• YouTube
  • Find us on the web:


User:Joshualmeyer/sandbox for OML

[edit]

Notice requirements:

Alabama Open Meetings Act

The law requires all government bodies including, the legislatures committees and subcommittees, to provide notice of at least seven calendar days prior to public meetings. A number of bodies are exempt from this requirement, and thus essentially exempt from the open meetings law, most notably any bodies created to function in an advisory capacity which are not compensated for their time through public funds. The act also requires all statewide agencies to post notice of their meeting times online via the State Secretary of State website. The open meetings act, however, requires only the notification of the time, date and location of the meeting, and does not require the posting of an agenda. The law also provides exemptions for emergency hearings if the hearing is required to prevent harm to individuals or property or if the sole subject of the meeting is to accept the resignation of a member of the public body. [1]

In Slawson & Furman v. Alabama Forestry Commission, the Alabama Supreme Court established that notice must be given of all meetings, including meetings that are intended only to convene into executive session.

Alaska Open Meetings Act

"Reasonable" public notice must be given for all meetings subject to this act. It must include information about the date time and location as well as teleconferencing facilities, if the meeting will take place via teleconference. Notices can be announced through the media but must be placed at the office of the public body, or at some other designated location. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named code1

Arizona Open Meetings Act

Notice of all meetings, including executive sessions, must be posted at least 24 hours in advanced of the meeting time, not including Sundays, in a conspicuous public location and online if the public body has a website. The act does permit the opening of an emergency meeting so long as it is justified and so long as any results of the meeting are posted within 24 hours. The law also permits a public body to open a meeting within 24 hours of closing another meeting, if the public body announced the next meeting at the previous open meeting. The notice must also include the agenda to the best of the governmental body's knowledge and no topics outside the posted agenda may be discussed at the meeting unless required by an emergency.[1]

Arkansas Open Meetings Law

The law requires all public bodies to furnish the time and place of their meetings to anyone who requests them. For emergency or special meetings, the public body is required to notify all local news agencies 2 hours prior to the meeting of the time and location of the meeting.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

California Open Meeting Act

Brown act

The governmental body must post notice and an agenda for any regular meeting at least three days prior to the meeting, including any topics to be discussed in closed sessions. When someone requests a mailed notification, the governmental body must get it to them at least three days (72 hours) before regular meetings. The governmental body must post notice of meetings that continue from initial meetings. The posted agenda's are designed to restrict the content of the meetings and no new topics, not addressed on the agenda can be included in the meeting. The act does however provide for emergency votes on items, where a 2/3rds majority of the board decides that it is an emergency and that they must take immediate action.

Special meetings can be called with only a 24 hour notice and the posting of an agenda for the special meeting. Emergency meetings can be called with only an hour warning, if the emergency "severely impairs public health or safety" [1]. The act requires that the public agency notify news media who had requested notification of emergency meetings one hour prior to the meeting.

If someone requests that they be notified of special meetings, the governmental body must deliver notice of special meetings at least one day in advance. In the event of an emergency meeting, the governmental body must deliver notice at least one hour in advance to those who request it as well as to the media.[1]

Bagley-Keene act

The Bagley-Keene act requires public bodies to provide 10 days notice for all meetings, both in writing and online. The notice must include contact information for someone who can provide more information for the meeting, as well as the time, date and location of the meeting. Both open meetings and executive sessions must be posted with a list of what will be discussed at the meetings, and provides a limit to the topics that can be discussed at the meeting. However, the act does permit emergency issues to be addressed without being included in the agenda, if 2/3rds of the board votes that it is imperative. The act does allow special meetings to be called without giving a ten day notice when the public interest is in favor of action and the topic of the meeting meets one of the following criteria:

  • to consider pending litigation
  • to consider proposed legislation
  • to consider a new legal opinion
  • disciplinary action of a state employee
  • purchase or sale of real estate
  • license examinations
  • to consider actions on a loan or grant
  • to respond to final draft audits
  • to replace a resigned or deceased state officer [2]

The state is however obligated to deliver notice of special meetings to media outlets and any individuals who had requested notice 2 days prior to the meeting. Emergency meetings can be called with only an hour warning, if the emergency "severely impairs public health or safety" [2]. The act requires that the public agency notify news media who had requested notification of emergency meetings one hour prior to the meeting. They must also post the minutes of emergency meetings within ten days.

Grunsky-Burton act

The act requires that meetings be held "only after full and timely notice to the public" which can be determined by the rules of the houses.[3]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named brown
  2. Cite error: Invalid <ref> tag; no text was provided for refs named bagley
  3. Grunsky-Burton Act 9028

Colorado Sunshine Law for open meetings

Meeting notice must be posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The designated place for posting notice is identified each year at the first regular meeting of each calendar year. Agenda information should be included when possible.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Connecticut Open Meetings Law

All state agencies, except for the legislature, must post with the Secretary of State by January 31, the meetings schedule for all their regular meetings for the next year. Local bodies must file the same documentation with the municipal clerk. The legislature is required to post the same list on only odd number years. There can be no meetings held within the thirty days from when the schedule is filed. [1]

The agency must provide written notice of all regularly scheduled meetings to anyone who requests it.[2]

Agendas must be posted for each scheduled meeting at least 24 hours in advance of the scheduled meeting time. The agenda, however, can be overridden with a 2/3 vote of the present members. [1]

There cannot be less that 24 hours notice of a special meeting, and the notice must be filed in the office of the Secretary of the State for any public agency, in the office of the clerk for any public agency of a political subdivision, and in the office of the clerk of each municipal member for any multi-town district or agency. The notice must include the time date and the material to be discussed. Nothing else can be discussed at the special meeting. Emergency meetings can be held without notice, provided that the agency post the minutes of the meeting within 72 hours and include an adequate justification of the emergency. In addition, written notice for special meetings must be delivered to the usual place of abode of each member. (This requirement is waived if a member files or telegrams a written waiver of delivery, or if the member is actually present at the meeting when it convenes.)[1]

The act permits agencies to adopt more stringent notice requirements.

Delaware Open Meetings Law

All public bodies are required to give at least 7 days notice for all meetings. THe notice must include the intended time and location of the meeting as well as a tentative agenda. The agenda is not binding and may be changed prior to the meeting. Special or rescheduled meetings require a 24 hour notice. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Florida Open Meetings Law

The body must provide reasonable notice of all meetings.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Georgia Open Meetings Act

Agencies are required to maintain a posted notice of regularly held meetings. In addition, every agency must post specific notice for every meeting at least 24 hours prior to the start of the meeting. They are also obligated to contact any media agencies who have requested to be notified of public meetings. The law does however permit the agency to call a meeting with less than 24 hours notice, provided that the agency justifies the special meeting within its minutes. The act also requires the agency to post an agenda within a reasonable time period before the meeting. However, the agenda is not binding and the agency may address any material that is not on the agenda. [1]

The agenda of all matters expected must be available upon request and must be posted at the meeting site, as far in advance of the meeting as possible. It must be posted at some time during the two-week period immediately prior to the meeting. Anything not included on the agenda which is addressed during the meeting cannot be considered or acted upon.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act141

Hawaii Sunshine Law

The board must give written public notice of regular, special, or rescheduled meetings as well as executive meetings when they are anticipated in advance. The notice must include the agenda listing all of the expected items for the meeting, the date, time, and place of the meeting. In the case of an executive meeting, the notice must give the purpose.

The notice must be filed in the lieutenant governor's office or the county clerk's office, and in the board's office, available to the public, at least 6 calendar days before the meeting. The notice must also be posted at the meeting site whenever feasible.

No board can change the filed agenda by adding items without a 2/3 vote of all board members as long as no item will be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons. Items of reasonably major importance not decided at a scheduled meeting will only be considered at a meeting continued to a reasonable day and time.

The board must keep a list of names and addresses of people who request notification of meetings and must mail a copy of the notice to these people no later than the time the agenda is filed.[1]

If a board sees that there is an imminent peril to the public health, safety, or welfare and requires a meeting in less time than the public notice requirements allow, the board can hold an emergency meeting as long as:

  • The board states in writing the reasons for the emergency
  • 2/3 of all board members agree that an emergency exists
  • An emergency agenda and the reasons are filed with the lieutenant governor office or the county clerk's office, and in the board's office
  • People who have requested notification are contacted by mail or telephone as soon as practicable[1]

If an unanticipated event requires a board to take action on a matter that it has supervision, control, jurisdiction, or advisory power over, within less time than the notice law requires and convene a meeting of the board, the board can hold an emergency meeting to deliberate and decide whether and how to act in response to the unanticipated event as long as:

  • The board states in writing the reasons for the unanticipated event has occurred and that an emergency meeting is necessary and the attorney general concurs that the conditions necessary for an emergency meeting under this subsection exist
  • 2/3 of all members to which the board is entitled agree that the conditions necessary for an emergency meeting under this subsection exist
  • The reasons and the agenda for the emergency meeting under this subsection are filed with the lieutenant governor office or the county clerk's office, and in the board's office
  • Persons requesting notification on a regular basis are contacted by mail or telephone as soon as practicable
  • The board limits its action to only that action which must be taken on or before the date that a meeting would have been held, had the board given proper notice of the meeting.[1]

