Good question.

While the language of the law is not specific on this point, it is widely accepted that public participation is only required at a board's "regular meetings" and "special meetings."

The law does not include a definition of "regular meeting." Nor does it define "work session." But clearly they are distinct meeting types. The law says that a schedule of "regular meetings" is to be set at the beginning of each year; it does not require a set schedule for work sessions. (Although some agencies do schedule them, alternating with regular meetings in some way.)

The law does provide a definition of "special meeting," which is "a meeting scheduled by an agency after the agency's regular schedule of meetings has been established." This would not cover a work session, which while open to the public, is not a meeting where votes are taken or decisions made. Work sessions are intended to be informational and provide opportunities for discussion and deliberation when needed outside of the "regular meeting" schedule. A "special meeting" is basically a "regular meeting" that is held as needed in addition to those regular meetings already on the calendar.

Here is the language of the law on public participation:

General rule. Except as provided in subsection (d), the board or council of a political subdivision, or of an authority created by a political subdivision shall provide a reasonable opportunity at each advertised regular meeting and advertised special meeting for residents of the political subdivision or of the authority created by a political subdivision or for taxpayers of the political subdivision or of the authority created by a political subdivision or for both, to comment on matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action. ...

Obviously, there is room for clarification on this point, and we hope when the law is revised, "work session" is defined and the matter of public participation is spelled out.

Hope that helps.