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

Attorney General's Opinion 1979-80 #302

Confirms procedures for going into closed meeting. Board member appointed in an illegal meeting is a de facto officer, and the board's actions are valid, until notice of the illegal appointment is made.

Attorney General's Opinion 1975-76 #417

FOIA violation for going into executive session without a motion, and for reconvening, having transacted public business, without a motion. Election held in improper executive session may be set aside by court action. Acts of entity with an improperly elected official as a member are valid until the official is notified of the legal defect behind his/her election.

Attorney General's Opinion 1974-75 #568

General budget discussions must be public. Public vote required before adjourning to closed meeting.

Attorney General's Opinion 1974-75 #570

Discussion in closed session about town manager's employment in violation of FOIA because the meeting was not preceded by an affirmative vote in open session.

Attorney General's Opinion 1973-74 #450

Board cannot meet in executive session to discuss general budgetary matters. Individual matters that fall within an exemption may be discussed, provided the procedures from entering into a closed meeting are followed.

Attorney General's Opinion 1972-73 #491

Acknowleding 1973 change in law that requires announcement of the specific topic to be discussed in closed session.

Attorney General's Opinion 1972-73 #488

Only topics covered by FOIA may be discussed in a closed meeting. Public vote must be taken prior to adjourning into a closed meeting.

Attorney General's Opinion 1971-72 #467A

Closed session must be preceded by motion adopted in open session. Public body required to notify any citizen who requests notification of public body meetings, though public body not required to maintain a mailing list.

Attorney General's Opinion 1971-72 #466

Board must vote in open session whether to hold a closed meeting; no informal plan to meet is allowed. No need to publicize time and location of closed meeting, though those attending the public meeting where the closed meeting is announced will be aware of the schedule.

Attorney General's Opinion 1972-73 #494

A citizen who asks for notice is entitled to continuous notification of all meetings. An affirmative vote to go into closed session must be taken prior to each session.


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