An "unanticipated event" means:

  • An event which board members didn't have sufficient advance knowledge of or reasonably could not have known about from information published by the media or information generally available in the community
  • A deadline established by a legislative body, a court, or a federal, state, or county agency beyond the control of a board
  • A consequence of an event for which reasonably informed and knowledgeable board members couldn't have taken all necessary action.[1]
  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Idaho Open Meeting Law

The act requires that all government agencies give at least 5 days notice of meeting times and dates and post a definitive agenda within 48 hours of the meeting. If the agency in question holds regularly scheduled meeting, they can announce those meetings in bulk at one point during the year. The act allows for special meetings to be called in order to prevent physical harm to persons or property or to prevent significant financial loss. Special meetings requires a 24 hour notice which must include the date, time, location and subject of the meeting. The statute also requires a 24 hour notice for executive sessions which must include the topic to be discussed at the sessions. Agendas for both regular and special meetings [1]

Illinois Open Meetings Act

Public bodies need to post a schedule, the dates, the times and the places for regular meetings at the beginning of each fiscal year. If a change is to be made in these regularly scheduled meetings, then the public body is required to provide a 10 day notice. In preparation for any public meeting, the public body must post the agenda, with the date, time and place, in the building and office of the public body 48 hours in advance. If there is a website and sufficient staff to change the website, the agenda must be put on it as well.

The only exception to the 48 hour rule is in the event of an emergency where a meeting needs to be called, but all practical efforts must be made to provide notice to the public as early as possible, including providing notice specifically to any news agencies who have requested notice of special meetings. If a meeting is reconvened within 24 hours of the initial meeting, an announcement about the reconvening was made at the first meeting, and there is no change in the agenda, the public body does not have to abide by the 48 hour rule.

As long as these rules are followed and the news media claims they were not informed, the meeting cannot be invalidated.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Indiana Open Door Law

Before a public meeting takes place, Indiana Open Door Laws, require a public notice of the date, time, and place of any meetings, executive sessions, or of any rescheduled or reconvened meeting, shall be given at least forty-eight (48) hours (excluding Saturdays, Sundays, and legal holidays) before the meeting. This requirement does not apply to reconvened meetings (not including executive sessions) where announcement of the date, time, and place of the reconvened meeting is made at the original meeting and recorded in the memorandum and minutes thereof, and there is no change in the agenda. Public agencies are also required to notify all news agencies who have requested notification of meetings. Notice of regular meetings are to be posted once a year. The act allows for the calling of emergency meetings where life or property is threatened and immediate action must be taken. However, it requires that all news agencies who have requested notification to be notified of emergency meetings at the same time as the committee's members. Notification laws do not apply to the General Assembly. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Iowa Open Meetings Law

Governmental bodies are required to give at least 24 hours notice of all meetings, which must include the time and location of the meeting and the tentative agenda. The governmental body is also required to notify all news agencies who have requested specific notification of any meetings. The act permits emergency meetings to be held, so long as they are justified within the minutes of the meetings.

Subcommittees of government bodies can hold unannounced meetings immediately following or during the open meetings of the committee of which they are apart if they announce those meetings during the larger committee meeting.[1]

Kansas Open Meetings Act

The act requires that all public agencies provide appropriate notice and an agenda to any group or individual who has requested notice of all official and special meetings. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act4318

Kentucky Open Meetings Act

All meetings of public agencies must be held at regularly scheduled times and the schedule for regular meetings must be made available to the public. [1]

The act allows for special meetings to be called in addition to the regularly scheduled meetings. The public agency must provide at least 24 hours notice of the meeting, including an agenda which limits the discussion of the materials at the meeting. The public agency must also provide 24 hours notice to any news agency that has requested notice. The act allows meetings to be called with less than 24 hour notice so long as it is in a grave situation. [2]

Louisiana Open Meeting Law

All public agencies are required to post their schedule of regular meetings at the beginning of the year. Agencies must also provide 24 hours written notice of all regular and special meetings, including the agenda of the meeting. Items not on the agenda can only be considered after a 2/3 vote of the public body. The public agencies are also required to notify any media organizations who have requested notice of the meetings. No part of these notice requirements applies to the legislatures. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Maine Open Meeting Law

The act requires ample notice be given of public meetings, so as to allow the public full opportunity to attend. In the event of an emergency meeting, public bodies are obligated to notify all local news agencies. [1]

Maryland Open Meetings Act

The act requires that all public bodies provide appropriate notice in writing by posting at a local office and contacting any news agencies that have requested to be provided notice.

Massachusetts Open Meetings Act

The act requires all public bodies to post notice 48 hours in advance of any meeting. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named exempt

Michigan Open Meetings Act

Public bodies are required to post notice of all meetings at their main office. Regularly scheduled meetings are to be posted within 10 days of the first meeting of the year, at which the meeting times are to be established. If one of these regular meetings is changed, then the public body must post notice of this within 3 days of deciding to change the meeting time. Notice must be posted 18 hours before a changed regular meeting, 6 hours before a conference committee meeting and 1 hour before a second conference committee meeting. A public body may reconvene a meeting within 36 hours of original meeting without posting notice. Emergency meetings may be held to protect life or property interests, if 2/3 of the body deem it necessary. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Minnesota Open Meeting Law

Public agencies are obligated to hold a schedule of their regular meetings in their main office. Changes in regular meetings and special meetings require notice to be posted 24 hours in advance of the meeting, and notice to be sent to any individuals who have requested notice. Emergency meetings may be called with less notice, so long as a good faith effort is made to contact any media outlets who have requested that they be contacted. Meetings may be recessed and reconvened so long as notice of the reconvening is provided in the original meeting. Public agencies must provide notice of executive sessions as well. [1]

Mississippi Open Meetings Act

The act requires all public bodies to establish a regular meetings schedule, and does not require further announcement for regular meetings. For special meetings, the act requires a 1 hour notice to be posted in a public location. The act requires all public agencies to provide 5 days notice for all meetings using teleconferencing. The notice must include the date and time of the meeting as well as the location of the meeting and any location at which the public can participate. In the case of an emergency, the act allows public bodies to meet using teleconferencing without providing prior notice. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Missouri Sunshine Law for open meetings

The act requires all public bodies to provide at least 24 hours notice, excluding weekends and holidays, for all meetings. Notice must be posted in the public agencies office and be sent to any news agencies who have requested notice. Notice requirements apply to executive sessions as well as regular meetings. [1]

Subcommittees of public bodies may hold meetings without notice during or immediately after a meeting of their parent committee.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Montana Open Meetings Law

The act does not specify a time-line for notice but requires that all public agencies allow sufficient notice so as to permit public participation. This requirement can be meet by placing an add in the local media or holding an open public hearing about the question. [1]

Nebraska Open Meetings Act

The act requires public agencies to provide appropriate public notice, including posting the time and date of the meeting as well as an up to date agenda. The agenda cannot be changed within 24 hours of a state meeting and 48 hours of a meeting of a political subdivision. Public agencies are also required to maintain a list of news media who have requested meeting notifications and are required to contact them to notify them of meetings. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Nevada Open Meeting Law

Public bodies are required to provide 3 days notice prior to public meetings, and they must include the time and location of the meeting as well as an agenda listing the topics to be discussed at the meetings. The act requires notice to be posted at the main office of the public agency as well as three additional prominent locations in the jurisdiction of the public agency. The act also requires the public agency to notify all individuals who have requested notice, either through the mail or through email. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

New Hampshire Open Meetings Law

The act requires that all public bodies post notice 24 hours prior to the meeting in two locations, including the public office as well as online or in the local newspapers. The act allows for emergency meetings but requires that they be justified within the minutes of the meetings and that every attempt be made to notify the public of the meeting. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

New Jersey Open Public Meetings Act

The act requires that all public bodies provide 48 hours notice for all meetings, including the time and location of the meeting as well as an agenda of the meeting. The act requires that the notice must be posted at one regular location within the public agencies offices, be sent to at least two newspapers, be filed with the local clerk or the secretary of state and be sent to all individuals who have requested notice of the meetings. The act allows for emergency meetings to be convened with a 2/3 vote of the public body. The subject of the meeting is limited to only the urgent matters and notice must be posted as soon as possible. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

New Mexico Open Meetings Act

The act requires all public bodies to provide reasonable notice for all meetings. Reasonable notice is determined by each agency at the beginning of the year. The act requires that all public agencies post notice in a prominent location and contact any news agencies who have requested notification of meeting times. Notice must also be accompanied by an agenda. Agendas must be released at least 24 hours prior to the meeting. Public bodies may only discuss topics that appear on the released agenda, unless an emergency arises requiring immediate attention. Meetings can be closed and reconvened within a reasonable amount of time without notice as long as notice is provided in the original meeting and that the reconvened meeting does not discuss any topics outside of the agenda of the original meeting. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

New York Open Meetings Law

The act requires that all public bodies provide at least 72 hours notice for meetings scheduled at least a week in advance. Notice must be placed in a conspicuous location and be sent to the local news media. The act requires the public body to provide reasonable notice for all meetings scheduled less than a week in advance. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

