Motions to Close Meeting, and Motions When Coming Out of Closed Meeting

FOI Advisory Council Opinion AO-14-01

When making a motion to go into closed session, the level of specificity required to identify the subject matter when addressing litigation greatly depends upon how its disclosure would affect the negotiating or litigating posture of the public body, and thus a general description may suffice.

FOI Advisory Council Opinion AO-19-00

Parental request of school board for religious exemption (as a personal matter unrelated to the transaction of public business) is proper subject for a closed meeting if the topic has been identified with specificity in the motion to go into closed session.

Hale v. Washington County School Board

Relief for a plaintiff under FOIA does not include compelling a government body to turn over minutes, even if there are any, of an executive/closed meeting.

Attorney General's Opinion 1983-84 #445

Executive meetings should not be continued from one date to a subsequent date when the business before the body cannot be completed on the scheduled date.

Attorney General's Opinion 1982-83 #717

Discussion about the desirability of creating a deferred payment plan for hooking up to the city sewer line is not proper subject for closed meeting under the legal matters exemption.Reading a prepared statement to close a meeting does not meet the FOIA requirement that a motion to go into a closed meeting must be adopted.

Attorney General's Opinion 1981-82 #430

Body may meet in executive session at irregular time and place as long as members of the body waive notice and as long as the pass a motion in open session to go into executive session.

Nageotte v. Board of Supervisors of King George County

A motion to go into executive/closed session to discuss personnel issues need not identify the identity of the employee to be discussed.

Marsh v. Richmond Newspapers Inc.

An executive session/closed meeting based on the legal matters exemption is not justified by an attorney's mere presence in the room

Attorney General's Opinion 1979-80 #379

Public body may not discuss any subject in executive session other than those authorized in FOIA's exemptions.

Attorney General's Opinion 1979-80 #380

Executive session called without a prior resolution adopted in public meeting violates FOIA. No election of planning commission officers in executive session. Actions taken by illegally elected public body officers are valid up until the point when they learn of the election defect.


Subscribe to RSS - Motions to Close Meeting, and Motions When Coming Out of Closed Meeting