Q The board of alderman in a code charter municipality has formed a three-member finance committee. May a fourth alderman, which would constitute a quorum, attend a finance committee meeting?

A A fourth alderman may attend a meeting of a municipal subcommittee as a member of the public without being considered a part of a quorum of the board of aldermen, provided that he does not actively participate in the subcommittee meeting. In the event that said alderman begins to actively participate in the subcommittee meeting to the extent that such participation rises to the level of “deliberation,” a violation of the Open Meetings Act would arise, as proper notice of a meeting of the board of aldermen was not given. (Attorney General’s Opinion to Melchi, September 13, 2019)