North Carolina Open Meetings Law

Most public bodies are required to maintain a schedule of regular meetings at their local or state office. Changes in this regular schedule require a 7 day notice prior to the first meeting of the new schedule. Meetings outside of these regular meetings require notice to be posted 48 hours prior to the meeting. Notice must be posted within the departments local office and be provided to all news agencies and private individuals who have requested notice. Emergency meetings can be called with less than 48 hours notice, provided that notice is sent to the news media as soon as possible. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

North Dakota Open Meetings Statute

All bodies, except for the legislature are encouraged to establish a regular schedule of meetings which they must keep on file at the office of the secretary of state or the local clerk. For meetings outside of the regular schedule notice must be posted and provided to any news agencies who request at the same time that notice is sent to member of the public body. For emergency meetings, the body is required to notify any news media who have requested notification. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Ohio Open Meetings Law

The act requires that all public bodies develop a regular schedule of meetings that they must make accessible to the public. For special meetings, the public agencies must provide 24 hours notice to all media organizations who have requested it. Individuals and businesses may request and receive notice of meetings for a reasonable fee. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Oklahoma Open Meetings Act

The act requires all public bodies to establish a regular meeting schedule for each calender by December 15 of the previous year. Calenders of regular meetings must be filed with the Secretary of State for all state agencies and county and municipal clerks for all local bodies. Changes in regularly scheduled meetings require a 10 day notification to the secretary of state or clerk that holds the calender. In addition to the calender notice, all meetings require a 24 hour notice to be posted in the public agencies office 24 hours prior to the meeting. This notice must include an agenda which will limit the topics to be discussed at the meeting. Notice for reconvened meetings must be provided in the original meeting. Meetings that do not appear on the filed schedule require notice to be placed outside the main office 48 hours in advance of the meeting and be transmitted to all individuals and news agencies who request it. The act does allow emergency meetings in dire situations, provided that every attempt be made to notify the public. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Oregon Public Meetings Law

The act requires that all public bodies provide reasonable notice to the public for meetings. For special meetings, the act requires at least 24 hours notice to the public and any media outlets who have requested notice. Emergency meetings can be called with less than 24 hours notice provided that the minutes account for the emergency.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Pennsylvania Sunshine Act

Agencies are required to advertise and give the public notice of all meetings. They are required to give public notice of its first regular meeting of each calendar or fiscal year not less than three days in advance, including, place, time and date. They must then give public notice of the schedule of its remaining regular meetings.

An agency must give public notice, at least 24 hours before commencement time of the meeting, of each special meeting or each rescheduled regular or special meeting. In the case of an emergency meeting or a conference, public notice is not required. The company may provide public notice by either posting the notice outside their office or publishing it in a local newspaper. The public agency is required to provide notice to local media outlets who have requested notice of meetings. [1]

Professional licensing boards within the Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth must include each matter involving a proposal to revoke, suspend or restrict a license in the public notice.[2]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act
  2. Pennsylvania Sunshine Act

Rhode Island Open Meetings Act

All public bodies must provide written notice of their regularly scheduled meetings at the start of the calendar year. In addition, public bodies must provide 48 hours notice of all meetings, including the time and date of the meeting and an agenda. The agenda may be changed during the meeting with a majority vote, with the exception of school boards who may not change the agenda except for informative purposes. The agenda requirement shall not be construed so as to prevent the public body from addressing concerns the public raises during the meeting. Public bodies must post this notice outside their main place of meeting and school boards must post their notice in the local newspaper. Emergency meetings may be held with a majority vote of the public body, provided that notice be posted as soon as practicable and that the minutes of the meeting record the reason that the meeting had to be convened with less than 48 hours notice. [1]

South Carolina Open Meetings Law

The act requires all public bodies to post notice of their regular meetings at the start of each calendar year. The act also requires that the public body post an agenda 24 hours prior to the meeting. All rescheduled or special meetings require at least a 24 hour notice. Legislative committees are only required to post notice for weekly meetings during weeks of regular session. Public bodies are required to post notice in their main office and provide notice to any individuals or news agencies who have requested notification of public meetings. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

South Dakota Open Meetings Law

The act requires that all public bodies provide at least 24 hours notice, including the time and place of the meeting as well as an agenda. The public body must post notice in a prominent location at their main office and contact any news media who have requested to receive notice. [1]

Tennessee Open Meetings Law

The act requires all public bodies to provide adequate notice for all regularly scheduled and special meetings, but does not elaborate on the amount of time needed. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Texas Open Meetings Act

The governmental body must provide 72 hours notice including an agenda for all public meetings so as to allow the public to participate in discussions. The government body does not have to post notice if it reconvenes a meeting from a previously open session in the same day, so long as it provides adequate notice in the first meeting. In cases of emergency and catastrophe, a public body may convene a meeting without notice so long as it convenes it within 72 hours of the catastrophe, so long as the action is taken in good faith and the public body has contacted all news media outlets who have requested notification of emergency meetings. These notice provisions do not apply when a subject is raised by a member of the public at the meeting that was not expected or covered by the notice's explanation. Statewide agencies require notice to be posted 7 days prior to the meeting by the secretary of state. The notice of a legislative committee meeting is as provided by the rules of the house of representatives or of the senate. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Utah Open and Public Meetings Act

The act requires all bodies to provide 24 hours notice, including the time and place of the meeting and a proposed agenda. This notice must be posted in a conspicuous location in the public bodies main office and must be sent to a local newspaper and all media outlets who have requested notice. In addition, public bodies must schedule their regular meetings at least once per year. The act allows emergency meetings to be held with less than 24 hours notice assuming that every attempt has been made to contact the media and notify the public. [1]

Vermont Open Meetings Law

The act requires that all public bodies to post notice of their regularly scheduled meetings through the adoption of statutes or ordinances. Special meetings outside of those regularly scheduled by statute must be accompanied by 24 hours notice which must be posted in at least 3 locations within the jurisdiction of the public body. The act allows meetings to be reconvened without notice, provided that the next meeting is announced during the previous one. Public agencies are also required to send notice to all news agencies who have requested it.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Virginia Open Meetings Law

The act requires all public bodies to post notice of all meetings at least three working days prior to the meeting. For special or emergency meetings the act requires notification to be posted at the same time as the members of the public body are notified. The public body is also obligated to contact all individuals who have requested notification.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Washington Open Public Meetings Act

The act requires that all public bodies make notice of there regular schedule of meetings.[1] This schedule must be posted during or before January of each calendar year with the Washington state register.[2] Special or rescheduled meetings must include a 24 hour notice to be posted at the public bodies main office and delivered to all local media agencies. [3] Adjourned meetings may be rescheduled but also require notice to be posted 24 hours in advance. [4]

West Virginia Open Governmental Proceedings Act

The act requires all public bodies to develop their own policies regarding the announcement of regularly scheduled and special meetings so as to provide reasonable access to public meetings. The executive branch of the state is required to post its meetings 5 days in advance with the state register.[1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Wisconsin Open Meetings Law

Governmental bodies must give public notice of all meetings, showing the time, date, place (as accurately as possible) and subject matter of the meeting. If the body anticipates that part of the session will be closed they must indicate this along with the topics to be discussed in that session. The body must distribute and communicate the notice to the public, to those news media who have filed a written request for such notice, and to the official newspaper designated, if there is one. Otherwise, the body must communicate with whatever publication would involve the area's news or announcements.

The notice must be provided at least 24 hours before the beginning of the meeting unless this requirement is impossible or impractical. It cannot be provided less than two hours in advance of the meeting.

Any university of Wisconsin system institution or campus departments and a nonprofit corporation operating the Olympic ice training center do not have to abide by the above requirements, but they must provide meeting notice that will be able to reach people interested in what the meeting is about as well as news media who have filed written requests for a notice.

A governmental body that is a subunit of another governmental body does not have to give notice as stated above for a meeting with where members will be discussing or acting upon a matter that was the subject of the parent governmental body's meeting. The presiding officer of the parent governmental body shall publicly announce the time, place and subject matter of the meeting of the subunit in advance at the meeting of the parent body. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Wyoming Public Meeting Law

The act requires that all agencies develop their own rules and regulations regarding regular meetings, or make announcements regarding special meetings. Notice for special meetings must be provided to all local news agencies and specify the time and date of the meetings as well as a list of the topics to be discussed. Public bodies may recess meetings to a later time so long as they provide notice during the original meeting. Emergency meetings require all reasonable efforts to be made to provide public notice. Further, all actions taken at an emergency meeting are temporary and must be ratified at the next public meeting. [1]

  1. Cite error: Invalid <ref> tag; no text was provided for refs named act

Executive sessions:

Alabama Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other laws

Any meeting where a vote, discussion or action will be taken, excluding executive sessions, is open to the public.

