Open Meetings Act Quick Reference

The Nebraska Open Meetings Act is updated periodically. Always check the Nebraska Attorney General’s Open Meetings Act webpage and consult your county attorney with specific questions.
 
Rights of the Public

Almost all governmental councils, boards, committees, and advisory groups must comply with the Nebraska Open Meetings Act. The purpose of the Act is to ensure public business is conducted openly, not in secret and to ensure the public can know what is being discussed; attend meetings; and participate/provide input.

 

Essentials

Meeting (§ 84-1409)

A meeting is defined as all regular, special, or called meetings, formal or informal, of any public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action of the public body. To count as a meeting, a quorum must be present. 

  • Open meetings statutes do not apply to chance meetings or to attendance at or travel to conventions or workshops of members if no vote or other actions the board had control over are taken.

 

Notice (§ 84-1411)

Meeting notices should be published in a newspaper of general circulation. The location and date of the meeting notice should be recorded in the minutes of the meeting. 

  • The public must give “reasonable advance publicized notice” of every meeting. 
    • Regular meetings: 5–10 days in advance
    • Special meetings: 24–48 hours
    • High-interest or major decisions: 7–14 days
    • Absolute minimum: 24 hours (only if properly publicized and not misleading)
    • What must be included in the meeting notice: date; time; location; and how to access the agenda

 

Agenda (§ 84-1411)

Must be available for public inspection and be kept continually current. No formal action can be taken on items not listed on the agenda.

  • Key Requirements
    • Cannot be altered within 24 hours before the meeting except for emergency items.
    • Descriptive enough so the public is able to understand what will be discussed or acted on.
  • Website Requirements (for many public bodies)
    • Agenda posted at least 24 hours prior and agenda/minutes available for at least 6 months

 

Minutes (§ 84-1413)

Every public body shall keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed. It does not need to be a detailed record of what each person said.

  • Minutes shall be available for inspection within 10 working days following the meeting. The minutes do not need to be approved prior to being shared with the public.  
  • Any action taken on any motion made and seconded shall be by roll call vote of the public body in open session, and the record shall state how each member voted.

 

Virtual Meetings (§ 84-1411)

Virtual meetings are allowed only IF…

  • No more than 50% of the meetings are held virtually in calendar year.
  • Advanced notice of the meeting was published in the paper, and the Zoom link was made available.
  • Links to the agenda, all documents being considered at the meeting, and the current version of the Act should be shared with all virtual participants.
  • There is accommodation for members of the public to attend at a physical site.
    • The physical site must have at least one member of the public body or designee in attendance.
    • The virtual conference is recorded by audio or visual recording devices. Note, the Act does not say the recording needs to be shared. 
    • The physical site must have at least one copy of all documents being considered at the meeting.
  • Members of the public are provided with a reasonable opportunity to provide input, including public comment or questions.
Hybrid meetings are not allowed. The Attorney General has informally concluded that § 84-1411 authorizes virtual attendance by members of the public body only at meetings that satisfy the requirements pertaining to virtual conferencing.

 

Be aware

Closed Sessions (§ 84-1410)

  • The board needs to vote to enter a closed session. The motion must explicitly identify the specific subject matter and the reason necessitating the closure.
    • Subject matters could include: personnel matters, legal strategy conversation, property negotiations, & security concerns.
    • Reason could include: to protect the public interest, or to prevent needless injury to the reputation of an individual.
    • Example, "I move that the Extension Board enter into closed session for the purpose of discussing a personnel concern. This closed session is necessary to prevent needless injury to the reputation of an individual, and the individual has not requested a public meeting."
  • The vote of each member, the time the session commenced, and the time the session concluded must be recorded in the open meeting minutes
  • During closed session, board must stay on topic, not take any formal action, and must vote to return to open session. 

 

Emergency Meetings (§ 84-1411)

Allowed only for true emergencies and may be held virtually. 

  • Minutes must include: nature of the emergency and why notice wasn’t possible.
  • Only emergency matters may be acted upon.

 

Public Rights (§ 84-1412)

  • Copy of the Open Meetings Act must be posted at the meeting site (putting it up in some fashion, including attaching it to a bulletin board, hanging it by a chain or fastening it to a wall, etc). “Posting” does not include placing the Act on a table as a loose document which can be removed and therefore might not be available throughout the meeting.
  • The public has the right to attend meetings; record, photograph, and broadcast and make comments at every meeting. Public comment must be allowed at every meeting, but the board can set time limits.

 

Updated June 2026.