Keedysville Town Council Found in Violation of Open Meetings Act for Email Discussions During Pandemic

The Maryland Open Meetings Compliance Board has found that the Keedysville Town Council violated state law when it conducted official town business over email during the early stages of the COVID-19 pandemic. The ruling stems from a March 2020 exchange between a quorum of Council members who used reply-all emails to discuss how to respond to large gatherings at a town park, which were prohibited under a state emergency order at the time.

The Compliance Board determined that the email thread, which included nine messages sent over a three-hour period, constituted a “meeting” under Maryland’s Open Meetings Act. Because three or more members of the five-member Council participated and discussed public business related to park enforcement, the exchange was deemed a meeting requiring public notice and access. The Council had argued that the emails were part of an administrative function and therefore exempt from the Act, but the Board disagreed.

Citing established precedent, the Board emphasized that meetings do not have to occur in person to fall under the Act’s requirements. An email conversation involving a quorum of members discussing town matters can qualify as a meeting if the interaction is sufficiently contemporaneous and focused on official business. The Board concluded that the Council was discussing enforcement strategies for Governor Hogan’s March 2020 executive order, including possible physical changes to park facilities and coordination with law enforcement, all of which fall under the Council’s supervisory responsibilities over public spaces.

The Board also rejected the Town Council’s assertion that the discussion qualified as an administrative function exempt from the law. While the Council is authorized to oversee public parks and promote public health, the Board found that it was not legally responsible for enforcing the executive order on large gatherings. That duty rested with law enforcement. Therefore, the Council’s actions did not meet the criteria for an administrative exemption.

The ruling concludes that the email discussion was a meeting subject to the Act’s requirements and should have been conducted publicly. The Keedysville Town Council was directed to acknowledge the violation in accordance with state law.

Article by multiple RFHC contributors, based upon information from the Maryland Open Meetings Compliance Board Opinion issued April 28, 2025.

Associated documents for this story are available in our Public Information Archive.

Video Spotlight