Executive sessions

Executive sessions are not required, but may only be held in order to exclude public attendance from certain deliberations which include:

  • To discuss "the general reputation and character, physical condition, professional competence, or mental health of individuals" and to discuss the job performance or personal characteristics of certain public employees. Employees who are not considered under this exemption include elected and appointed officials as well as any official who must submit a statement of economic interests to the state.
  • Disciplinary or dismissal hearings and discussion of formal written complaints or charges brought against public employees, students and individuals who are subject to the control of a public agency.
  • Discussions that would fall under the attorney-client privilege. This exemption was established by judicial precedent, prior to inclusion within the law in Dunn v. Alabama State University Board of Trustees. For information on attorney-client privilege exemptions in other states see: Attorney-Client privilege lawsuits.
  • To discuss information, whose release would hamper the security of governmental bodies, individuals or state infrastructure.
  • To discuss information that would disclose the identity of an undercover law enforcement agent or informer or to discuss criminal investigations of a private individual or to discuss whether or not to file a criminal complaint.
  • To discuss the market value of real property, and proposed prices for purchase or sale, unless a member of the public agency has a personal interest in the proposed real estate venture.
  • To discuss preliminary negotiations involved when the governmental body is in competition with private individuals or entities or other governmental or to discuss matters of the character defined or described in the Alabama Trade Secrets Act.
  • To discuss strategy in preparation for union negotiations between the governmental body and a group of public employees.
  • To deliberate and discuss evidence or testimony presented during a case hearing and vote upon the outcome of the proceeding or hearing if the governmental body is acting as a quasi-judicial body. The body either votes upon its decision in an open meeting or issues a written decision which may be appealed to a hearing officer, an administrative board, court, or other body with authority to conduct a hearing or appeal of the public matter.

If the governmental body wishes to hold a public-excluded executive session, they must first convene an open meeting, then the body members may vote by majority to close it for the executive session. The body is not required to reconvene in open session but is required to announce if it plans to reconvene and approximately how long they will be in a closed session.[1]

Alaska Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police Information
Purchase or Sale of Property
Union Negotiations
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

All meetings where deliberation, voting or discussion is taking place must be open, unless the governmental body votes by a majority to make the meeting an executive session.

Executive sessions must be called open until a majority vote of the governmental body deems the content private. Subjects other than the ones mentioned at the motion calling cannot be opened at executive sessions unless they are related to the meeting's main question. Executive meetings are not for taking action, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations.

Executive sessions can be convened for the following topics:

  • information which would adversely affect public finances
  • subjects that would probably prejudice the reputation and character of any person
  • matters required to be confidential by law or municipal charter
  • matters that involve public records which are exempt from release. For information on this, see: Alaska Public Records Act. [1]

Arizona Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Minutes of executive sessions must include everything that public meetings include, except accurate descriptions of all legal actions proposed, discussed or taken, because these should not be conducted during executive sessions. However, the minutes of executive sessions are not open to the public but may be used in courts to determine if the material in question did fall under the executive session exemption.[1]1.01" />

Public bodies may hold private executive sessions when the public is not allowed to attend or listen to the discussions, and the public body is not permitted to take final action. Votes and polls are also forbidden during executive sessions.[2]

The only situations in which a public body may hold a closed executive session are when discussing:

  • Personnel (must provide 24 hours written notice to employee)
  • Records exempt by law from public inspection. For more information see: Arizona Public Records Law
  • Information that falls under the attorney-client privilege exemption. For more information on this exemption in other states see: Attorney-Client privilege lawsuits
  • And instructing its representative regarding labor negotiations
  • International, interstate, and tribal negotiations
  • Purchase, sale, or lease of real property.[2]

Arkansas Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police InformationYes.pngp
Purchase or Sale of Property
Union Negotiations
Licensing Exams/DecisionsYes.pngp
Exempt under other laws

Executive sessions are only permitted for the following reasons:

  • to consider employee evaluations, including potential employment, promotion, demotion, and discipline.
  • Only the board itself, the employee in quesiton and his or her supervisor and the top administrator of the department can be present at an executive session.
  • to prepare materials in order to apply for state and federal licenses
  • to discuss public water system security[1]

Voting cannot occur in executive session. All decisions made during executive session are required to come before the board and be voted on in an opened meeting.[1]

California Open Meeting Act

Brown act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/DecisionsYes.pngp
Exempt under other laws

A governmental body may close a meeting if the topics to be discussed are listed as exceptions in this act. They must still give special public notice and share agenda for the closed meeting. All actions taken and all votes in closed session must be publicly reported in writing or orally. They must provide copies of any contracts or settlements approved promptly.[1]

The only exceptions allowing governmental bodies to close a meeting are:

  • To discuss the appointment, employment, performance evaluation, discipline, complaints about or dismissal of a specific employee or potential employee. The employee can request that the meeting be public when charged or when complaints are brought against them. This exception does not include closing a meeting for general employment, independent contractors not functioning as employees, salaries, the performance of any elected official or member of the board, the local agency’s available funds or funding priorities or budget.
  • To discuss pending litigation that would otherwise prejudice the position of the agency if the discussion were public. The litigation must be provided on the public notice or announced in an open meeting unless doing this would jeopardize the board's ability to bring the litigation or charges to someone who has not had paper served to them yet or to conclude any current settlement negotiations to the advantage of the governmental body. For this exception to be valid, the governmental body must be one of the parties in the pending litigation, must expect to be sued based on certain specified facts, or expect to file suit.
  • To instruct the agency's labor negotiator on compensation issues. (Note: school districts are covered by the Rodda Act, which allows school boards to negotiate directly with the employee organizations, but provides controls that require them to keep the public informed of the issues under discussion).[2]
  • To discuss, with the agency's bargaining agent, price or payment terms for real properties. The parcel, negotiators and the prospective seller or purchaser must be identified on the agenda. Final price and payment terms must be disclosed when the actual lease or contract is discussed for approval.
  • To license applications for people with criminal records; threats to public services or facilities; insurance pooling.[1]

Legislative bodies are required to reconvene in open sessions after closed sessions and declare any decisions made in the closed sessions.

Bagley-Keene act

The Bagley-Keene act requires a 2/3rds vote to convene a closed session for any of the exemptions below. The vote must be taken in an opened meeting and the board must announce the topic to be discussed. The board can only discuss the topic announced during the closed session. The act also requires that the public body announce the results of any closed meeting when they reconvene after the closed meeting.

The only exceptions allowing governmental bodies to close a meeting are:

  • To discuss the appointment, employment, performance evaluation, discipline, complaints about or dismissal of a specific employee or potential employee.
  • To consider a confidential final draft audit.
  • To consider licensing applications
  • To determine parole cases
  • For the Alcoholic Beverage Control Appeals Board to hold a deliberative session
  • To discuss the purchase or sale of land with their negotiator
  • Eminent domain discussions
  • To consider the appointment of the executives of the Franchise Tax Board, California Postsecondary Education Commission, Council for Private Postsecondary and Vocational Education, State Board of Equalization
  • When the Franchise Tax Board or the State Board of Equalization is considering confidential tax returns
  • When the Corrections Standards Authority consider criminal records
  • When the State Air Resources Board considers information classified as trade secrets
  • The State Board of Education or the Superintendent of Public Instruction's discussion of testing materials
  • When the California Integrated Waste Management Board discusses trade secrets and tax information
  • For state bodies considering investment decisions
  • To discuss security related topics
  • For all meetings that qualify as attorney client privilege.
  • For the California Earthquake Prediction Evaluation Council to consult on emergency predictions
  • For the California Gambling Control Commission to discuss trade secrets [3]

Grunsky-Burton act

The act allows the legislature to convene in a closed session in the following situations:

  • To discuss the appointment, employment, performance evaluation, discipline, complaints about or dismissal of a specific employee or potential employee.
  • Matters that affect the safety of the members of the legislature
  • matters that fall under the attorney-client privilege in the following situations, which must be justified in a memorandum that is to be released:
  • If a lawsuit has been formally initiated
  • If a lawsuit against the legislative body is reasonably anticipated
  • If the legislative body is expecting to file a suit
  • To discuss real-estate purchases [4]
  • Caucuses of one political party may always meet in closed sessions. [5]

Colorado Sunshine Law for open meetings

Common Executive Session Exemptions
Personal Privacy(Including Employees)
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

The act allows for executive sessions to be called by a 2/3 vote within an open meeting to consider the following topics:

  • the purchase of sale or property
  • anything subject to the attorney-client privilege exemption
  • matters that are subject to state or federal statutes requiring concealment
  • labor negotiations
  • Discussions of employee dismissal, discipline, promotion, demotion, or compensation are open unless the employee specifically requests an executive session and is still subject to a vote by the board in question
  • security details
  • Discussions of any records exempted under the Colorado Open Records Act

The following exemptions only apply to state level public bodies:

  • University or hospital meetings that would jeopardize competition with other agencies
  • non-profit trade secrets discussions
  • University decisions to award honorary degrees and other awards
  • This exemption does not apply to elected or appointed officials
  • Parole board discussions[1]

Connecticut Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive sessions may be called to discuss the following matters:

  • To discuss public employees
  • To discuss pending claims and litigation
  • To discuss security information
  • To discuss planned purchase or sale of real estate, until all transactions have been completed
  • To discuss any records which are exempt under the Connecticut Freedom of Information Act[1]

The public body may only invite individuals who are needed to give testimony or provide opinions for the subject of the executive session. The attorney-client privilege is to be narrowly construed so as to only include the above justifications for calling an executive and no others [2]

No other business shall be considered at special meetings.

