Government in the Sunshine Act

The Government in the Sunshine Act is a 1976 U.S. law intended to create greater transparency in government. It requires all meetings that are conducted by federal agencies be open to the public unless it falls into one of the Sunshine Act's ten exemptions.

Sunshine Act § 1612.10 outlines the recordkeeping requirements for federal agencies under the Act.

§ 1612.10(a) states that in the case of a meeting or portion of a meeting that is closed to the public, the Executive Secretary of the agency must maintain the following records:
(1) The certification of the Legal Counsel pursuant to § 1612.9 of the Sunshine Act;
(2) Statement from the presiding officer of the meeting setting forth the time and place of the meeting, and the people present;
(3) Complete electronic recording adequate to record fully the proceedings of each meeting closed to the public, except a meeting that falls under one of the exceptions, the agency may maintain minutes in lieu of a recording. Minutes must fully and clearly describe all matters discussed and must provide a full and accurate summary of any actions taken, and the reasons, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any item shall be identified in the minutes.

§ 1612.10(b) states that if the agency has determined that the meeting or meeting portion(s) may properly be closed to the public, the electronic recording or minutes may not be made available to the public until a time, if any, when it is determined by the Commission that the reasons for closing the meeting no longer pertain.

§ 1612.10(c) states that the agency must maintain a copy of electronic recordings or minutes for 2 years after the meeting or until one year after conclusion of the proceeding related to the meeting, whichever is later.

State sunshine laws are the laws in each state that govern public access to governmental records. These laws are sometimes known as open records laws or public records laws, and are also collectively referred to as FOIA laws, after the federal Freedom of Information Act.

Link to Regulation: https://www.law.cornell.edu/cfr/text/29/1612.10