does not believe that the agenda item provided reasonable public notice of the actual proposed rule amendments to be considered at the meeting.

OIP advised that, at a minimum, the agenda should have provided the section numbers of the rules to be amended and a brief description of the subject matter of those rules and proposed amendments. Without this minimum level of detail, OIP does not believe the members of the public would have enough information to allow meaningful participation in the BLNR meeting.

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