Delaware Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

There are exceptions to holding the open meeting law where a government entity may hold a closed session. These closed sessions are referred to as "Executive sessions and may occur for the following reasons:

  • Privacy is granted for meetings when discussing the qualifications for an individual applying for a job.
  • This does not count towards individuals who are applying for a license which must be approved by a public body.
  • First time discussions for buying property for public programs.
  • Information regarding the apprehension of a criminal.
  • Strategy meetings with lawyers.
  • Discussing the identity of lawful charitable contribution
  • Discussion of documents that have been defined as "not a public record" under the Delaware Freedom of Information Act.
  • Hearing student and employee disciplinary cases
  • Matters where an individual's competency are discussed.
  • Though those subject to the meeting may request that it be open.[1]

A executive session can be convened by a majority vote of members present at a meeting. This must happen at a public meeting where a closed session is recorded in the minute sessions. The purpose of such executive sessions are limited to public business but cannot be voted on at that time. [1]

Florida Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)
Attoreny-Client Priviledge/Litigation
Security/Police InformationYes.pngp
Purchase or Sale of Property
Union Negotiations
Licensing Exams/Decisions
Exempt under other laws

Any body may meet in private with the entity's attorney to discuss present and pending litigation as long as the entity's attorney will be advising the entity concerning settlement negotiations or strategy sessions related to litigation expenditures. The session must be recorded by a certified court reporter. This recording must be made available to the public as an open record at the conclusion of the pending litigation. The public body must still announce closed meetings. Executive sessions must begin at an open meeting. Upon entering the close session, the board must announce the estimated time of the private meeting, and the names of the people attending it. After the attorney-client session is over, the meeting must be reopened.[1]

Other exemptions to the open meetings act include:

  • Meetings involving security information
  • Negotiations with vendors [2]

Georgia Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

When a meeting of an agency is closed to the public the agency must provide the specific reasons and record them in the official minutes. The meeting may only be closed to the public by a vote of the present body and the minutes must record who voted which way. This part of the minutes must be available to the public, just as are all minutes. The only parts of the closed meeting that are not to be available to the public through minutes are the items that closed the meeting in the first place.

During a closed meeting the chairperson or other presiding person must take and file a notarized affidavit stating under oath that the subject matter indeed qualified the meeting to be closed. The reason must then be identified and this must be filed with the minutes. [1]

The exceptions that could close a meeting after a public body's vote:

  • Staff meetings held for investigative purposes under duties or responsibilities imposed by law
  • The deliberations, voting, or receiving of information or evidence of the State Board of Pardons and Paroles
  • Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings
  • County commission meetings must be open to the public unless personnel matters will be discussed.
  • Meetings when any agency is discussing the future acquisition of real estate
  • Meetings of the governing authority of a public hospital or any related committee when discussing the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law
  • Meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee but not when receiving evidence or hearing argument on charges. Any votes on this must be taken in public.
  • "Adoptions and proceedings related thereto"
  • Meetings of the board of trustees or the investment committee of any public retirement system created by Title 47 when such board or committee is discussing investment securities trading or investment portfolio positions and composition
  • Meetings when discussing any records that are exempt from public inspection or disclosure
  • Meetings between the public body and its attorney that are sensitive and timely enough to be closed
  • Meetings about tax matters which are otherwise made confidential by state law.[2]

Agencies also reserve the right to close meetings in order to discuss matters that are subject to attorney-client privilege exemption, when the agency is faced with pending or potential litigation or claims. [3]

Hawaii Sunshine Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of Property
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

A board can hold a meeting closed to the public after taking an affirmative 2/3 vote of present members at an open meeting, where they must announce the purpose of the closed meeting. This is only possible if the affirmative vote constitutes a majority of all board members. A meeting closed to the public must be limited to the following matters:

  • To consider personal information for applicants and employees
  • Labor negotiations
  • To consult with attorneys
  • To investigate criminal misconduct
  • When discussing sfety matters
  • When discussing private donations
  • To discuss information exempt by federal law [1]

Limited meetings

The act permits public bodies to call close meetings if they deem that the location of the meeting is not safe to open the meeting up to the public. The board must elect to hold a limited meeting with a 2/3 vote at an open meeting. It must announce the limited meeting and records the entire meeting. The recording must be made available to the public. The board is not permitted to make any decisions at the meeting. [1]

Idaho Open Meeting Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police Information
Purchase or Sale of Property
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive sessions must be convened from a regular open meeting and must be voted in by a 2/3 majority. Executive sessions can only be called for the following reasons:

  • Hiring, discipline and termination of public employees
  • Labor negotiations
  • To consider records that are exempt under the Idaho Public Records Act
  • To protect trade secrets where the governing body is in economic competition
  • For cases involving the attorney-client privilege when the public agency expects or is currently under pending litigation.
  • These boards may convene at executive session at any time:
  • commission of pardons and parole
  • sexual offender classification board
  • custody review board of the Idaho department of juvenile corrections
  • To communicate with the agencies insurance risk managers

The act prevents decisions from being made in executive sessions.

Illinois Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/DecisionsYes.pngp
Exempt under other laws

No final action may be taken during an executive sessions. A public body can hold closed executive session with a majority of vote for the following reasons:

  • The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity.
  • Negotiating matters such as salary, the buying or selling of public land, the buying or selling of security or investment contracts, anything related to individual students that would harm if publicly disclosed, selection of a person to fill a vacancy in a public office when the body has that power, sensitive evidence from a pending case, matters related to the Prisoner Review Board, informant sources, deliberations of the State Emergency Medical Services Disciplinary Review Board, complaints of discrimination, discussing electricity or natural gas contracts, and security procedures.
  • Sensitive material related to pending litigation
  • The establishment of reserves or settlement of claims if it would prejudiced if publicly disclosed.
  • Professional ethics or performance when considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.
  • Self evaluation when a statewide entity is present.
  • The recruitment, credentialing, discipline or formal peer review of physicians or other health care professionals for a hospital, or other institution providing medical care, that is operated by the public body.
  • Discussion of confidential matters, of meeting minutes for approval by the body or semi‑annual review, and of applications received under the Experimental Organ Transplantation Procedures Act.
  • Meetings where a team would be determining assault or wrongful death at a residential health care facility.[1]

Periodically, a public body must convene and determine if the material and minutes of executive sessions still required confidentiality. If not, the public body is obligated to open those records to the public. [1]

Indiana Open Door Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/DecisionsYes.pngp
Exempt under other lawsYes.pngp

Final action cannot be taken at an executive sessions. Executive sessions may be held for the following reasons:

  • permitted by federal or state statute
  • Collective bargaining strategy
  • Litigation strategy and the attorney client privilege
  • security discussions
  • purchase or sale of property
  • industrial or commercial prospects
  • Interviewing potential employees or considering their application files
  • To discuss complaints and discipline of current employees
  • To discuss records exempted under the Indiana Access to Public Records Act
  • To train school board members
  • To prepare or grade licensing examinations[1]<

Iowa Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/DecisionsYes.pngp
Exempt under other lawsYes.pngp

No final action can be taken during a closed session. The act requires that detailed minutes and a audio recording be taken of every executive session, for the purposes of trial discovery in the instance that the executive session is questioned. A governmental body may hold an executive session, with a 2/3 vote of the body, to discuss the following topics:

  • records exempted under the Iowa Open Records Law
  • Patent applications
  • litigation strategy and items that fall under attorney-client privilege
  • licensing examinations and applications
  • student hearings
  • current law enforcement investigations
  • when considering hiring, firing, disciplining or promoting public employees in order to protect the character of the individuals
  • the purchase or sale of real estate [1]

Kansas Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other laws

The act allows for government agencies to recess into closed session with a vote by a majority of the members of the body present. The body may recess but must reconvene in open session after the closed session. No final action can be taken in an executive session. Executive closed sessions can be held for the following reasons:

  • to discuss personal information of non-elected individuals
  • attorney-client privilege consultation
  • Labor negotiations
  • when discussing trade secrets
  • matters relating to students or patients at state institutions
  • property acquisitions
  • boards dealing with Parimutuel Racing may convene in private sessions
  • when discussing minors
  • meetings of the child-death review board
  • meetings of the workers compensation council
  • meetings of the drug utilization review board
  • tribal state gaming pact meetings
  • security matters
  • Child Care Licensing hearings
  • certain meetings of the Kansas insurance inspector generals office [1]

Kentucky Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive sessions can be called by a majority vote of the public body in an open session. No final action can be taken at an executive session. [1] Closed meetings can be held for the following reasons:

  • Kentucky Parole Board deliberations
  • when considering sale or purchase of property when publicity would affect the value
  • pending litigation strategy and attorney-client privilege
  • Grand and petit jury sessions;
  • Collective bargaining negotiations
  • Discussions of the appointment, discipline, or dismissal of an individual employee, member, or student. The individual however, may request a public trial.
  • Discussions with commercial prospects
  • State and local cabinet meetings and executive cabinet meetings;
  • Committees of the General Assembly other than standing committees;
  • Deliberations of judicial or quasi-judicial bodies when the individual being discussed is not part of any governmental agency. This exemption does not include any meetings of planning commissions, zoning commissions, or boards of adjustment.
  • Meetings exempted by federal or other state laws
  • Meetings which the Constitution provides shall be held in secret
  • Meetings discussing records exempt under the Kentucky Open Records Act[2]

Louisiana Open Meeting Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police InformationYes.pngp
Purchase or Sale of Property
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other laws

A public agency may hold an executive session with a 2/3 vote of the board members present. Executive sessions are limited to the following topics:

  • Discussion of the character, professional competence, or physical/mental health of an individual.The individual must be contacted 24 hours in advance and may wave the right of executive sessions. This exemption does not apply to discussions of the character of an individual who is to be appointed to a position by the public body.
  • Collective bargaining strategy or litigation strategy, especially with regard to matters that fall under attorney-client privilege
  • Security information
  • allegations of employee misconduct
  • Cases of major disaster
  • Meetings of the State Mineral Board
  • Discussions between a school board and individual students, parents, and/or tutors. THe individuals involved may request a public meeting
  • Any other matters now provided for or may be provided for by the legislature.

