Closing an Open Meeting

The Law

If any meeting is closed pursuant to the exclusions contained in Subsection H of this section, the closure: 

• If made in an open meeting, shall be approved by a majority vote of a quorum of the policymaking body; the authority for the closure and the subject to be discussed shall be stated with reasonable specificity in the motion calling for the vote on a closed meeting; the vote shall be taken in an open meeting; and the vote of each individual member shall be recorded in the minutes. Only those subjects announced or voted upon prior to closure by the policymaking body may be discussed in a closed meeting.

Commentary
The agenda of a meeting of a public body normally covers various topics, some of which may fall within the enumerated exceptions to the open meeting requirement of the Act. When an item is presented for discussion that may be considered in closed session, a motion for closure must be made by a member of the public body stating the authority for closure and the reason for closing the meeting with reasonable specificity. The subject announced will comply with the “reasonable specificity” requirement if it provides sufficient information to give the public a general idea about what will be discussed without compromising the confidentiality conferred by the exception. For example, a motion might be stated:  “I move that the commission convene in closed session as authorized by the limited personnel matters exception to discuss possible disciplinary action against an employee.” Or, “I move that the board discuss the case of X vs. The County with the board’s attorney in executive session as authorized by Section 10-15-1(H)(7) of the Open Meetings Act.” 

A roll call vote of the members present must be taken on the motion and the vote of each individual member recorded in the minutes. If the motion is approved, the public body shall convene in closed session to consider only the item or items covered by the motion voted on prior to closing the meeting. 

Example 68:
Item 6 on the agenda of a regular open meeting of a municipality’s governing board states:

“Purchase of Property for New Courthouse.” A member of the governing body moves that the meeting be closed pursuant to Section 10-15- 1(H)(8) to consider the purchase of real property for the new courthouse. The motion is duly seconded and a roll call vote is taken. The minutes reflect that each of the members present voted in favor of the motion. This procedure would comply with the requirements for closing an open meeting under the Act. 

 Example 69:
A city council has been sued for breach of contract by a former employee. During an open meeting of the council, one member moves to close the meeting to discuss the status of the case with the city attorney, citing both the limited personnel and litigation exceptions. If the council votes to defeat the motion, the  matter is discussed in open session. If the motion passes, any final action taken by the council involving the hiring, promotion, demotion, dismissal, assignment or resignation of the former employee must be taken in open session due to the restriction of Section 10-15- 1(H)(2). A final decision as to how to defend the charges alleged in the lawsuit, however, could remain confidential under the litigation exception.

Commentary
Unless an action requiring a vote in public is to be taken, the public body may adjourn the public meeting when it goes into closed session and not return to public session after it completes its closed meeting. If the public body does re-open the meeting after a closed session, the public body may follow whatever procedures it deems appropriate. The Act does not have any requirements for returning to open session after a closed session.