ANNAPOLIS, Md. — Maryland’s Open Meetings Compliance Board has ruled that the Anne Arundel County Board of Education violated the state Open Meetings Act during at least two meetings in late 2025 by consulting privately with its attorney without following required procedures and by exchanging text messages with counsel on policy matters while in open session.
The board issued its nine-page opinion on March 24, 2026, clearing the school board on allegations of improper public comment restrictions and missing agenda notices but finding three clear violations of the law. The decision stems from multiple complaints filed about meetings on November 5, November 17, December 3, 2025, and January 8, 2026.
The Compliance Board concluded the Anne Arundel County Board of Education broke the law when it took a recess during its November 5, 2025, meeting to confer with counsel on legal and parliamentary issues related to a redistricting motion. Board members gathered in small groups of less than a quorum, but the discussion was part of the body’s deliberative process. The opinion states the board convened in open session then excluded the public without the presiding officer conducting a recorded vote to close the meeting or preparing a written closing statement as required by state law.
A similar violation occurred through text messages. During the same November 5 meeting, board members exchanged texts with the attorney that included discussion of legal advice on policy issues. The Compliance Board found these communications amounted to part of the public body’s deliberations yet took place outside the view of the public and without proper closure procedures. The opinion notes that such attorney-client discussions could qualify for a closed-session exception under the Act, but only if the board follows strict steps including a recorded vote and written statement.
The board also violated the Act by failing to respond within 30 days to several complaints, even after receiving an extension. The opinion acknowledges the complaints arrived during the school district’s holiday break and a snowstorm disrupted operations, yet it still ruled the delays unlawful.
No violations were found on the handling of public comments. The Compliance Board noted that while members of the public have the right to observe meetings, the Open Meetings Act does not give them a right to participate. Presiding officers may interrupt or limit speakers without breaking the law. The board also ruled that restrictions on public comment did not need to appear in meeting notices or agendas because they were not items of business or topics for discussion.
The opinion references a prior December 1, 2025, ruling against the same board for nearly identical conduct on September 17, 2025. In that case the board was found to have improperly excluded the public from attorney consultations. The Compliance Board commended the Anne Arundel County Board of Education for taking steps to prevent future violations after receiving that earlier guidance.
The Open Meetings Act requires public bodies to meet in open session unless a specific exception applies and proper procedures are followed. The law aims to let citizens observe the full deliberative process and decision-making. The Compliance Board emphasized that even conversations involving fewer than a quorum can trigger the Act if they form part of the body’s overall discussion of public business.
Anne Arundel County Public Schools serves more than 80,000 students across the region bordering Southern Maryland. The school board’s decisions on issues such as redistricting directly affect families in nearby communities. Transparency in board deliberations remains a priority for parents and residents who rely on open meetings to stay informed about policy changes that impact local schools.
The ruling requires the Anne Arundel County Board of Education to acknowledge the violations and announce the opinion at its next meeting under state law. The Compliance Board, made up of three attorneys appointed by the governor, issues these advisory opinions to guide public bodies across Maryland. Its decisions carry no fines but set clear expectations for compliance.
This latest opinion reinforces the importance of proper procedures even during recesses or electronic communications. Board members must ensure the public can observe all substantive discussions, including those with legal counsel on policy topics. The findings highlight ongoing challenges for elected bodies balancing efficiency with openness, especially when legal advice is needed mid-meeting.
School board officials have not yet issued a public statement on the March 24 opinion. The decision comes as the board continues its work on redistricting and other policy matters that have drawn significant community interest. Residents can review the full opinion on the Maryland Office of the Attorney General website.
The case underscores the value of the Open Meetings Act in maintaining public trust in local government. For families in Southern Maryland who interact with Anne Arundel schools through athletics, transfers or regional programs, the ruling serves as a reminder that transparency protections apply equally across county lines.