The state legislature may also convene executive sessions for the following reasons:

  • discussing confidential communication
  • Discussion of the character, professional competence, or physical/mental health of an individual who is being considered for appointment approval or employment
  • investigations conducted by the legislature
  • discussion of the internal operations of either house
  • any other exemptions provided for by the rules of the legislature

Maine Open Meeting Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/DecisionsYes.pngp
Exempt under other lawsYes.pngp

Executive sessions may be called with a 3/5 vote of the members present. No final decision can occur within an executive session. Executive sessions can only be called for the following reasons:

  • discussion of employment, promotion, evauluation, discipline or resignation of an individual regarding public employment if:
  • if open discussion would violate a persons right to privacy
  • the person is present, if they desire
  • the person has not requested that the hearing be conducted in open meetings
  • the person who has brought any allegations against an individual is permitted to be present
  • discussions of a school board considering the expulsion of a student, provided that the parents and legal counsel of the student are present.
  • The purchase or sale of property
  • Labor negotiations
  • information that falls under the attorney-client privilege
  • when discussing records exempted by the Maine Freedom of Access Act
  • discussions of license examinations
  • discussions of pending litigation within the district court[1]

Maryland Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/DecisionsYes.pngp
Exempt under other laws

Public bodies may meet in closed session, with a majority vote from the members present, for the following reasons:

  • Personnel matters that include, among other things, discussions of employment, termination, complaints, and promotion
  • Protect individual privacy, when not related to public business
  • when considering the purchase or sale of properties
  • business proposals
  • investment and marketing of public funds
  • Attorney-client privilege and consultations on pending litigation
  • collective bargaining
  • to discuss security measures
  • to discuss and administer licensing and qualifying exams
  • conducting investigations on criminal misconduct
  • comply with a judicial order
  • Bid proposal strategy[1]

Massachusetts Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other laws

The act allows for public bodies to convene executive sessions with a majority vote within an open meeting. Executive sessions may be held for the following purposes:

  • To discuss the reputation, character, physical condition or mental health of an individual, when not considering professional competencies. The board must contact this person prior to the meeting, and that person may request an open meeting.
  • To hear complaints and consider discipline of public employees, assuming that the public employees have not waived their right to a closed session by requesting an open meeting.
  • collective bargaining strategy
  • security information
  • allegations of criminal misconduct or to file complaints
  • when considering purchasing or selling real estate[1]

Local bodies have the additional exemptions:

  • to consider applicants
  • to meet or confer with a mediator
  • to discuss trade secrets [2]

Michigan Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive sessions may be called by a 2/3 vote of the public body for the following reasons:

  • discipline and complaints of public employees
  • discipline of a student
  • collective bargaining negotiations
  • purchase or sale of property
  • Attorney-client confidentiality with regard to pending litigation
  • applications
  • single party caucuses of the state legislature
  • to consider records exempt by the Michigan Freedom of Information Act or federal law
  • reviewing applicants for university presidents [1]

Minnesota Open Meeting Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other laws

Public agencies may close a meeting to discuss the following subjects:

  • performance evaluations
  • attorney-client privilege material
  • security information
  • to discuss the purchase, sale, or appraisal of property
  • Public property discussions must be recorded and the record preserved for 8 years. The record must be released after all transactions are complete

All activity within executive sessions must be approved within open sessions.[1]

Classified date

Meetings must be closed to discuss the following data:

  • data revealing victims of sexual or physical crimes and domestic abuse
  • active investigation data
  • health, medical, student and welfare data
  • medical records
  • charges against public employees

Labor negotiations

Any public body may convene an executive session to discuss strategies for labor negotiations. The list of all individuals attending the meeting must be made available to the public immediately after the meeting. The meeting must be recorded and any record of the meeting must be released upon the completion of the negotiation. Records must be kept for two years after the contract is signed. The court may also examine these records to determine if a violation of this law occurred. [2]

Mississippi Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/DecisionsYes.pngp
Exempt under other lawsYes.pngp

All public bodies may convene executive sessions with a 3/5 vote of those members present. Executive sessions can be held for the following reasons:

  • business and discussions relating to the job performance or character of a public employee
  • Litigation strategy and information that would fall under the attorney-client privilege
  • discussion of security matters
  • investigations
  • bodies within the Legislature for any reason
  • when dealing with information that could cause harm to an individual or property
  • discussing the purchase or sale of land
  • discussions with students or parents of students
  • test preparation for licensing examinations
  • discussions of the relocation or expansion of a business
  • line item budget items that result in the termination of an employee
  • discussing records exempt under the Mississippi Public Records Act [1]

Missouri Sunshine Law for open meetings

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive sessions require a majority vote of the members of a public body. Executive sessions can be called for the following reasons:

  • To discuss potential or pending litigation including all material that would fall under the attorney-client privilege, until the litigation is concluded
  • purchase or sale of property until the contract is completed
  • hiring firing or discipline of a public employee
  • Any decisions arrived at under this exception must be posted within 72 hours with a complete roll call vote
  • State militia or national guard may convene in closed session at any time
  • Nonjudicial mental or physical health hearings
  • hearings related to students
  • discussion of testing and examination materials
  • welfare cases
  • labor negotiations
  • software information, specifically access codes
  • preliminary discussions of bid specifications
  • sealed bids, until opened
  • applicant information and the names of donors
  • discussing records protected by the Missouri Sunshine Law
  • discussion of scientific or technological information in order to protect trade secrets
  • discussion of criminal and abuse hot-lines
  • communication with the public agencies auditor
  • when discussing terrorist or emergency response protocols
  • when discussing security information
  • when discussing computer and electronic security information
  • to protect information about electronic transactions such as security codes, credit card numbers, etc. [1]

Montana Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of Property
Union Negotiations
Licensing Exams/Decisions
Exempt under other laws

The act permits the chairperson to close an open session for a number of reasons, including:

  • To discuss matters of a personal nature, assuming the individual in question has not waived his right to privacy
  • for materials associated with the attorney-client privilege, in order to discuss pending litigation, this exemption does not apply to litigation between public agencies
  • Courts may close meetings for judicial deliberations [1]

Nebraska Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police InformationYes.pngp
Purchase or Sale of Property
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other laws

As of February 12, 1992, the Attorney General mandated that those committees of faculty, administration and students that the Board of Regents of the University of Nebraska created to advise the Chancellor of the University in his administrative and management duties, with respect to budget cuts, were part of the management structure of the University. This means the meetings of these advisory committees are not public bodies subject to the open meetings statutes.[1]

Any public body may convene a close session to either protect public interest or the personal information of an individual. A closed session requires a majority vote by the members of the board present at the meeting. The public body must return to open sessions before taking any actions or votes. Executive sessions can be called for the following reasons, but are not limited to these reasons:

  • collective bargaining strategy and litigation strategy, especially with regard to material that would fall under the attorney client privilege
  • Security information
  • criminal misconduct investigations
  • job performance evaluations [2]

Nevada Open Meeting Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police Information
Purchase or Sale of Property
Union Negotiations
Licensing Exams/DecisionsYes.pngp
Exempt under other laws

A public body may hold a closed meeting with a majority vote for only the following reasons:

  • "To consider the character, alleged misconduct, professional competence, or physical or mental health of a person", assuming that the person has not waived his right to a closed session[1]
  • This does not apply to elected or appointed officials
  • To discuss examination materials
  • To consider an appeal by a person of the results of an examination

This chapter does not prevent the removal of disruptive individuals, the exclusion of witnesses during other witnesses testimony or require any meetings to be closed. [1]

New Hampshire Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/Decisions
Exempt under other laws

Executive sessions can be called by a majority vote to discuss the following topics:

  • dismissal, promotion or compensation of public employees including investigations and disciplinary hearings assuming that the individual in question has not requested an open meeting
  • hiring discussions
  • matters that would adversely affect the reputation of an individual
  • sale or purchase of property
  • information that would fall under attorney-client privilege exemptions concerning pending litigation
  • applications for the adult parole board
  • security information
  • to protect trade secrets of applicants[1]

Decisions made during executive session require a 2/3 vote and must be made public within 72 hours of the close of the meeting.[1]

New Jersey Open Public Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/DecisionsYes.pngp
Exempt under other lawsYes.pngp

The public body may hold closed executive sessions with a majority vote for the following reasons:

  • any information which is exempt under the New Jersey Open Public Records Act or any other state or federal statute
  • any matter that would impair the ability to receive federal funds
  • any disclosure that would result in an unwarranted invasion of privacy
  • Collective bargaining information
  • discussions of the purchase or sale of property
  • security information
  • discussions of pending or anticipated litigation that would fall under the attorney client privilege
  • matters involving employment or termination of employees, including disciplinary hearings unless the individual requests a public meeting
  • licensing or permit discussions, including the assessment of civil penalties[1]

New Mexico Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/DecisionsYes.pngp
Exempt under other laws

Public bodies may hold closed meetings in executive session with a majority vote within an open meeting for the following reasons:

  • meetings relating to licensing
  • personal matters related to hiring, promotion, discipline and dismissal
  • when acting in a quasi-judicial capacity
  • when discussing personally identifiable student information
  • collective bargaining strategy and negotiation
  • discussions of purchases of single items exceeding $2500
  • information subject to attorney-client privilege concerning pending litigation
  • discussion of the purchase or sale of property
  • meetings of public hospitals that would release important trade secrets
  • information exempt under the Gaming Control Act [1]

New York Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/DecisionsYes.pngp
Exempt under other laws

An executive session may be called by a majority vote for the following reasons:

  • matters which would harm public safety
  • information that would disclose law enforcement agents and informants
  • investigation information
  • litigation discussions, including any material that would fall under attorney-client privilege
  • collective negotiations
  • personal information, including medical and credit history when being used within discussions of employment, promotion, discipline or removal
  • preparation or grading of exams
  • sale or purchase of property

No final action can be taken during an executive session. [1]

North Carolina Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of Property
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive sessions can be called by a majority vote in an open meeting for the following purposes:

  • to prevent disclosure of information exempt under the North Carolina Public Records Law and federal statutes
  • to prevent premature disclosure of honorary awards and degrees
  • for any exemption associated with the attorney-client privilege
  • to discuss the location or expansion of local industries
  • contract negotiation planning with regard to employees and business contracts with the public body
  • to consider qualifications, performance or character of an employee or potential employee or to consider disciplinary complaints of public employees
  • for investigations of alleged misconduct
  • to develop emergency response plans for school violence
  • to discuss public safety and security measures [1]

North Dakota Open Meetings Statute

Common Executive Session Exemptions
Personal Privacy(Including Employees)
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of Property
Union Negotiations
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive closed sessions can be held with a majority vote for the following reasons:

  • Anything falling within the attorney-client privilege, until the completion of the trial and appeal process
  • to discuss records exempt under the North Dakota Open Records Statute
  • to sequester bidders in a closed bidding session

An audio recording of all executive sessions must be maintained and released for judicial purposes. No final action can be taken during an executive session and the topics of the executive session are limited to the reasons provided for calling the executive session. [1]

Ohio Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Public bodies my call closed executive sessions with a majority roll call vote for the following reasons:

  • to consider matters relating to public employees, specifically employment, discipline and complaints unless the employee requests a public hearing
  • to consider the purchase or sale of property
  • matters that fall under the attorney-client privilege
  • labor negotiations
  • discussing information that is exempt under the Ohio Open Records Law or federal statute
  • security information
  • to consider hospital trade secrets[1]

Oklahoma Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive sessions may be called by a majority vote for the following reasons:

  • discussions of employment, promotion, and disciplining of a public employee
  • labor negotiations
  • purchase or appraisal of properties
  • attorney-client privilege concerning pending litigation
  • Board of Education discussions of student discipline
  • discussing matters involving handicapped children
  • Any matter which is exempt under the Oklahoma Open Records Act or federal statute

The following boards may hold executive sessions at any time:

  • The State Banking Board
  • The Oklahoma Industrial Finance Authority
  • The Oklahoma Development Finance Authority
  • The Oklahoma Center for the Advancement of Science and Technology
  • The Oklahoma Savings and Loan Board
  • The Oklahoma Health Resource Committee, to discuss research and development of products
  • Review Committees to propose changes in neighborhood renewal and economic development
  • The Child Death Review Board
  • All nonprofit foundations
  • The Oklahoma Indigent Defense System Board, in order to further contract negotiations with public defenders

No final action may be taken during an executive session, unless compelled to by federal law.[1]

Oregon Public Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/DecisionsYes.pngp
Exempt under other lawsYes.pngp

Governing bodies may hold executive sessions for the following reasons:

  • to consider employment
  • dismissal or disciplinary hearings
  • labor negotiation strategy
  • property negotiation strategy
  • to consider records exempt under the Oregon Public Records Law
  • for business in which the public body is in competition with other organizations
  • matters relating to attorney-client privilege and pending litigation
  • to evaluate employee performance
  • negotiations related to the exchange of public investments
  • licensing meetings of health professional regulation boards
  • State Landscape Architect Board to consider investigation information
  • security information[1]

News media should be allowed to attend executive sessions, with the exception of labor negotiations and discussing litigation relating to news agencies, so long as they agree to keep certain information confidential per the request of the public body. No final actions may be taken during an executive session. [1]

Pennsylvania Sunshine Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive closed meetings can only be called for the following reasons:

  • Discussions of matters involving employment or performance of officers or employees of the agency, provided that any affected individual is given the opportunity to request, in writing, that the meeting be held in public.
  • Meetings involving collective bargaining, labor relations, and arbitration.
  • To consider the purchase or lease of real property.
  • matters falling under the attorney-client privilege regarding litigation or issues where an identifiable complaint is expected to be filed.
  • To discuss agency business which, if discussed in public, would lead to the disclosure of information protected by law, including ongoing investigations and information exempt under the Pennsylvania Right to Know Law.
  • To discuss matters of academic standing or admission at state schools

Executive sessions may be held during an open meeting, at the conclusion of an open meeting, or announced for a future time. Prior to convening an executive session, the agency must announce with proper specificity the purpose of the executive session. If the session is not for a future time, the members of the agency must be notified of the session 24 hours in advance. [1]

Rhode Island Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other laws

A public body may convene an executive closed session with a majority vote for the following reasons:

  • discussions of job performance, character, or physical or mental health of a person, assuming the person has not waived his right to a closed trial
  • collective bargaining or litigation and other exemptions falling under the attorney-client privilege
  • security information
  • investigations or allegations of misconduct
  • to discuss the purchase or sale of property
  • to discuss the investment of public funds
  • in order to protect the privacy of students
  • hearings or grievances that came about as a result of the collective bargaining agreements
  • library donor information [1]

Any vote taken during an executive session must be announced upon reconvening in open session, provided that the announcement does not jeopardize the intention of the closed session. [2]

South Carolina Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/Decisions
Exempt under other laws

Public bodies may hold executive sessions with a majority vote for the following reasons:

  • to discuss employment, promotion, discipline or termination of an employee or student at a state institution
  • negotiations with regard to labor contracts or the sale or purchase of property including any information that falls under the attorney-client privilege regarding pending litigation
  • security information
  • investigations of alleged misconduct
  • proposed location or expansion of industry in order to protect trade secrets
  • Retirement System Investment Commission for purposes pursuant to Section 9-16-80(A) or 9-16-320(C) of the state code

No final action can be taken during an executive session.[1]

South Dakota Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of Property
Union Negotiations
Licensing Exams/Decisions
Exempt under other laws

Executive closed sessions may be held with a majority vote for the following reasons:

  • when discussing the qualifications, character and fitness of any potential or current employee for a position
  • discussing the discipline of a student
  • matters that fall under the attorney-client privilege
  • contract negotiations
  • to discuss marketing or pricing strategies the release of which would put the public body at a competitive disadvantage

No final action can be taken during a closed session.[1]

Tennessee Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of Property
Union Negotiations
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

The only executive sessions the act mentions are designed to protect attorney-client privilege, exemptions under federal law and doctor patient confidentiality.

Texas Open Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/DecisionsYes.pngp
Exempt under other laws

Executive sessions can be called within an open meeting for the following reasons:

  • For matters falling under the attorney-client privilege about pending or contemplated litigation or a settlement offer. It is also permissible to close the meeting if the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the act.
  • To discuss the purchase or sale of property
  • County commissioners courts of a county with a population of at least 400,000 and the Texas Facilities Commission when discussing contract negotiations
  • to discuss prospective gifts or donations
  • to discuss "appointment, employment, evaluation, reassignment, duties, discipline, or dismissal" of a public officer, employee or advisory board member, or to hear complaints about employment
  • The board of trustees of the Texas growth fund can hold a closed meeting to receive information from the employees of the Texas growth fund or a third party relating to an investment or a potential investment by the Texas growth fund in a private business entity.
  • security information
  • to discuss business information collected from potential local businesses
  • to discuss examination information [1]

No final action can be taken during a closed session. All closed cessions must have a certified agenda and record the entirety of the meeting using audio recording equipment. The record must be retained for two years and made available to the courts should a trial come about because of the meeting. [1]

Executive sessions

Executive session is a meeting where governing boards or legislative bodies are said to be engaged in executive business. Executive business can be hiring or firing discussions, contract negotiations, or other strategic discussions.

These meetings can be open to the public though usually they cannot participate. Executive sessions in regards to local bodies or smaller organizations often are closed door, forbidding the public from attending the meeting or restricting access to those records.

Executive sessions are designed to protect individual members of the board from public rancor over their specific input. In most deliberative bodies, individual members sometimes need the freedom to speak their minds, or engage in sensitive topics without being individually target-able by the public. Despite this need, the final results or decisions by the board at large are always subject to public scrutiny.

Utah Open and Public Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other laws

Executive sessions can be held with a 2/3 vote for the following reasons [1]:

  • "discussion of the character, professional competence, or physical or mental health of an individual"
  • Collective bargaining strategy
  • litigation strategy and the attorney-client privilege
  • to discuss the purchase or sale of property
  • security information
  • investigations of criminal misconduct
  • discussing commercial information and trade secrets [2]

No final action can be taken during an executive session. [1] The act requires that the public body takes detailed minutes and makes an audio recording of all closed sessions. The minutes and recordings may be requested by the courts for in camera reviews if the validity of the closed meeting is called into question. [3]

Vermont Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/Litigation
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/Decisions
Exempt under other lawsYes.pngp

Executive sessions may be called with a 2/3 vote for the following reasons:

  • labor negotiations and contracts
  • negotiating the sale or purchase of property
  • employment or evaluation of a public employee
  • disciplinary action against a public employee
  • to prevent clear and eminent peril to the public
  • to discuss matters exempt under the Vermont Public Records Law
  • student academic records or discipline
  • to hear testimony in parole proceedings
  • information protected by federal law

No final action may be taken during an executive session. [1]

Virginia Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/DecisionsYes.pngp
Exempt under other lawsYes.pngp

A public body may convene a closed executive session with a majority of the vote for the following reasons[1]:

  • discussions of employment, employment conditions, discipline and resignation of public employees
  • discussions of student records
  • the purchase or sale of property
  • to protect the privacy of individuals and businesses
  • to discuss prospective or expanding business potentials
  • investment of public funds, where release would involve a loss of competitive edge
  • matters relating to attorney-client privilege
  • for visiting foreign boards and dignitaries to state universities
  • for discussion of specific gifts receive by the Virginia Museum of Fine Arts, the Virginia Museum of Natural History, and The Science Museum of Virginia
  • to discuss honorary degrees or special awards
  • discussions of examinations
  • disciplinary actions in the House or Senate
  • Hazardous waste citing agreements
  • Discussions with the governor on economic forecasts
  • discussions of medical or mental records
  • licensing and appeal action by the State Lottery Board
  • anything that would identify police informants
  • safety and security information
  • State Child Fatality Review meetings discussing the death of a particular child
  • The University of Virginia Medical Center or Eastern Virginia Medical School may close to discuss proprietary information
  • The Health Practitioners' Monitoring Program Committee within the Department of Health Professions when discussing an impaired physician
  • Board of the Virginia College Savings Plan when discussing participants in the program
  • Wireless Carrier E-911 Cost Recovery Subcommittee concerning trade secrets
  • Department of Professional and Occupational Regulation, Department of Health Professions, or the Board of Accountancy when conducting disciplinary hearings
  • discussing matters exempt under the Virginia Freedom of Information Act
  • discussions of awarding a contract, where the release of the information would negativle impact the contract negotiations
  • discussing grant or loan applications
  • any discussions of confidential trade secrets
  • State Board of Elections when discussing voting security
  • Discussions of Forensic Science Board or the Scientific Advisory Committee
  • Brown v. Board of Education Scholarship Program Awards Committee when discussing student records or scholarship amounts [2]

No final action can be taken during closed session.[1]

Washington Open Public Meetings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/Decisions
Exempt under other laws

A public body may convene an executive session, including an announcement for the conclusion of the executive session, for the following reasons:

  • matters relating to security
  • to discuss the price and site selection of real estate when considering purchase or sale
  • negotiations for publicly bid contracts
  • to consider financial or commercial information to protect trade secrets
  • to evaluate complaints brought against a public employee
  • to evaluate applicant or appointee qualifications
  • matters relating to issues that fall under the attorney-client privilege
  • to protect library trade secrets
  • state investment boards and pension agencies, when considering investment strategies
  • to consider other proprietary and trade secret information
  • grant applications[1]

West Virginia Open Governmental Proceedings Act

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/DecisionsYes.pngp
Exempt under other lawsYes.pngp

Public bodies can convene executive sessions with a majority vote for the following reasons:

  • to consider acts of war or civil insurrection
  • to consider employment, discipline, termination or resignation of public employees, unless the public employee requests an open meeting
  • hearings on complaints against public employees
  • student disciplinary hearings
  • to issue, suspend or deny a license
  • when discussing the physical or mental health of a person
  • any materials whose disclosure would result in an unwarranted invasion of privacy
  • investigation materials
  • to discuss the purchase or sale of property
  • to avoid premature disclosure of awards
  • to discuss pending settlements
  • the act limits the attorney-client privilege to only pending litigation and settlements and not any occasion at which the attorney is present

Wisconsin Open Meetings Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police Information
Purchase or Sale of PropertyYes.pngp
Union Negotiations
Licensing Exams/DecisionsYes.pngp
Exempt under other laws

Any meeting of a governmental body can be closed after a motion if the rules for executive sessions apply. The motion must be recorded in the minutes and the chief presiding officer must announce the nature of the business that will be conducted and the specific exemption that allows for the closing. Only the information that the chief presiding officer announced may be discussed in the closed session. The only exemptions that allow a governmental body to close a session are:

  • Deliberation concerning a case the body heard.
  • Consideration of dismissal, demotion, licensing, , promotion, compensation, performance evaluation data , investigation, denial of tenure or discipline of any public employee or person licensed by a board or commission. This includes taking formal action on any matters like these. The person in question must be informed about it and may request an open session, it must be opened.
  • Consideration of specific applications of probation or parole, or consideration of strategy for crime detection or prevention.
  • Deliberation or negotiation of purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session.
  • Deliberation by the council on unemployment compensation in a meeting without any present employer or employee members of the council.
  • Deliberating by the council on worker's compensation in a meeting without any present employer or employee members of the council.
  • Deliberation the disposition of human remains when speaking about the burial site or when discussing the location with the public would result in the site’s disturbance.
  • Consideration of financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific people because discussing these points in public would likely substantially harm the reputations of anyone named in the meeting.
  • Meeting the governmental body’s legal counsel when he or she is giving oral or written advice about strategy that the body will adopt with respect to litigation with which the body is or will like be involved.
  • Consideration of requests for confidential written advice from the ethics board or from any county or municipal ethics board.

Considering any and all matters related to acts by which, if discussed in public, could harm the business, its employees or former employees.

  • Consideration of financial information relating to a non-authority person’s support of a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3), if the information is exempt from disclosure under s. 42.115 or would be so exempt were the information to be contained in a record. In this paragraph, "authority" and "record" have the meanings given under s. 19.32.

Governmental bodies cannot commence a meeting, then close it and thereafter open it within 12 hours of the completed closed session, unless this expected process has been provided to the public in the manner that this law requires.

Under no circumstances is the governmental body authorized to consider at a closed meeting the final ratification or approval of a collective bargaining agreement for employment peace, municipal employment relations, state employment labor relations, which has been negotiated by such body or on its behalf.[1]

Legislative meetings

For the senate and assembly and the committees, subcommittees and other subunits thereof:

  • The public notice section of this law does not apply to any meeting of the legislature or its subunits when it is called solely to schedule the business before them, or to adopt resolutions with the sole purpose of scheduling business before the senate or the assembly.
  • If any part of this law conflicts with laws for legislative procedure, it does not apply to the senate or general assembly.
  • This law does not apply to any partisan caucus of the senate or any partisan caucus of the assembly, except as the legislative rule provides.
  • This law does not apply to meetings of the senate or assembly committee on organization under the “Persons qualified to examine returns for specific purposes” statute (71.78(4)(c)) or the “administrative provisions” statute (77.61).[1]

Wyoming Public Meeting Law

Common Executive Session Exemptions
Personal Privacy(Including Employees)Yes.pngp
Attoreny-Client Priviledge/LitigationYes.pngp
Security/Police InformationYes.pngp
Purchase or Sale of PropertyYes.pngp
Union NegotiationsYes.pngp
Licensing Exams/DecisionsYes.pngp
Exempt under other lawsYes.pngp

Executive sessions may be called for the following purposes:

  • matters relating to attorney-client privilege
  • to consider appointment, employment, and dismissal of employees, or to hear complaints brought against public employees
  • pending or proposed litigation
  • security
  • preparing or grading license examinations
  • when discussing the parole of an individual
  • the purchase or sale of real estate
  • to consider the acceptance of donations
  • to discuss information classified by the Wyoming Sunshine Law or federal statute
  • labor negotiations
  • to consider student disciplinary hearings

Minutes of executive sessions are to be recorded and released only for the purposes of an in camera review in court.

blog comments powered by Disqus